Nivafy AI Inc. Law Enforcement Guide

Welcome

This operational guide is designed for members of both U.S. and non-U.S. law enforcement, including appropriate government officials, who are seeking to request the preservation or disclosure of Nivafy account records (i.e., Nivafy user data) from Nivafy AI Inc.

This guide provides details about the possible availability of Nivafy account records, the type of legal process required to compel disclosure of that data, and how to contact our Law Enforcement Operations Team.

To learn more about our Global Safety Operations and our collaboration with Law Enforcement to ensure platform safety, please follow our Safety and Impact Blog.

For safety resources suitable for schools, students, and parents, please visit our Safety Center.

Contact Information for Law Enforcement

Sending Legal Process, Preservation Requests, and Related Inquiries

U.S. law enforcement and governmental agencies should submit legal process and preservation requests to Nivafy via the Nivafy Law Enforcement Portal (NLEP): nlep.nivafy.com

We encourage U.S. law enforcement and governmental agencies not yet registered with NLEP to request access, as it also allows you to track the status of your submissions. To get started, visit nlep.nivafy.com and submit your government-issued email address. You will then receive a confirmation email from [email protected] with a link to complete your registration. Please note that account verification may take some time for security purposes, but you may continue to communicate with us via [email protected] until your account is activated.

For non-U.S. law enforcement officials, NLEP is being introduced as the optimal method of communication with Nivafy. If NLEP is available in your location, please utilize it for your requests.

If you do not have access to NLEP, we can accept service of legal process and preservation requests, as well as general questions, via email (from an official government email domain only) at [email protected]. Please note that we do not accept service of process or respond to inquiries from private email domains (e.g., Gmail, Yahoo).

Receipt of law enforcement requests through these channels is for convenience only and does not waive any objections or legal rights of Nivafy or its users.

Nivafy, in accordance with California state law, does not respond to legal processes related to alleged violations of laws pertaining to the provision, facilitation, or obtaining of lawful abortion services. Please be aware that we will not respond to correspondence from non-law enforcement or non-governmental officials submitted through the channels described above.

Emergency Disclosure Requests

Law enforcement officials requiring emergency disclosure of Nivafy account records should email us at [email protected].

Note that a NLEP account is not required to submit an Emergency Disclosure Request, although it can be accessed more directly if you have an existing NLEP account: nlep.nivafy.com.

When submitting an Emergency Disclosure Request to Nivafy, please provide detailed information about the nature of the emergency and its relation to an imminent risk of death or serious bodily injury. Specific details help us ensure we have all the necessary information for the legal review and processing of your request, in accordance with 18 U.S.C. §§ 2702(b)(8), (c)(4). We ask that you include details about the urgency, the identity of the individual at risk, and how the requested Nivafy information will assist in addressing the emergency.

Important Note: The Law Enforcement Emergency Response Form is exclusively for use by sworn law enforcement or appropriate officials in urgent situations involving threats of imminent death or serious bodily injury. Impersonating a law enforcement official is a criminal offense in the United States and other countries. Non-urgent requests submitted via this NELP, [email protected] or [email protected] will be redirected to the standard submission processes.

Nivafy and Law Enforcement Overview

Nivafy is a cutting-edge platform developed by Nivafy AI Inc. that connects people around the world, enabling them to share experiences, learn, and have fun together. Nivafy, offers a range of services and features designed to enhance interactions among friends, family, and communities. The Nivafy platform, is accessible both as a mobile application, available in the iPhone App Store and Google Play Store, and as a web application at www.nivafy.com.

This guide is intended to provide law enforcement officials with information on how to request Nivafy account records Nivafy AI Inc. We strive to keep this guide current, but please be aware that new products or features may be released after this update, which may not be included herein. For questions not addressed in this guide, please contact us at [email protected].

U.S. Legal Process Requirements

Nivafy discloses user account records in strict accordance with our Terms of Service, the Stored Communications Act (18 U.S.C. § 2701 et seq., “SCA”), and other applicable laws. The SCA dictates that we can only disclose specific Nivafy account records in response to certain types of legal process, including subpoenas, court orders, and search warrants. Under the SCA, U.S. law enforcement and government entities can compel the disclosure of basic subscriber information, non-content account information, and account content with appropriate legal process. Nivafy requires a valid order under the Pen Register Act (18 U.S.C. § 3121 et seq.) or the Wiretap Act (18 U.S.C. § 2510 et seq.), or an equivalent state law, to provide metadata or content information on a prospective basis.

Non-U.S. Legal Process Requirements

Non-U.S. law enforcement agencies typically need to utilize the mechanisms of the Mutual Legal Assistance Treaty (MLAT), a CLOUD Act bilateral agreement, or letters rogatory processes to request Nivafy account records from Nivafy AI Inc. As a gesture of cooperation, Nivafy, will review and respond to properly submitted preservation requests.

For legal requests that fall outside these processes, Nivafy may, at its discretion and in accordance with U.S. law, provide limited Nivafy account records to non-U.S. law enforcement and governmental agencies. This is applicable when the legal process is duly authorized in the requesting country and seeks basic subscriber information and/or IP data.

Furthermore, Nivafy may, in certain circumstances and consistent with U.S. legal requirements, provide limited non-content Nivafy account records to non-U.S. law enforcement on an emergency basis. This is considered when we believe it is necessary to prevent imminent death or serious bodily harm.

Support for Global Law Enforcement

Nivafy, is dedicated to supporting law enforcement investigations in compliance with legal obligations and to ensure the safety of Nivafy users and others. We provide email support to law enforcement agencies for non-emergency matters and offer 24-hour online support for emergency situations that involve threats of imminent death or serious bodily injury. Contact information for our Law Enforcement Operations Team is provided on the first page of this guide.

Please be aware that Nivafy, cannot offer legal advice to law enforcement officials. For clarification about legal restrictions on providers like Nivafy, we recommend contacting the U.S. Department of Justice’s Computer Crime and Intellectual Property Section (CCIPS).

Additionally, while Nivafy, cannot provide expert testimony, we will do our best to respond to questions from law enforcement submitted to [email protected].

Content or Account Takedown Orders

Lawfully issued and legally valid orders for the takedown of content or accounts can be submitted to Nivafy via email at [email protected]

Nivafy User Notice Policy

Nivafy’s policy is to notify users when we receive U.S. legal process seeking the disclosure of their records. Prior to responding to such a legal process, and unless a law or court order specifies otherwise, we give affected users a period to challenge the legal process in court. We ask these users to provide us with a court file-stamped copy of their challenge. Nivafy, does not notify users when we receive preservation requests.

There are two exceptions to our user notice policy:

  • Legal Process with Non-Disclosure Orders: We will not notify users of legal process if a court order under 18 U.S.C. § 2705(b) or other legal authority prohibits such notice. These non-disclosure orders must be duly authorized by a judge’s signature and have a finite duration.
  • Exceptional Circumstances: We reserve the right to forgo user notice in cases where we, at our sole discretion, believe exceptional circumstances exist. This includes situations involving child exploitation, the sale of lethal drugs, or the threat of imminent death or serious bodily injury.

To streamline the process and minimize delays associated with our user notice policy, law enforcement should consider the following steps:

  • Informing Nivafy, of No Objection: When submitting legal process, please indicate if you have no objection to us notifying the affected user(s). This allows us to process your request more swiftly by eliminating the step of confirming your stance on user notification.
  • Court Order Prohibiting User Notification: If you provide a court order in accordance with 18 U.S.C. § 2705(b) or state law that restricts Nivafy from notifying the affected user(s), ensure it includes unique identifying information, like a case number or Nivafy username(s). Please note that indefinite non-disclosure orders are not recognized; all such orders should specify an end date.
  • Alternate Legal Basis for Non-Disclosure: If there is an alternate, valid legal basis that prohibits Nivafy from notifying the user(s), please inform us accordingly.
  • Cases Involving Sensitive Issues: If your case involves child exploitation, the sale of lethal drugs, or imminent threats to life or serious bodily injury, provide sufficient factual basis for Nivafy to independently ascertain the situation.

Identifying a Nivafy Account

Prior to submitting legal requests for the preservation or disclosure of Nivafy, account records (i.e., Nivafy user data), it is essential for law enforcement to accurately identify the username of the Nivafy account. It’s important to distinguish between a Nivafy account’s username and its display name. We cannot locate an account on Nivafy, by using just the display name. Even though our users are required to use their real names and we verify each individual’s identity before creating a Nivafy account, there can be numerous users with common names. Therefore, it is crucial to have the correct username to accurately identify an account

Nivafy Username

A Nivafy username is a unique identifier tied to a specific Nivafy account. Users may change their Nivafy username, once every 365 days. It’s crucial to note that a user’s decision to change their username does not affect Nivafy’s ability to preserve or disclose available user data, provided the legal request specifies either the original or the new username.

Nivafy username characteristics:

  • Must be between 3-15 characters in length.
  • Can only include letters, numbers, and the special characters hyphen (-), underscore (_), and period (.).
  • Cannot include more than one of the special characters mentioned above.
  • Cannot end with a hyphen, underscore, or period.
  • Cannot contain spaces.
  • Cannot include emojis or other symbols like @, $, #, etc.
  • Will appear in lower-case letters within the app.

On Nivafy, display names are permanent and reflect each user’s real, legal identity. A display name can only be changed if a user has legally changed their name. This policy ensures authenticity and aligns with our commitment to maintaining a safe and secure environment, free from bots and scammers. By requiring all usernames to match their legal identities, we foster a trustworthy and reliable community for our users.

If you are uncertain about a valid Nivafy username, you can enter the username into Nivafy’s “Search” feature to check its existence. If the username does not appear, it either does not exist or the account may have been deleted. Please note that some deleted Nivafy accounts may still retain certain limited account records, depending on various factors.

Should you be unable to pinpoint a Nivafy username, we can attempt to locate an account using a current phone number (inclusive of country code) or an email address, provided these were associated with the user’s account. It is also important to note that users on Nivafy are obliged to maintain a verified phone number or email address on their accounts.

Accounts can also be identified by their hexadecimal User ID. When submitting a User ID, please format it in the 0-0-0-0-00 structure, as this is how such identifiers are represented in Nivafy’s systems.

Please be aware that we are unable to locate Nivafy accounts based solely on real names, dates of birth, street addresses, Social Security numbers, or other identifiers not mentioned above. Similarly, we cannot locate accounts based on the content or media shared, or the geographic location of a user at a specific time.

Required Legal Process

Sending Legal Process to Nivafy

As detailed on page 2 all law enforcement and governmental agencies with access to Nivafy’s Law Enforcement Portal (NLEP: nlep.Nivafy.com), should submit legal process and preservation requests through NLEP.

While we currently accept service of legal processes from law enforcement via email (from an official government email domain) at [email protected], using NLEP enables law enforcement to track their submissions and may lead to faster response times.

Legal Process Requirements Overview

Nivafy, discloses Nivafy’s account records (i.e., Nivafy user data) to law enforcement on a non-emergency basis only upon receipt of legal process that meets all legal requirements.

The legal process should: be submitted in a non-editable static file format (such as PDF); name “Nivafy AI Inc” as the Custodian of Records; and be signed and dated. For requests concerning multiple Nivafy accounts (e.g., multiple usernames), please include them in a single legal document (e.g., one subpoena). Nivafy, may also ask for justification from law enforcement if a single legal process involves numerous accounts.

Note: For efficient and accurate processing, if the legal process involves more than 10 Nivafy accounts, please also provide an editable copy of your request in a format such as DOCX or TXT. Failure to provide an editable copy may result in delayed processing.

When providing legal process requesting Nivafy account records, please specify the following:

  • Nivafy username, email address, phone number, or hexadecimal User ID Note: Include the international calling code for non-U.S. phone numbers.
  • The specific type of data requested (details provided below).
  • The target date range (“month/day/year to month/day/year”) and any applicable time zone. Note: Records disclosed by Nivafy are provided in Coordinated Universal Time (UTC).
  • Response contact information (including a governmental email address).
  • Your stance on notifying affected Nivafy users and the reason for any objection.

The type of legal process required varies depending on the Nivafy account records you are requesting, as detailed below.

Basic Subscriber Information

Basic subscriber information is collected when a user creates a new Nivafy account or updates their information, among other interactions with the Nivafy platform. Basic subscriber information typically includes the categories listed in 18 U.S.C. § 2703(c)(2), which for Nivafy may encompass:

Current and previous Nivafy usernames.

Current and previous email addresses associated with the account, and their verification status.

Current and previous phone numbers associated with the account, and their verification status.

Nivafy account creation date and IP address.

IP addresses (and timestamps) related to Nivafy account various device activities.

Certain details about the user’s usage of Nivafy services and account settings.

Note: Having a valid phone number and email address is mandatory for using the Nivafy app, and Nivafy does verify the information provided by users via third party companies such as Telesign and ComplyCube.

IP logs connected with Nivafy account logins, logouts, failed login attempts, authentication events, and friend-related activities are retained for a limited period while an account is active and even after a Nivafy account is deleted. IP logs tied to a Nivafy account’s interactions with specific features may be kept for an extended duration.

Legal Process for Basic Subscriber Information

To obtain basic subscriber information, law enforcement can use a subpoena (including one issued by a grand jury), a court order in accordance with 18 U.S.C. § 2703(d), or a federal or state search warrant.

Communications Metadata

Nivafy may have logs available that contain metadata about a user’s communications.

  • Legal Process for Communications Metadata: Law enforcement can obtain communications metadata through a court order in accordance with 18 U.S.C. § 2703(d) or a federal or state search warrant.

Non-Communications Metadata

Metadata unrelated to communications, such as information about a user’s Friends List or device identifiers, may be available. Additionally, logs concerning metadata related to Nivafy’s equivalent of “Showreel” might also be accessible.

  • Legal Process for Non-Communications Metadata: Law enforcement can obtain non-communications metadata via a court order issued under 18 U.S.C. § 2703(d) or a federal or state search warrant.

Location Data

Location data may be available for users who have enabled location services on their device and opted into location services in the Nivafy app settings.

Currently, Nivafy can provide available geolocation data for an entire account, or in relation to metadata associated with “Showreel.” Nivafy cannot supply geolocation data specifically tied to posts or communications on Nivafy’s equivalent of Nivafy Map.

  • Legal Process for Location Data: Law enforcement can access location data, as available, with a federal or state search warrant.

Content

Nivafy’s servers are designed to automatically save most user-generated content, such as the contents of communications. An exception is content within “Showcase,” which will be deleted after 24 hours of post. Content saved to Nivafy’s chats is encrypted and cannot be decrypted by Nivafy.

  • Legal Process for Content: Law enforcement can access content, as available, with a federal or state search warrant.

Preservation Requests

A preservation request to Nivafy is a overal capture of a user’s available data at a specific point in time. This includes basic subscriber information, metadata, geolocation data, and content such as Showreel, Journeys, and Showcase. Law enforcement is advised to request the preservation of relevant data promptly following an incident for which evidence is needed.

Nivafy complies with preservation requests from law enforcement in line with 18 U.S.C. § 2703(f). Upon receiving such a request, we endeavor to preserve any available Nivafy account records within the specified date range for any properly identified Nivafy user(s). These preserved records are maintained in an offline file for up to 90 days. We will extend this preservation period for an additional 90 days upon receiving an extension request. If an extension is required, law enforcement should submit a clearly indicated preservation extension request, differentiating it from an original preservation request.

As a courtesy to non-U.S. law enforcement agencies, Nivafy may, at its discretion, preserve available Nivafy account records for up to one year while the MLAT or letters rogatory process is underway. We may further extend this preservation for an additional 180 days upon receipt of an extension request.

Note: As 18 U.S.C. § 2703(f) does not accommodate repeated or serial preservation requests beyond one additional 90-day period, Nivafy typically does not comply with such requests. However, in exceptional circumstances and at our sole discretion, we may consider additional extensions.

Emergency Disclosure Requests

U.S. and non-U.S. law enforcement officials seeking the emergency disclosure of Nivafy account records should submit their request to [email protected]

Emergency disclosure requests must be submitted by a sworn law enforcement official and must originate from an official law enforcement email domain. When submitting an emergency disclosure request, please provide the Nivafy username or hexadecimal User ID, associated phone number or email address. Describe the nature of the emergency as specifically as possible and specify the information you are seeking to resolve the emergency situation, along with how this information will aid in addressing the emergency.

In line with 18 U.S.C. §§ 2702(b)(8) and 2702(c)(4), Nivafy is authorized to voluntarily disclose certain Nivafy account records without a legally authorized process when we believe in good faith that an emergency involving a threat of imminent death or serious bodily injury necessitates the immediate disclosure of such records. Therefore, it is imperative to provide specific details about the nature of the emergency and its connection to an imminent risk of death or serious bodily injury.

Testimony

When Nivafy discloses records to U.S. law enforcement, these disclosures will include a signed Certificate of Authenticity. This certificate is intended to negate the need for a Custodian of Records to provide testimony. However, if testimony is still required for records authentication during a trial, Nivafy will need any testimonial subpoena to be properly domesticated and served as stipulated by the Uniform Act to Secure the Attendance of a Witness from Without a State in Criminal Proceedings, as outlined in WA. 1943 c 218 § 6; Rem. Supp. 1943 § 2150-6.

Nivafy may not be able to accommodate subpoenas for witness testimony if they are served less than 21 days prior to when the testimony is required. To facilitate a smooth process and to ensure we receive adequate notice, we recommend providing us with a courtesy copy of the subpoena via the Nivafy Law Enforcement Portal (NLEP) or [email protected] while you pursue domestication. Please be aware that accepting this courtesy copy does not waive Nivafy’s right to object on any applicable legal grounds.

Nivafy does not provide expert witness testimony or testimony outside the United States.