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LAW ENFORCEMENT GUIDELINES/POLICY

  1. INTRODUCTION:
    This Law Enforcement or Government request policy is to outline the procedure of how 42Gears Mobility Systems Pvt. ltd. and its affiliates (hereinafter “42Gears”) will handle any request received from government bodies, law enforcement agencies or any executive bodies or court orders for disclosing the personal information of its customers or any other confidential information processed by 42Gears for its business purposes.These Guidelines are not for the use of, and do not apply to, requests for information from private parties, including civil litigants and criminal defendants.
  2. ACCESSIBLE INFORMATION:
    42Gears collects personal information of individuals through websites, products and services and any other information in accordance with Privacy Notice and End-User License Agreement.  42Gears can provide the non-public personal information of its customers and partners based on the data stored and possessed pursuant to the data retention policies of the organization.Any partner information is always subject to the confidentiality agreement signed between them and 42Gears. If the partner agrees to share the information with the requesting authority, we shall share it with them unless it's a court order or we are legally compelled to disclose such information under the law.
  3. HANDLING OF REQUEST FROM LAW ENFORCEMENT AUTHORITY:
    As a matter of practice, 42Gears do not disclose the data directly to the requesting authority once the request is received. Whenever we receive the request, we analyze it to determine whether it complies with the law. If the request does not comply with the law, the requesting party shall be informed about it.  If we consider the request as vague or complicated, we may ask the law enforcement to narrow down the request for better understanding.If 42Gears find any request invalid or unlawful, such requests will not be responded to. 42Gears may disclose information that is identified with competent characteristics, say for example, is requested through a valid legal process, and that we are reasonably able to locate and retrieve. We will only produce information if we believe based on reasonable judgment that the information is responsive to the legal process. 42Gears cannot respond to unlawful or invalid requests, and we will challenge any request we believe is unlawful or invalid.42Gears Legal team shall carefully analyze each and every request based on case-to-case basis. The legal team shall collaborate with external counsel, if required, to deal with such requests and determine its nature, purpose, importance and validity under applicable laws and decide what further action is required.
  4. PROVIDING REQUEST FOR LAW ENFORCEMENT:
    The law enforcement authorities should send the requests at legal@42gears.com which is the most efficient way to communicate that legal process to 42Gears. Law enforcement and government officials may also use this email address for questions to 42Gears about these Guidelines, though it is important to recognize that 42Gears cannot provide legal advice to such officials.42Gears shall require reasonable time to respond to the requests of law enforcement or authorities. Accepting legal process in this manner does not waive any objections that 42Gears may have to the request. Emails to the legal@42gears.com from any private person or entity or non-governmental e-mail address will not receive a response.
  5. NOTICE TO CUSTOMERS:
    42Gears respects its customers’ rights and privacy. Upon the request of disclosure, and before production of the requested information, 42Gears shall notify the affected customer that a request for information has been made and to provide them a copy of the process underlying the request. Where possible, we strive to give customers 7 days between the time of notification and production of the requested information, though that may vary from case to case. The customer can exercise its rights to challenge the request upon notification, if required.
    There are exceptions to customer notification, which may include:

    • When we are prevented from notifying our customer because of a court order, statute, or other legal limitation (which does not include a mere request to keep a subpoena or other legal process confidential). Should customer notification be precluded under this exception, 42Gears  will endeavor to obtain a waiver that would allow it to provide notification.
    • In rare cases involving the danger of death or serious physical injury to a person,
    • When we have reason to believe that the customer may not get the notification (such as if we have reason to believe the account has been compromised), or
    • When we have a clear indication that a customer is using 42Gears products and services for criminal activity.
  6. EMERGENCY SITUATIONS:
    42Gears may disclose the information to law enforcement without a subpoena or warrant when we believe that doing so is necessary to prevent death or serious harm to an identifiable individual.
    We require emergency requests to be in writing and to include all available information to assist us in evaluating the urgency of the request. Though a government agency may not compel 42Gears to produce information without written legal process, 42Gears may choose to do so if it determines that an emergency situation exists.
    NOTE: 42Gears customers aware of an emergency situation should contact local law enforcement officials for assistance. 42Gears will only produce information to law enforcement (not private citizens) in an emergency.
  7. REIMBURSEMENT:
    42Gears may seek reimbursement for costs associated with responding to law enforcement requests for information, particularly if the costs incurred are the result of responding to burdensome or unique requests.

Version 1.0

Date: 11/05/2023