Updated: February 23, 2023
These Guidelines are a reference for law enforcement officials seeking the data of users of the Smule platform.
1. Basic Requirements
Requests must be addressed to the Smule entity both in hard copy and by PDF or similar through a web form to initiate processing. The details regarding the content of the requests can be found in Section 3.
Please use the following address for all Smule users:
Smule, Inc.
ATTN: Smule CEA
386 West 500 South
Suite 300
Salt Lake City, UT 84101
United States
In addition, please use the following web form for the initial request including any and all attachments, such as an official warrant, court order, or other appropriate documentation supporting the request, in PDF or similar format:
https://smule.zendesk.com/hc/en-us/requests/new?ticket_form_id=360000113426
Any confirmation of receipt of correspondence is for convenience only and, in doing so, Smule does not waive any right of objection, including for lack of jurisdiction, invalid legal process, or lack of proper service.
All requests made to Smule and any supporting documents, including orders, warrants, and/or subpoenas, or equivalent, must be provided in English or with a translation.
Smule reserves the right to not respond to requests for user data sent by non-law enforcement officials or when they are sent through informal channels.
2. Types of User Data
Smule may hold the following user data which can be the subject of a valid law enforcement request:
| Data Type | Examples (Non-Exhaustive) |
| Subscriber Information | Smule username/handle |
| Email address (depending on the user’s sign-up method) | |
| Phone number (depending on the user’s sign-up method) | |
| Account creation date | |
| IP address at account creation | |
| Device information | |
| Log-in / Log-out Data | IP address of account login/logouts |
| Interaction Data (Non-Content) | IP address logs for interactions (for a specified period only) |
| Video creation time/date | |
| Content Data | Video content |
| Comments | |
| Direct message content |
Each request must clearly specify the type of data requested and the legal basis for its request. If the request does not meet the applicable legal requirements for the requested data (as listed in Section 3 below), the data will not be disclosed.
In the case of requests relating to content data, additional documentation will be required such as a domestic court / judicial order, warrant, or equivalent.
3. Requirements When Making a Request
Each request must be signed, dated, and prepared on law enforcement letterhead. The hard copy must be sent to the physical address and a PDF or similar version of the same sent to the webform as listed in Section 1.
Each request must include the following information:
Details of Requesting Law Enforcement Authority or Court:
- Requesting Authority or Court: The name and location of the law enforcement authority. In the case of a Court order, the request should indicate the location and name of the relevant Court and judge/magistrate.
- Requesting Officer: The requesting officer’s name, badge/identification number, email address (this must be from an official email domain), and phone number (including any direct dial extension).
- Details of Relevant User Account:
- Smule Username: When requesting data regarding a specific user of the Platform, you must provide a specific Smule username or an approved account identifier associated with the relevant account. We also request that a screenshot of the relevant account be provided to help us to identify the correct account more quickly. The following are Smule-approved identifiers:
- Smule User ID
- Smule Username (account URL or screenshot accepted)
- Phone Number
- Email Address
- Video ID (video URL or screenshot accepted)
- Smule Username: When requesting data regarding a specific user of the Platform, you must provide a specific Smule username or an approved account identifier associated with the relevant account. We also request that a screenshot of the relevant account be provided to help us to identify the correct account more quickly. The following are Smule-approved identifiers:
- Data Requested: The request should clearly specify the scope of the data requested. Overly broad requests will be refused.
- Date range: The request must specify a date (and, if possible, a time), or a date range as relevant to the request (for historic data only).
- Legal Bbasis for the request:
- Relevant Legal Process: The request should clearly specify the legal process (i.e. citing the relevant article or section of an Act / Statute / Code), which authorizes law enforcement to request and collect information for the purposes of prevention, detection, or investigation of criminal offenses.
- Context and Offense(s) under Investigation: The request should separately indicate the type of offense(s) under investigation (citing the relevant Act / Statute / Code), the circumstances of the offense, and in what way it is connected to the Platform.
- User Notification: Please indicate whether user notification is permitted (see Section 4 below).
4. User Notifications
It is our policy to notify Smule users before disclosing their data to law enforcement unless providing such notice: (a) is prohibited under applicable law; (b) would jeopardize an investigation; and/or (c) would put individuals at risk of harm.
It is the responsibility of the requesting law enforcement authority to clearly indicate in their request whether any of these criteria are met. Smule will honour such requests where appropriate supporting information is provided (for example, if a request makes reference to a non-disclosure obligation under applicable law).
5. Preservation Requests
Smule will honor formal requests to preserve user data for 90 days. Smule will preserve information for an additional 90-day period upon receipt of a formal request to extend the preservation. If Smule does not receive a formal legal process for the preserved information before the end of the preservation period, the preserved information may be deleted when the preservation period expires.
Preservation requests must follow the process as outlined in Sections 1 and 3. Each request must be signed, dated, and prepared on law enforcement letterhead. The request must clearly identify the specific user data to be preserved by reference to the username, the data type, and the date range as per Section 3. The hard copy must be sent to the physical address and a PDF or similar version of the same sent to the webform as per Section 1.
Overly broad or unspecific preservation requests will not be actioned. To seek disclosure of preserved data, the requirements set out in Sections 1 and 3 of these Guidelines will apply.
6. Emergency Requests
Smule has processes in place to handle emergency requests. Such requests are evaluated on a case-by-case basis.
If as part of an emergency request we receive information that is sufficient in our assessment to establish a good faith belief that there is an emergency involving imminent harm, the risk of death, or serious physical injury to a person or persons, we may provide user data necessary to prevent that harm, as permitted by applicable law.
To expedite this emergency request, it must be prepared according to Sections 1 and 3 and must be signed, dated, and prepared on law enforcement letterhead and the PDF or similar version must be submitted through our web form:
https://smule.zendesk.com/hc/en-us/requests/new?ticket_form_id=360000113426
All emergency requests must be made by a sworn law enforcement official, and originate from an official law enforcement email domain.
Non-law enforcement personnel aware of an emergency situation should immediately and directly contact local law enforcement and/or emergency officials.
7. Other
Smule may request that a law enforcement authority submit a request for legal assistance to designated government authorities under the Mutual Legal Assistance Treaty (“MLAT”) framework, or by letters rogatory. This may arise in circumstances where the requesting law enforcement authority is located in a different country than the Smule entity that provides the service to the relevant user whose data is requested (refer to Section 1).
In submitting a request, law enforcement officials are required to ensure that any information provided is complete and accurate to the best of their knowledge and good faith belief and that the disclosure (or other action) requested is necessary and proportionate for the purposes of the prevention, detection, or investigation of offenses, or to prevent an emergency. Once received by law enforcement, the law enforcement authority is required to handle such data in accordance with applicable laws, including relevant data protection laws.
Smule reserves the right to seek reimbursement for the costs associated with responding to law enforcement requests.
Smule may update or replace these Guidelines from time to time at its sole discretion and without notice to any party.