Law Enforcement Guidelines

These Guidelines are a reference for law enforcement officials seeking data from tag8, a brand owned by 3Y Ventures LLP. These Guidelines are not intended for requests for information by tag8 members, civil litigants, or criminal defendants.

For Emergency Disclosures, please refer to Section 8 below.

tag8 takes the privacy of its members seriously and is committed to protecting their privacy. tag8 requires valid and legally binding legal process that is properly served, and completion of a Legal Request Intake Form, before disclosing member data, except in emergencies, where the member has provided consent, or in other circumstances in tag8’s sole discretion and consistent with applicable law. We review all legal process for authenticity, facial validity, and legal sufficiency (including by ensuring the form of legal process—such as a subpoena, d-order or search warrant—is sufficient under applicable law or under the Electronic Communications Privacy Act to obtain the type of data requested), and tag8 reserves the right to object to requests that do not comply with applicable laws or our members’ rights.

These Guidelines do not create any obligation or enforceable right against tag8, nor do these Guidelines constitute legal advice or a waiver of any objection by tag8 in any particular scenario. tag8’s policies and these Law Enforcement Guidelines may be updated or changed in the future without further notice.

1. About tag8

tag8 is a leading technology platform that allows members to locate people, pets, and things using services and products offered by tag8. tag8’s core offering, the DOLPHIN Tracker mobile application alongwith DOLPHIN trackers and QR Code Tags, enables members to locate objects, pet, to share location information, ensure driving safety, and more.

2. Informal Inquiries to tag8

Informal inquiries should be submitted via email to support@tag8.in. Law enforcement must also submit a completed, accurate copy of the tag8 Intake Form to receive a response from tag8. 

3. Service of Legal Process to tag8 and Requirements 

Except as otherwise stated in these Law Enforcement Guidelines, tag8 generally accepts service of legal process via email to support@tag8.in if submitted with a completed tag8 Intake Form.  

Please note that all legal process must be:

• In PDF format and assembled in the complete form as issued by the court or competent authority;
• Issued on government letterhead or with a caption that identifies the court that issued the process and the case/docket number;
• Dated and signed by an attorney or government official (if applicable), or by a judicial officer;
• Issued under the authority of a court with jurisdiction over tag8; and 

All legal process must also identify:

• The specific member whose data is being requested. Names alone are generally insufficient. The request must include one or more of the following identifiers:
  • Phone number or email address associated with the account. 
• The specific types of data requested (see below) and the applicable date range for the request;
• The legal basis for the request; and
• How and to whom the responsive data should be produced.
  
  

4. Information that May Be Available and Legal Process Required

The categories of member information that tag8 may have for a particular member depends on which tag8 products and services they use. 

Please note that we collect different types of geolocation data. tag8 collects two types of location data: raw location data and a data set referred to as “dwell” data. Raw location data reflects a member’s location as they were moving, whereas dwell data reflects locations where a member did not move for at least 15-20 minutes and the approximate length of time in such locations. We retain only raw location data.

Absent exigent circumstances or other lawful exceptions, the categories of information that may be available to law enforcement depend upon the service(s) used and the type of legal process submitted, as detailed in the below table.

5. Data Retention 

tag8 cannot guarantee that it will have any given set of information for any particular member or time period. tag8 retains data in accordance with its Privacy Policy.

tag8 generally retains some form of location data for up to 13 months. tag8 currently collects dwell data in a yearlong batch and deletes the previous year’s batch in February of the following year. Thus, the retention period for dwell data depends on when it is collected but generally will not exceed 13 months. 

 Raw location data from tag8 devices is retained for approximately 30 days. With the exception of the last place a Tracker was recorded.
 

6. Witness Testimony Requests

tag8 provides a Business Record Certification with its productions, which generally eliminates the need for live testimony to authenticate records. Should you believe that a custodian of records is still necessary to provide testimony, we require domestication of all state subpoenas pursuant to the Uniform Act to Secure the Attendance of a Witness from Without a State in Criminal Proceedings, Cal. Penal Code § 1334, et seq. tag8 will not waive service requirements for subpoenas seeking witness testimony nor accept service via electronic means. All subpoenas seeking witness testimony must be personally served on tag8 at its California offices. 

tag8 does not provide expert witness testimony.

7. Preservation Requests 

tag8 will preserve member data for 90 days upon receipt of a formal preservation request from law enforcement in connection with an official criminal investigation and pending the issuance of a court order or other legal process. Law enforcement may request one extension of the preservation request for an additional 90 days. If law enforcement agents do not request an extension before the expiration of the initial 90-day preservation period and/or do not serve tag8 with compulsory legal process before the expiration of the preservation period, the preserved information will be deleted after the preservation period expires. It is the responsibility of law enforcement to track the expiration date for a preservation request and notify tag8 of any request to extend the preservation period.

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

• Required identifiers for the member whose data is requested to be preserved (see Section 3); 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 should be submitted to tag8 via email at support@tag8.in.
 

8. Emergency Disclosure Request Procedures

tag8 has a process for evaluating requests on an expedited basis where an emergency situation exists involving an imminent threat of death or serious bodily harm to a person. The subject line of the email should include “Emergency Request.”  We review these requests on a case-by-case basis. 

Please note that we will only review and respond to emergency requests from law enforcement. We will not respond to emergency requests sent to this address by non-law enforcement officials.
 

9. Member Notice Policy 

tag8’s policy is to notify members when we receive legal process seeking their data unless we are prohibited from doing so by law or a court order. Before disclosing member data, we will make a reasonable effort to notify any affected member by sending a message to their verified email address, with a copy of the legal process. tag8 may, in its sole discretion, shorten or forgo the notice period for emergency situations or exceptional circumstances such as child exploitation cases. Law enforcement officials who believe that notification would jeopardize an investigation should obtain an appropriate court order that specifically prohibits tag8 from notifying any affected members. tag8 reserves the right to notify affected members after any non-disclosure period has expired unless we are prohibited from doing so by law or an additional court order.

12. Cost Reimbursement

tag8 reserves the right to seek reasonable reimbursement costs for responding to law enforcement requests for information.