Law Enforcement Request Policy

Last updated: 28 March 2024

Spark9 will respond to law enforcement and other legal requests for user data per its Terms of Use, Privacy Policy, and this Policy. Nothing in this Policy is meant to create any enforceable rights against Spark9. Spark9’s policies may be updated or changed in the future without further notice to the relevant government or law enforcement authorities.

Law Enforcement Requests

Spark9 will consider the following requests related to users’ data:

• Data Requests. Except for Emergency Requests (as described in paragraph 2 below), all requests for user data must be adequately served through a 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 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 under a Mutual Legal Assistance Treaty (“MLAT”) where such requests have been issued per the prescribed process, as applicable to the relevant MLAT, and
  5. requests from 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.
• 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, please notify your local law enforcement officials. If we make such a disclosure, we will only disclose the user information needed to resolve the emergency. All emergency disclosures must be approved by the Spark9 Legal Team, whose contact details are set out below.
• Preservation Requests. We will also consider requests to preserve a user’s existing data concerning official criminal investigations or other official legal proceedings. If we deem the preservation request valid, we will maintain a user’s existing data for a 30-day or more extended period, pending the service of a formal data request. The preservation hold may also be further extended as permitted under applicable law.
• 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 Spark9 Legal Team at legal@spark9asia.com.

Request Content

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 Spark9 ID or User ID (“UID”)
10. The specific information requested

We will only accept requests that include the above information. We will also only accept requests that we believe are facially and 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. Except for exceptional circumstances, we will only disclose user information necessary to comply with a valid request, which Spark9 is obliged to comply with as a matter of law.

Communications with Users

Spark9’s policy is to notify users of requests for their information before disclosure, except for:

1. where providing such notice is prohibited by the valid legal process, court order, or applicable law.
2. where notice could create a risk of injury or death to an identifiable individual(s).
3. cases that involve potential harm to minors.

If a data request includes a nondisclosure order, Spark9 will notify the affected user when the order is overturned or expires on its 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 get that information on their own from their account.

Legal Process

We encourage law enforcement agencies to contact us via email at legal@spark9asia.com 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:

• Malaysia Office
  • Sky Laser Enterprises Sdn. Bhd.
  • Attention: Legal Team
  • Address:
  • Shoplot No.2, 2ndFloor, Lorong Iramanis 2, Taman Iramanis, Jalan Bunga Ulam Raja, Kolombong, 88450 Kota Kinabalu, Sabah, Malaysia

• Singapore Office
  • WI Ecosys Pte. Ltd.
  • Attention: Legal Team
  • Address: 2 Pereira Road, #04-02, 2Connectt@TS, Singapore 368024

Acceptance of legal process by any 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 cannot offer in-person or expert witness testimony.

Costs

Spark9 may seek reimbursement for costs associated with responding to law enforcement requests for information as permitted by law and may charge additional fees for expenses incurred in responding to unusual or burdensome requests.