Law Enforcement and Government Demands Policy

I. Introduction

GoFundMe Group, Inc. and its subsidiaries and affiliates (collectively, “GFM”) are committed to maintaining the privacy of its users and employees (collectively, “Data Subjects“) and adhering to the law and data privacy regulations that apply in the many jurisdictions in which it operates. GFM is also committed to making reasonable efforts to cooperate with legally valid court orders, subpoenas, search warrants, or other information requests issued by law enforcement or official representatives of government agencies (collectively “Requests”). This Law Enforcement and Government Demands Policy (“Policy”) establishes the principles that GFM will follow when responding to such Requests.

This Policy is solely intended to provide information to law enforcement officials or official representatives of government agencies (“You” or “Your”) regarding the legal process that GFM requires to disclose information concerning Data Subjects. This Policy is not intended to address requests for information by GFM users, civil litigants, or criminal defendants. Civil litigants and criminal defendants may submit such requests via our Civil request for GoFundMe records form. GFM users may request their own data via our Privacy Request Form.

II. General Information

Data Subject information is held by GFM in accordance with GFM’s Privacy Notice and Terms of Service. GFM is committed to maintaining the privacy of Data Subjects. Moreover, GFM is committed to the importance of trust and transparency pertaining to how we use and disclose such data. As stated in our Privacy Notice, we may transfer, disclose and preserve Data Subject information at the request of courts, law enforcement, governmental or public authorities, tax authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or where disclosure is reasonably necessary to: (i) comply with our legal obligations, (ii) comply with a valid legal request (such as a subpoena or court order) or to respond to claims asserted against us, (iii) respond to a valid legal request relating to a criminal investigation to address alleged or suspected illegal activity, or to respond to or address any other activity that may expose us or any other of our users or members of the public to imminent harm, legal or regulatory liability, (iv) enforce and administer our Terms of Service or other policies, or (v) protect the rights, property or personal safety of GFM, its affiliates, its employees, its users, or members of the public.

GFM maintains a centralized process for receiving, tracking, processing, and responding to Requests from law enforcement or government agencies. Our legal department reviews and evaluates all Requests received, and Requests which GFM determines to have no valid legal basis or considers to be unclear, inappropriate or over-broad are objected to, challenged or otherwise rejected.

Nothing within this Policy is intended to create any enforceable rights against GFM, and GFM’s policies may be updated or changed in the future without notice to law enforcement or government agencies. The latest version of this Policy will be available on the GFM website.

If you have further questions, please contact us by emailing GFMLegal@gofundme.com.

III. Information Available from GFM

This section covers the general types of information which are and are not available from GFM.

GFM may produce the following information in response to a legally valid Request to the extent it has such information available in its records:

Name, email address, IP address and phone number associated with a Data Subject who created a particular fundraiser;
The content of a fundraiser, including previous versions or edits made to a particular fundraiser;
Information regarding the amount of money raised by a particular fundraiser;
Information regarding the timing and amount of any funds withdrawn by a fundraiser organizer or beneficiary;
Name, email address, and IP address for any Data Subjects who donate to a fundraiser, as well as the donation amount and donation date.
Information concerning the relevant third-party payment processor relating to a particular fundraiser.

GFM may minimize, redact, or otherwise limit the information produced in response to a Request as appropriate and necessary to comply with the Request and applicable law.

GFM is not a financial institution, bank or payment processor and does not hold funds itself. Accordingly, GFM is not in possession, custody or control of its users’ bank account statements, complete banking or credit card information, digital payment information, account opening documentation, full account numbers or any other information typically held by financial institutions or payment processors. GFM is also not able to search for responsive records using such financial information. For bank account and related information, GFM can provide you the name of the relevant third-party payment processor and you can contact them for additional information.

IV. Guidelines for Requesting Information from GFM

Law enforcement and government agencies should be as specific as possible when fashioning their Requests to avoid misinterpretation, objection, challenge and/or rejection of an unclear, inappropriate or overbroad request. All Requests should include the legal basis for the request by citing the specific provision of domestic law which authorizes the collection of information from a third-party entity such as GFM for the purposes of prevention, detection or investigation of offenses, or the relevant provision of the applicable data privacy law or regulation. Requests that do not have a legal basis, are overbroad, vague, do not provide sufficient information to identify responsive information, or that are otherwise inappropriate will be rejected.

When submitting Requests, the requestor should identify the specific user or fundraiser at issue. When possible, the requester should provide unique identifiers associated with a user or fundraiser such as (1) the fundraiser title; (2) the fundraiser link; (3) the user’s full name; and (4) the user’s email address. Names alone, without additional identifiers, are often not unique identifiers and GFM may not be able to identify responsive records using names alone. Please note that GFM is unable to conduct searches using dates of birth, addresses, social security numbers, or bank account numbers.

Requests from the United States, United Kingdom, European Union Countries and Australia: GFM will accept service of Requests that are electronically submitted via GFM’s Law Enforcement Requests for GoFundMe Records form, provided that such requests are received from an official law enforcement email account and all fields in the form are completed. Where Requests are submitted via GFM’s web form, no physical delivery of the Request is necessary.Alternatively, Requests may be served on GFM’s registered agent for service of process at:Corporation Service Company which will do business in California as CSC-Lawyers Incorporating Service 2710 Gateway Oaks Drive, Suite 150N Sacramento, CA 95833
Elsewhere In the World: Law enforcement or government agencies outside of the United States, the United Kingdom, Australia or the European Union must utilize mutual legal assistance treaties (“MLATs”), the Hague Evidence Convention, or other comparable arrangements under applicable law.
Witness Testimony: Notwithstanding the foregoing, GFM will not waive service requirements for Requests seeking witness testimony, nor will it accept service of requests for witness testimony via electronic means. Unless GFM’s prior written consent is obtained, all Requests seeking witness testimony must be served through GFM’s registered agent for service of process and properly domesticated pursuant to California law. GFM will resist Requests for witness testimony that are served with fewer than 14 days advance notice.

V. Exigent Circumstances Procedures

Exigent Circumstances are those in which the law enforcement or government agency provides sufficient information such that GFM believes in good faith that an emergency involving imminent threat of death or serious injury to any person, terrorism, cyber-terrorism or kidnapping requires disclosure without delay of information relating to the Exigent Circumstances. A requestor seeking to demonstrate that Exigent Circumstances exist must be able to sufficiently verify his/her identity and the nature of the Exigent Circumstances.

Requests for information in Exigent Circumstances without an otherwise legally valid subpoena, search warrant, court order, or information request may be submitted to GFM via its Law Enforcement Requests for GoFundMe Records form. GFM will evaluate the Exigent Circumstances and seek additional verification, if needed. If GFM after reasonable diligence believes there are Exigent Circumstances, then GFM will respond to such requests for information as promptly as possible. The information disclosed will be limited to that necessary to specifically address the Exigent Circumstances.