Gigs Legal Process Guidelines
Gigs Wireless, LLC and our affiliated companies (collectively, “Gigs,” “our,” “us” or “we”) provide a global connectivity enablement platform and related services (“Services”) to enterprises, enabling our enterprise clients (each a “Partner”) to provide connectivity and wireless-enabled devices and services to their customers and end users (each, an “End User”). Using Gigs’s Services, Partners can provide the ability to their End Users to consume mobile talk, text, and data services. Gigs knows its Partners and End Users care deeply about privacy and data security, and does not disclose customer information in response to government demands, law enforcement, or other demands except where required pursuant to a valid legal process. These guidelines are therefore intended to provide information regarding the legal process that Gigs requires in order to disclose information within Gigs custody or control, whether pertaining to Gigs or any of our Partners or End Users. Requests for information should be as narrow and specific as possible to avoid misinterpretation, objection, and/or challenge in response to an unclear, inappropriate, or overbroad request.
United States
U.S. Government & Law Enforcement. For purposes of classification under the Stored Communications Act (“SCA”), Gigs is generally an “electronic communications service” (“ECS”). See 18 U.S.C. §§ 2510(15), 2711(2). Accordingly, Gigs will comply as required by applicable laws with subpoenas and other requests for information from U.S. government agencies and law enforcement entities (“Government”). Gigs will accept service of such requests from Government entities via email at lawenforcement@gigs.com. Gigs will not process any such request unless received from the requesting party’s official Government email address. In the transmittal email attaching a request for information, please include the requesting official’s name, title, and telephone number.
Because Gigs is an ECS, it is in the best interests of Government entities to ensure their information requests are made pursuant to the appropriate form of legal process and within the scope of what is permissible under applicable law (such as the SCA). When End Users open accounts with Gigs through our Partners, they provide basic information which may include names, physical addresses, email addresses, and telephone numbers (where porting a number into Gigs’s platform for use with Gigs’s Services), which they expect to be secured and kept confidential. After a Gigs account is created, as noted above, depending on the Services subscribed to, the End User may then use their Service to consume mobile talk, text, and/or data services. Accordingly:For requests involving “non-content” composed of basic subscriber information (such as name, email address, account application documentation, and service usage information), Gigs will produce such information only in response to a valid subpoena.
For requests involving “non-content” beyond basic subscriber information (such as metadata, “to”/“from”/“cc” email fields, and transaction details (excluding descriptions in invoices that would constitute “content”)), Gigs will produce such information only in response to a court order under 18 U.S.C. § 2703(d) (or the equivalent under applicable state law).
For requests involving “content” (such as the substance of End User communications), Gigs cannot produce information in response to such requests as Gigs does not have access to End User “content.”
Please note that Gig will not process or respond to emails sent by private parties to this email address. For requests by private parties (as well as civil matters), please see Section 2 below.
Civil Matters & Private Party Subpoenas. For requests in any civil matters, as well as requests made by private parties, Gigs will not accept service via email. Instead, if a request pertains to a civil matter or if you are a private party (i.e., not Government), you will need to use a valid legal method of service. Personal service can be made either: (a) at our offices located at 119 Telegraph Hill Blvd., San Francisco, CA 94133; or (b) on our registered agent for service of process: Corporation Trust Company, 1209 Orange Street, Wilmington, DE 19801.
If you have served a subpoena on Gigs using a legally valid method of service, please send a courtesy copy of the subpoena via email to subpoenas@gigs.com with a cover note indicating that the subpoena was also validly served in person.
Please note that Gigs reviews all subpoenas to ensure there is a valid legal basis for each request. We will object, challenge, or reject requests that are unclear, inappropriate, overbroad, or lack valid legal basis.Requests from Non-U.S. Parties. All requests for information from parties outside of the United States, including law enforcement or government officials, must be made through appropriate legal and diplomatic channels — such as multi-lateral legal assistance treaties and letters rogatory processes — and be personally served on Gigs either: (a) at our offices located at 119 Telegraph Hill Blvd., San Francisco, CA 94133; or (b) on our registered agent for service of process: Corporation Trust Company, 1209 Orange Street, Wilmington, DE 19801.
Emergencies. Gigs reserves the right to respond immediately to urgent U.S. and foreign law enforcement requests for information in cases potentially involving a threat to public safety or involving danger of death or serious physical injury to a person. Such emergency requests may be made through lawenforcement@gigs.com. In the email subject line describing your request, please denote that an “Emergency” exists.
Costs & Fees. We may seek reimbursement from the requesting party for costs associated with responding to information requests or charge an administrative fee, particularly if Gigs responds to unique or burdensome requests.
All Other Countries
Until Gigs provides further specific guidance here, please comply with the legal and service requirements for your own country with respect to government, law enforcement, and civil requests for information.