Wetware Guidelines for Law Enforcement Requests

Effective starting: March 28, 2019

Wetware’s policy on responding to law enforcement requests

Wetware provides software tools for teams to collaborate in an online platform environment. These guidelines provide information to inform law enforcement officials seeking customer account records and customer content (“Customer Information”) from Wetware in response to valid legal process, consistent with our privacy policy and use policy.  Wetware respects the rules and laws of the jurisdiction in which it operates, as well as the privacy and rights of its customers. Accordingly, Wetware provides Customer Information in response to law enforcement requests only when we reasonably believe that we are legally required to do so. To protect our customers’ rights, we carefully review requests to ensure that they comply with the law.

 

To obtain Customer Information from Wetware, law enforcement officials must provide legal process appropriate for the type of information sought, such as a subpoena, court order, or a warrant. For example, Wetware will not provide non-public customer content unless served with a valid search warrant, issued on a showing of probable cause by a federal or state court authorised to issue search warrants, which requires Wetware to disclose the content. Please review these guidelines before submitting a law enforcement request to Wetware.

 

These guidelines are intended to serve as an informational resource and do not create obligations or waive any objections concerning how Wetware will respond in any particular case or request. Wetware reserves the right to seek reimbursement for the costs associated with responding to law enforcement data requests, where appropriate.

User Notice Policy

Wetware’s policy is to notify customers of requests for their information and provide them with an opportunity to object to the disclosure 7-10 days prior to production, unless such notification is prohibited by law.  Wetware may shorten the notice period in its discretion, but generally only does so in emergency situations. Law enforcement officials who believe that notification would jeopardise an investigation should obtain an appropriate court order or other process that specifically prohibits customer notification, such as an order issued under the Australian Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018.

 

Further, if your request places Wetware on notice of an ongoing or prior violation of our use policy, we will take action to prevent further violation, including account termination and other actions that may notify the user that we are aware of the misconduct. If you believe in good faith that taking such actions will jeopardise an ongoing investigation, you may request that Wetware defer such action in your request. Wetware will evaluate such requests on a case-by-case basis. It is the responsibility of the requesting law enforcement official to make this request, as it is Wetware’s policy to enforce its terms of use.

Serving a Valid Law Enforcement Request & Contact Information

Email Address for Law Enforcement Questions and to Send Legal Process: ops@wetware.com.au

 

Mailing Address for Law Enforcement Requests:

 

Wetware Pty Ltd

Attn: Legal Department

PO Box 123

Hamilton Central

Brisbane, QLD 4007

AUSTRALIA

 

While we agree to accept service of law enforcement requests by these methods, neither Wetware nor our customers waive any legal rights based on this accommodation.

 

Each request must include contact information for the authorised law enforcement agency official submitting the request, including:

Requesting agency name

Requesting agent name and badge/identification number

Requesting agent employer-issued email address

Requesting agent phone contact, including any extension

Requesting agent mailing address (P.O. Box will not be accepted)

Requested response date (see details below for emergency requests)

Please note that requests seeking testimony must be personally served on our registered agent for service of process. We do not accept such requests in person or via email.

 

Available Wetware Customer Information

Wetware offers a variety of software tools on its platform that contain Customer Information. In addition, Wetware maintains certain Customer Information in internal systems as a matter of regular business processes. Wetware will review and respond to requests for Customer Information pursuant to a valid, enforceable government request, court order and/or warrant, depending on the type of information requested.

 

The categories of Customer Information that may be available for law enforcement requests seeking basic customer account information, include, for example: email address, name, phone number, screen name, instant messenger ID and/or billing contact information (in connection with paid accounts). Additional information regarding IP addresses, transactional records and other customer records may be available.

 

The categories of Customer Information that may be available to law enforcement requestors depends on which Wetware product is used by the customer about whom law enforcement seeks information. We encourage law enforcement officials making a request for Wetware Customer Information to review our product descriptions before preparing legal process and submitting your request, order or warrant. For example, Projcycle enables teams to organise information. Available Customer Information involving Projcycle might include, in addition to basic account information, IP access information, board member information and/or content. As another example, Workflow approvals facilitates teams to collaborate while progressing through projects. Available Customer Information involving Projcycle might include, in addition to basic customer information, dates that the user created and last accessed the Projcycle account, IP addresses associated with log-ins to a user account, team memberships and project details (content) stored in a Projcycle repository. As a third example, Projcycle provides team chat and messaging functions. Available Customer Information using Projcycle might include, in addition to basic customer account information, IP addresses associated with log-in information and chat messages (content).

 

Law Enforcement Preservation Requests

Wetware will preserve Customer Information for 90 days upon receipt of a valid law enforcement request. Wetware will preserve information for an additional 90-day period upon receipt of a valid request to extend the preservation. If Wetware does not receive formal legal process for the preserved information before the end of the preservation period, the preserved information may be deleted when the preservation period expires.

 

Preservation requests must be sent on official law enforcement letterhead, signed by a law enforcement official, and must include:

 

The relevant account information identified below for the customer whose information is requested to be preserved;

A valid return email address; and

 

A statement that steps are being taken to obtain a court order or other legal process for the data sought to be preserved.

 

​Preservation requests may be sent to the contact information (mailing address or email account) provided, above.

How to Request Wetware Customer Information

When requesting Customer Information, law enforcement requestors should provide as much of the following information as is available. Providing the following identifying information will facilitate Wetware’s ability to respond in an effective and timely manner:

 

  • Basic Customer Account Information (Wetware systems): Username, email address, URL, Support Entitlement Number (SEN)

  • Customer Information involving specific Wetware product(s)

 

International Law Enforcement Requests

Australian law authorises Wetware to respond to requests for Customer Information from foreign law enforcement agencies that are issued via an Australian court either by way of a Mutual Legal Assistance Treaty (MLAT) request or letter rogatory.  It is our policy to respond to such Australian court-ordered requests when properly served. Wetware will evaluate emergency requests from foreign law enforcement on a case-by-case basis, consistent with Australian law and the laws of other countries, if applicable. Emergency requests may be submitted directly to Wetware via the procedure described below.

 

Emergency Requests

Wetware evaluates emergency requests on a case-by-case basis. If you provide information that gives us a good faith belief that there is an emergency involving imminent danger of death or serious physical injury to any person, we may provide information necessary to prevent that harm if we are in a position to do so, consistent with applicable law.

 

Emergency requests may be submitted via email to ops@wetware.com.au with the subject line: “Emergency Disclosure Request”.

Wetware Software Architects

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