This Data Request Policy outlines  MachShip’s policies and procedures for responding to such requests for Customer Data. Any  capitalized terms used in this Data Request Policy that are not defined will have the meaning  set forth in the Customer Terms of Service. In the event of any inconsistency between the  provisions of this Data Request Policy and the Customer Terms of Service or written  agreement with Customer, as the case may be, the Customer Terms of Service or written  agreement will control. 

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Requests for Customer Data by Individuals and Private Organisations 

Third parties seeking access to Customer Data, other than in the circumstances described  below, should contact the Customer regarding such requests. The Customer controls the  Customer Data and generally gets to decide what to do with all Customer Data (although  MachShip may disclose data under certain circumstances in accordance with the  MachShip Privacy Policy available here). 

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Requests for Customer Data by Legal Authority 

Except as expressly permitted by the Contract, as contemplated by the MachShip Privacy  Policy, or in cases of emergency where disclosure is necessary to avoid death or physical  harm to individuals, MachShip will only disclose Customer Data in response to valid and  binding compulsory legal process. MachShip requires a search warrant or other binding  judgment or order issued by a court of competent jurisdiction (a federal court or a court of  general criminal jurisdiction of a State authorized by the law of that State to issue search  warrants or other binding judgments or orders) or a government agency to disclose Customer  Data. 

All requests by courts, government agencies, or parties involved in litigation for Customer  Data disclosures should be sent to legal@machship.com and include the following infor mation: (a) the requesting party, (b) the relevant criminal or civil matter, and (c) a descrip tion of the specific Customer Data being requested, including the relevant Customer’s  name and relevant Authorized User’s name (if applicable), MachShip tenant url, and type of  data sought.

Requests should be prepared and served in accordance with applicable law. All requests  should be narrow and focused on the specific Customer Data sought. All requests will be  construed narrowly by MachShip, so please do not submit unnecessarily broad requests. If  legally permitted, Customer will be responsible for any costs arising from MachShip’s  response to such requests. 

MachShip is committed to the importance of trust and transparency for the benefit of our  Customers and does not voluntarily provide governments with access to any data about users  for surveillance purposes. 

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Customer Notice 

MachShip will notify Customer before disclosing any of Customer’s Customer Data so that the  Customer may seek protection from such disclosure, unless MachShip is prohibited from  doing so or there is a clear indication of illegal conduct or risk of harm to people or property  associated with the use of such Customer Data. If MachShip is legally prohibited from  notifying Customer prior to disclosure, MachShip will take reasonable steps to notify  Customer of the demand after the nondisclosure requirement expires. 

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Domestication and International Requests 

To the extent permitted by applicable laws, MachShip requires that any individual issuing  legal process or legal information requests (e.g., discovery requests, warrants, or  subpoenas) to MachShip properly domesticate the process or request and serve MachShip  in a jurisdiction where it is resident or has a registered agent to accept service on its behalf.  MachShip does not accept legal process or requests directly from law enforcement entities  outside Australia or New Zealand. Foreign law enforcement agencies should proceed  through a Mutual Legal Assistance Treaty or other diplomatic or legal means to obtain data  through a court where MachShip is located. 

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Contacting MachShip 

Please also feel free to contact us if you have any questions about MachShip’s Data Request Policy. You may contact us at support@machship.com or at our mailing address below: 

MachShip 

c/- MachShip Australia PTY LTD  

115 Cremorne Street 

Cremorne, VIC 3121 

Australia