Domain Registration Data Disclosure Policy + Guide
Jiinubi is committed to our
customer s privacy, including domain registration data. We also understand that
there may be legitimate reasons for requesting domain registration data. To
navigate these requests, we comply with laws governing what must, can and/or cannot
be shared and the compliance requirements surrounding each request and
resulting decision.
We have put together this policy as a guide for you if you
are seeking domain registration data, formerly known as Whois
data. This guide incorporates the various legal requirements that apply to Jiinubi.
Established Legal Mechanisms
US Court Order or Subpoena
Jiinubi will comply with all
disclosure requests issued via a US court order or subpoena. If you have a US
court order or subpoena, you may submit it directly to [email protected]. Also see: https://www.Jiinubi.com/court-order-and-subpoena-policy/.
Please note: Domain registration data is not required in
order to file a lawsuit against a domain registrant. You may file a lawsuit
using the domain name and then, once filed, submit a subpoena in relation to
the case which requests domain registrant data. You do not need
to name Jiinubi as a defendant in the lawsuit.
Uniform Dispute Resolution Policy (UDRP)
Jiinubi complies with the UDRP.
Disclosure of domain registration data is part of the UDRP process. This
information is not needed in order to file a UDRP complaint.
Therefore, Jiinubi provides this information once a
UDRP has been filed and a disclosure request is made by the assigned mediator.
Disclosure is made directly to the mediator. Also see: https://www.Jiinubi.com/legal/domains/udrp/.
Non-US Court Order
Jiinubi reviews non-US court
orders on a case by case basis to determine our
obligations for disclosure and/or prohibitions against disclosure. If you are
seeking domain registration data pursuant to a non-US court order, please
submit your request along with the certified copy of the court order to [email protected].
Please note that Jiinubi is wholly
US based. All court orders must be in English or have an accompanying certified
translation of the order into English. If Jiinubi is
not subject to the jurisdiction of the issuing court, Jiinubi
will apply a disclosure Balancing Test.
Law Enforcement
Jiinubi will disclose domain
registration data to law enforcement pursuant to a US issued subpoena or other
established law enforcement mechanisms. Requests that include a US
issued subpoena or other established US law enforcement mechanism may be
submitted directly to [email protected].
For law enforcement based outside of the US, Jiinubi reviews requests on a case-by-case basis and will
apply a Balancing Test. All other requests should be submitted to [email protected].
Digital Services Act (DSA)
Jiinubi will provide domain
registration data under a valid DSA Request for Information. European
governmental agencies who wish to issue a DSA Request for Information may
submit the request to our dedicated
DSA channel or our DSA Agent:
- Email
at [email protected]
- Writing
to EDSR at Avenue Huart Hamoir
71, 1030 Brussels, Belgium
- Phone
at +32 2 216 19 71
Also see: https://www.Jiinubi.com/support/knowledgebase/article.aspx/10713/5/dsa-notice-action-mechanism-submission-guidelines/.
All Other Requests
Balancing Test
For all other requests, Jiinubi
will apply a legitimate interest balancing test where we apply the standards
set by the General Data Protection Regulation (GDPR) ( Balancing Test .) The
Balancing Test weighs the requestor s legitimate interest in obtaining (i.e.
processing) personal data against the potential impact on the registrant s
(i.e. data subject s) rights and freedoms. The test is applied on a case by case basis. Factors that Jiinubi
considers include whether: the information is necessary to the legitimate
interest being pursued by the requestor, there are less intrusive ways to
achieve the same purpose, the information can be more appropriately provided
under an existing legal mechanism, the requestor can be validated/verified by
Jiinubi, the requestor is located in a country not deemed adequate under the
GDPR, and whether the request included sufficient, specific details for the
reason for the request.
Please note that these factors are not exhaustive. Also note
that, while each factor will be weighed collectively, failure to include
sufficiently detailed and supported reasons for the request will result in a
denial of the request.
When submitting a disclosure request under the Balancing
Test, you must include:
- Domain:
Identification of the domain, which must be registered with Jiinubi and actively in use.
- Data
Elements Requested: Please list the specific domain registration data
elements requested.
- Requestor:
Identity of the Requestor. Identity must include the name of the
individual and the name of the entity/agency that the person is a part of
and also the name of any third party that they represent.
- Type
of Entity or Individual: Clarification of whether the Requestor is an
individual or a business entity, including relevant details.
- Authorization
to Act: If you are asking on behalf of another party, you must provide the
full name of the party, their relationship to the request and, if
applicable, Power of Attorney or similar documents showing that the
Requestor is authorized to act on behalf of another party
- Contact
Information: Full details of how the Requestor can be contacted (name,
email). This must be an individual name and not a generic reference.
- Detailed
Explanation of the Legitimate Interest: A detailed explanation of the
legitimate interest held by the Requestor seeking the domain registration
information. This should include sufficient detail and, as needed,
documentation supporting rights and/or allegations being made. Please also
address why none of the established legal mechanisms can be used.
- Request
is in Good Faith: By submitting this request, you attest that your request
is in good faith and meets all of the requirements and authorizations
outlined in this submission.
- Country
Location: Your location and any/all locations where the information may be
shared once provided.
- Further
Disclosure: Provide details and explanation for any/all further
disclosures that you will make and/or anticipate making.
- Statement
Under Perjury: A statement by the Requestor that, under penalty of
perjury, the information in the notification is accurate, that you have
the primary authorization to make a request for the information on behalf
of the named party (if applicable) and as to this circumstance and related
set of facts.
- Agreement
to Lawful Processing: Agreement by the Requestor that they will comply
with any additional measures required by applicable law, as determined by
Jiinubi, specifically including the lawful processing of such data under
the GDPR and the Standard Contractual Clauses as approved by the European
Union: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32021D0914.
- Submit
to: The Disclosure request should be submitted to [email protected].
NOTE: If your disclosure request involves an urgent
situation where there is an imminent threat to life, serious bodily injury,
critical infrastructure, or child exploitation you MUST indicate this in the
subject line. In your submission, you must provide the full details of the
situation, share why disclosure of data is deemed necessary to combat or
address the threat and include the name and contact information of the law
enforcement agency/agent you are working with.
A confirmation reply will be provided promptly upon receipt
of your request, and the outcome will be delivered via email within thirty (30)
calendar days.
For all submissions, Jiinubi will
determine, in its sole discretion, whether disclosure can be made.
Jiinubi also reserves the right to
ban further requests from Requestors who are abusive, repeatedly misrepresent
themselves and/or the facts and/or any other activity by a Requestor that Jiinubi believes creates a significant risk to the data
subject s rights and freedoms.
