Last Updated: March 22, 2023

 

This policy is solely intended for use by law enforcement or official representatives of government agencies (“You” or “Your”).  This policy is not intended for requests for information by GeoComply customers, GeoComply customers’ end users, civil litigants, or criminal defendants.

Nothing within these Guidelines is meant to create any enforceable rights against GeoComply, and GeoComply’s policies, including these Guidelines, may be updated or changed in the future without further notice to You.

GeoComply is committed to the importance of trust and transparency pertaining to how we use and disclose our customers’ or their end users’ data. Except as expressly permitted by the customer contract, GeoComply will only disclose customer data: (a) pursuant to a valid legal request, or (b) in the case of an emergency where there is a danger of death or serious physical injury to a person that GeoComply may have information necessary to prevent.

Legal Request Requirement

GeoComply will only disclose customer data to You in accordance with applicable law.  As such, You are required to provide a valid subpoena, court order, or search warrant issued under the procedures described in the U.S. Federal Rules of Criminal Procedure or equivalent procedures.

International law enforcement and government agencies must use procedures provided for under any applicable Mutual Legal Assistance Treaty (MLAT) or letters rogatory processes to request customer or end user data from GeoComply.

To process Your legal request, GeoComply requires (at least) the following information:

Contact Information

• Name of the requesting law enforcement or governmental authority;
• Agent name & badge number or ID number;
• Requesting agent’s workplace email address;
• Requesting agent’s workplace phone contact including extension; and
• Requested response date.

Description of the Customer/End User Information Being Requested

• State with particularity the categories of records or information sought, including:

• Full name of organization or individual whose data is sought;
• Email address(es) associated with applicable account(s);
• IP addresses requested;
• Transactions of interests;
• Location(s) / activity of users; and
• Relevant device information.

State the period of time for which the requested information is sought.

Copy of the valid and enforceable legal process (e.g., a subpoena, court order, or search warrant) that compels GeoComply to produce the requested information).

Subpoenas, court orders, search warrants, or other legal process must be directed to one of the following persons or entities who are authorized to accept legal service of process on behalf of the Company:

• GeoComply’s Legal Department, with a mailing address at 200 – 545 Robson Street, Vancouver, British Columbia, Canada, V6B 1A6, and an email address of regrequest@geocomply.com (please include the subject line: “Legal Request Submission”);or
• GeoComply’s registered and records office and/or registered agent in the applicable U.S. state or Canadian province in which it conducts business. The name and contact information of such offices or agents, as applicable, is on file with the corporate registrar in each state or province and can be requested by email to regrequest@geocomply.com.

Production of Data

As noted above, GeoComply will only respond to data access requests for data in its possession pursuant to valid legal process including search warrants, judicial orders, or subpoenas served by You.  Data made available pursuant to a lawful data request from You will depend on the legal process invoked and what data GeoComply is reasonably able to locate and retrieve.

We disclose information to You solely in accordance with our published privacy statement/policy, these Guidelines,  and/or applicable law:

• A jurisdictionally valid subpoena is required to compel the disclosure of basic user records, which may include name, length of service, credit card information (including billing address), email address(es), and an IP address, if available.
• A court order is required to compel the disclosure of certain records or other information related to a user account (not including contents of communications), which may include message headers and IP addresses, location information of devices over a period of time, in addition to the basic user records identified above.
• A search warrant properly issued under the procedures described in the U.S. Federal Rules of Criminal Procedure (or equivalent state/province/country warrant procedures), based on a showing of probable cause, is required to compel the disclosure of the stored contents and information associated with any account.

Appropriate use of these local processes is necessary for you to obtain information relating to specific devices or users (“User Identifying Information”).  User Identifying Information includes:

• Information relating to presence (or lack thereof) of an IP address or set of IP addresses in a given geographic area;
• The identities and/or identifying information for associated with particular users/players/end-users (e.g., names, address, phone numbers, identification documents); and
• Locations of devices over a given period of time.

In addition, GeoComply can release User Identifying Information to You when directed to do so by its customers.

Account Preservation Requests

GeoComply does not guarantee the existence or retention of particular data.  However, GeoComply will honor valid requests, as described above, from You to preserve information in accordance with 18 U.S.C. § 2703(f) or other lawful authority.  Pursuant to a valid request, GeoComply will take reasonable steps to preserve account records for up to 90 days and will extend the preservation for one additional 90-day period with an additional valid request for extension.

Preservation Requests must:

• Identify the account(s) at issue;
• Identify the investigating agency;
• Identify the legal circumstances driving the need to retain information (signed requests with agency letterheads); and
• Include a valid return email address from the corresponding agency’s domain.

International Requests

International law enforcement and government agencies must comply with procedures set forth in any applicable Mutual Legal Assistance Treaty (MLAT) or letters rogatory processes to request customer data from GeoComply.

GeoComply will also respond to valid legal process from authorized law enforcement and government agencies from jurisdictions other than the U.S. and Canada in which GeoComply operates.

Emergency Requests

If we receive information that gives us a good faith belief that there is an emergency involving imminent harm to a child or the risk of death or serious physical injury to a person, we may provide information necessary to prevent that harm if we are in a position to do so.

Submit an emergency request by email to regrequest@geocomply.com with the subject line Emergency Disclosure Request and include the following information:

• the name and contact information of the individual law enforcement agent or government representative making the request;
• the circumstances of the request and the nature of the claimed emergency;
• explain why there is insufficient time to obtain and serve a valid and binding legal demand;
• state with particularity the categories of records or information sought;
• explain how the information requested will assist in averting the claimed emergency;
• include sufficient information regarding the customer account, such as the name of the legal entity, in order for GeoComply to identify the customer account(s) at issue; and
• indicate the specific time period for which information is requested.

Costs

Where appropriate, GeoComply reserves the right to require or seek reimbursement for the actual costs associated with responding to such requests.

 

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