Kiktag Law Enforcement Request Policy (“Policy”)

Kiktag will respond to law enforcement and other legal requests for user data in accordance with its Terms of Use, Privacy Policy, and this Policy. Nothing in this Policy is meant to create any enforceable rights against Kiktag. Kiktag’s policies may be updated or changed in the future without further notice to the relevant government or law enforcement authorities.

Law Enforcement Requests

Kiktag will consider the following requests related to users' data:

1. Data Requests. With the exception of Emergency Requests (as described in paragraph 2 below), all requests for user data must be properly served through valid legal process. We will respond to such requests as required by law. Data requests that we will consider include, but are not limited to:
   1. a valid subpoena issued in connection with an official criminal investigation is required to compel the disclosure of basic subscriber information, which may include: name, phone number, email address, profile photo, interests, age, gender, hometown, education, occupation, and any recent login/logout IP address(es), if available;
   2. a valid court order is required to compel the disclosure of certain records or other information pertaining to the account, not including contents of communications, which may include message headers and IP addresses, in addition to the basic subscriber information identified above;
   3. a valid warrant, including a search warrant, issued under applicable criminal and/or civil law 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, videos, comments, and location information;
   4. requests issued pursuant to a Mutual Legal Assistance Treaty (“MLAT”) where such requests have been issued in accordance with the prescribed process, as applicable to the relevant MLAT; and
   5. requests from any jurisdictions where we have a good-faith belief that a response is required by law in that jurisdiction, the affected users are in that jurisdiction, and the request is consistent with internationally recognized standards.
2. Emergency Requests. We will respond to requests for user data in situations that we believe in good faith may involve a real and imminent danger of death or serious bodily harm, harm to a minor or other exigent danger as we may determine if we do not respond without delay. Such emergency requests must be submitted by a law enforcement officer and signed under penalty of perjury using the form below. If you are not a law enforcement agent and are aware of an emergency situation, please notify your local law enforcement officials. If we choose to make such a disclosure, we will only disclose the user information needed to resolve the emergency. All emergency disclosures must be approved by the Kiktag Legal Team whose contact details are set out below.
3. Preservation Requests. We will also consider requests to preserve a user's existing data in connection with official criminal investigations or other official legal proceeding. If we deem the preservation request valid, we will maintain a user's existing data for 30 days or longer period, pending service of a formal data request. The preservation hold may also be further extended as permitted under applicable law.
4. Other Information Requests. We will consider non-law enforcement requests for information including requests from regulatory agencies and tax authorities. Such requests can be made by contacting the Kiktag Legal Team at [email protected].

Request Contents

All requests must be sent on official government/law enforcement letterhead and include all of the following information:

1. Original copy of the valid legal process, if applicable
2. Agency Name
3. Agent Name
4. Agent Badge/Identification Number
5. Agent Employer-Issued Email Address
6. Agent Direct Phone Number
7. Agent Mailing Address
8. Requested Response Date
9. A specific user's Kiktag ID or user id ("UID")
10. The specific information requested

We will reject requests that do not include the above information. We will also reject requests that we believe are not facially or substantively valid or if we believe the requests are overly broad, vague, unclear, or unduly burdensome. If the formal request is not in English, we encourage the law enforcement agencies to provide an English translation. Absent exceptional circumstances we will not disclose more user information than is necessary to comply with a valid request which Kiktag is obliged to comply with as a matter of law.

Communications with Users

Kiktag's policy is to notify users of requests for their information prior to disclosure except (i) where providing such notice is prohibited by the valid legal process, court order, or applicable law, (ii) where notice could create a risk of injury or death to an identifiable individual(s), or (iii) cases that involve potential harm to minors. If a data request includes a nondisclosure order, Kiktag will notify the affected user as soon as the order is overturned or expires on its own terms.

User Consent

If a law enforcement official requests information about a user who has provided consent for the official to access or obtain the user’s account information, the user should be directed to obtain that information on their own from their account.

Legal Process

We encourage law enforcement agencies to contact us via email at [email protected] regarding the availability of user information before serving the formal request. Data requests may be served by certified mail, express courier, or in person at the following location:

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 are unable to process data requests served via email.

We may provide a certificate of authentication, but we generally are not able to provide in-person or expert witness testimony.

Costs

Kiktag may seek reimbursement for costs associated with responding to law enforcement requests for information as permitted by law and may charge additional fees for costs incurred in responding to unusual or burdensome requests.

Emergency Request Form

Requestor Information
Agency Name
Agent Name
Agent Badge or Identification Number
Agent Employer-Issued Email Address
Agent Direct Phone Number
Request Details
Detailed description of the nature of the emergency and why the threat is real and imminent (i.e., why there is a potential for imminent serious bodily harm or death or harm to a minor)
User account identifiers (e.g., Kiktag ID and/or phone number)
Detailed explanation of information needed to resolve emergency (i.e., how will the requested information help to prevent the harm)

I declare, under penalty of perjury, that to the best of my knowledge, the foregoing is true and correct.

Signature: _____________________ Date: _________________