Guidelines for Law Enforcement

These guidelines are for law enforcement officials seeking information about a Wearsafe Alert Message sent by or on behalf of a Wearsafe user.  When Wearsafe Labs receives a request for information from a first responders, a government agency, law enforcement or a campus or corporate safety department (“First Responders”), the Wearsafe team reviews each request to be sure that it satisfies all legal requirements.Wearsafe is committed to cooperating with First Responders while respecting each individual’s right to privacy.

What is Wearsafe?
Wearsafe is a personal safety platform that lets people connect with their trusted network of friends and family and instantly alert and inform them when they need assistance.
What Information Does Wearsafe Have?
Registration Information.  When a user creates an account to use our Service (an “Account”), the user must provide information including:

  • First and last name
  • Birth date
  • Email address
  • Password
  • Mobile phone number
  • A photograph that may appear as a profile picture

Additional User Information.  We may also collect additional personal information in connection with the use of our Service, including a user’s:

  • Profile information, including gender, height, weight, hair color, eye color and personal relationships
  • Medical conditions
  • Audio, image and video recordings
  • Billing information
  • Personal and contact information the user provides to us through information pages, feedback pages, email correspondence, dispute resolution or shared by the user from other third party social applications, services or websites

Geolocation Information. We collect a user’s unique user identifier and location through GPS, Wi-Fi, or wireless network triangulation.

Messages and User Content.  We collect information when a user sends messages to other users through use of the Service.

Information Received from Other Users.  We may receive information about a user from other users of the Service.

Information Related to a Wearsafe Alert Message
When a user sends an alert message (a “Wearsafe Alert”), we may collect information related to that Wearsafe Alert including but not limited to, the time and date the Wearsafe Alert was sent, the location of the user, the location of other users in their network, the speed and direction of the user’s travel, audio, video and images collected from the user’s mobile device, and text messages sent by other users of the Service in connection with the Wearsafe Alert.
Data Retention and Preservation Requests
Wearsafe retains different types of information for different time periods. Due to the real-time nature of Wearsafe, some information may be stored for only a very brief period of time.Wearsafe will not retain data for law enforcement unless it receives a valid preservation request. Preservation requests must be submitted in writing, on official law enforcement letterhead, and signed by the requesting official.  Requests may be sent as an email attachment (our contact information is below).  Wearsafe reserves the right to request additional authorization in connection with a preservation request prior to retaining any data.

Requests for User Information or Alert Information
Wearsafe discloses user account information only in accordance with applicable law, including the federal Stored Communications Act (“SCA”), 18 U.S.C. § 2701 et seq. Wearsafe will only release non-public information about its users to law enforcement officials in response to appropriate legal process, such as a subpoena, court order, or search warrant – or in response to a valid emergency request, as described below.  Under the SCA:

  • a valid subpoena issued in connection with an official criminal investigation is required to compel the disclosure of basic user (“subscriber”) records (defined in 18 U.S.C. Section 2703(c)(2)), which may include: subscriber name, account creation date, email address, and a signup IP address, if available.
  • a court order issued under 18 U.S.C. Section 2703(d) is required to compel the disclosure of certain records or other information pertaining to the account, not including contents of communications, which may include photographs and other electronic communication information in addition to the basic subscriber records identified above.
  • a search warrant issued under the procedures described in the Federal Rules of Criminal Procedure or equivalent State warrant procedures upon a showing of probable cause is required to compel the disclosure of the stored contents of any account, which may include messages, photos, comments, and location information.

It is important to note that some information we store is collected automatically, while other information is provided by the user.

Information to Include
All requests must identify the following:

  1. The name of the issuing authority, badge/ID number of responsible agent, email address from a law enforcement domain, and a direct contact phone number.
  1. The name of the user and details regarding specific information requested and its relationship to your investigation.

Emergency Requests

In responding to a matter involving imminent harm to a child or risk of death or serious physical injury to any person and requiring disclosure of information without delay, a law enforcement official can submit an emergency request as an email attachment (our contact information is below).

Under 18 U.S.C. §§ 2702(b)(8) and 2702(c)(4), Wearsafe may disclose user account information to law enforcement – without a subpoena, court order, or search warrant – in response to a valid emergency when we believe that doing so is necessary to prevent imminent harm to a child or risk of death or serious physical injury to any person. Wearsafe evaluates emergency requests on a case-by-case basis.

Any information Wearsafe provides in response to emergency requests is limited to what we believe would prevent the harm.  This may include a user’s IP address, GPS coordinates, message timestamps, telephone number, audio, video and images and/or text message contents.

Emergency requests must be submitted on law enforcement letterhead, and must include the following:

  • a detailed description of the emergency;
  • a description of the harm to be prevented;
  • a detailed description of the Wearsafe Alert Message that you are seeking information about;
  • the specific information requested, including an explanation of why that information is necessary to prevent the harm;
  • an explanation of why the information is needed without waiting for legal process
  • and the signature of the submitting law enforcement officer
International Legal Process Requirements
We disclose account records solely in accordance with applicable terms of service and applicable law. A Mutual Legal Assistance Treaty request or letter rogatory may be required to compel the disclosure of the contents of an account.
Notification
Our policy is to notify people who use our service of requests for their information prior to disclosure unless we are prohibited by law from doing so or in exceptional circumstances, such as child exploitation cases, emergencies or when notice would be counterproductive. We will provide delayed notice upon expiration of a specific non-disclosure period in a court order and where we have a good faith belief that exceptional circumstances no longer exist and we are not otherwise prohibited by law from doing so. Law enforcement officials who believe that notification would jeopardize an investigation should obtain an appropriate court order or other appropriate process establishing that notice is prohibited. If your data request draws attention to an ongoing violation of our terms of use, we will take action to prevent further abuse, including actions that may notify the user that we are aware of their misconduct.
Testimony
We are unable to provide expert testimony. Any records produced are self-authenticating and do not require the testimony of records custodians. If a special form of certification is required, please attach it to your records request.
Cost Reimbursement
We may require that fees be paid in advance or seek reimbursement for costs in responding to requests for information as provided by law. Unusual or burdensome requests may result in added costs that we may recover. We may waive fees in matters pertaining to potential harm to children, us or our users, and emergency requests.
Submission of Requests
Notes
Acceptance of legal process by any of these means is for convenience and does not waive any objections, including lack of jurisdiction or improper service.We will not review or respond to messages sent to this email address by non-law enforcement officials. Users aware of an emergency situation should immediately and directly contact local law enforcement officials.

 

Updated May 23, 2016