Biometric Class Action Waiver and Arbitration Agreement

The Biometric Class Action Waiver and Arbitration Agreement, last modified on October 10, 2024, mandates that all disputes related to the processing of biometric data by Proof or its affiliates must be resolved through individual arbitration administered by JAMS in Boston or remotely, explicitly waiving any rights to class actions or jury trials, with arbitration governed by JAMS Rules and contact available via privacy@proof.com.

Biometric Class Action Waiver and Arbitration Agreement

Last Modified Date: October 10, 2024

The Proof General Terms that govern the use of the Services and the Platform require arbitration on an individual basis, rather than jury trials or class actions, and also describe the specific remedies available to you.

To the maximum extent permitted by law, you expressly waive any right to bring or participate in a class action or to certify a class for any claim or dispute related to the processing of biometric data by Proof or any of its affiliates, or their licensors, service providers, employees, agents, officers, or directors.

You agree to submit any and all disputes arising out of or in any way relating to the processing of biometric data by Proof or its vendors, including any and all disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, and also including any claims relating to arbitrability of any claim or dispute, to final and binding arbitration administered by JAMS in accordance with JAMS Rules then in effect. The arbitration will be conducted before a single neutral arbitrator in Boston, Massachusetts or by telephone or videoconference, and judgment on the arbitration award may be entered in any court of competent jurisdiction. Payment and allocation of all fees will be governed by JAMS Rules. "JAMS" means the Judicial Arbitration and Mediation Service. "JAMS Rules" means the JAMS’ Streamlined Arbitration Rules and Procedures, if applicable, or otherwise under its Comprehensive Arbitration Rules and Procedures and, if applicable, according to the Expedited Procedures in those Rules.

If you have questions about this Biometric Class Action Waiver and Arbitration Agreement contact privacy@proof.com.

Incident Priority Levels and Resolution

Priority Level and Conditions

Level 1: Critical Business Impact. The Incident seriously affects the functionality of the Services (or component thereof) and cannot be circumvented such that most of the significant functionality of the Services (or component thereof) is available.
Level 2: Significant Business Impact. The Incident partially affects the functionality of the Services (or component thereof), but can be circumvented so that most of the significant functionality of the Services (or component thereof) is available.
Level 3: Minimal Business Impact. The Incident can be circumvented such that the Services (or component thereof) can be used with only slight inconvenience. The problem can be considered insignificant and has no significant effect on the usability of the Services (or component thereof).

Conditions for Closure of Help-Desk Ticket

Level 1: The Incident is considered resolved and closed when an Incident Resolution has been fully implemented.
Level 2: The Incident is considered resolved and closed when an Incident Resolution has been fully implemented.
Level 3: The Incident is considered resolved and closed when one of the following occurs: (i) an Incident Resolution has been fully implemented, or (ii) 10 business days have elapsed since Proof’s communication of the information that Proof reasonably believes will resolve the Incident (communicated by email to Subscriber’s designated contact for such Incident), and Subscriber has not responded to Proof. The Incident can be reopened later if it has not been resolved.

On-Demand Notary and Platform Availability Credits

Cumulative On-Demand Notary Availability Downtime (per calendar month)

Up to 240 minutes: No On-Demand Notary Downtime Credit
241-360 minutes: 1%
361-480 minutes: 3%
481-600 minutes: 5%
601 minutes or greater: 7%

Platform Availability Percentage (per calendar month)

99.9% or higher: No Platform Downtime Credit
97% - 99.9%: 1%
95% - 97%: 3%
93% - 95%: 5%
Below 93%: 7%

Incident Priority Response Times

Incident Priority	Acknowledgement Time (During Business Hours)	Provision of Incident Resolution or Interim Process	If Interim Process is provided, Maximum Timeframe for Provision of Incident Resolution
Level 1	1 hour	8 hours	36 hours
Level 2	4 hours	24 hours	5 days

Personal Information Categories (California)

Personal Information Category (Cal.Civ. Code § 1798.140)

Personal Identifiers

Sources: Directly from you; indirectly from you as you navigate or use our Services; notaries; data analytics providers; social networks; advertising networks; internet or mobile service providers; counterparties in a transaction; credential analysis companies; identity verification services.
For job applicants: directly from you; background check providers; recruiters; recruiting software providers.
Purpose: Provide you with our Services; communicate with you; protect and secure our environment; verify, maintain, improve, upgrade, or enhance a product or service; identify and repair errors; advertise or market to you.
For job applicants: Assess your application; satisfy legal obligations.
Recipients: Affiliates; advertising networks; social networks; technology service providers; customer relationship management providers; payment processors; mobile application platforms; tag management platforms; video sharing platforms; notaries; customer support platforms; data analytics providers; marketing platforms; mobile linking platforms; counterparties in a transaction; single sign-on providers; collaboration software providers; customer engagement and communication platforms; identity verification and anti-fraud solution providers; background screening companies; mortgage process digitization providers; electronic signature and digital transaction management providers; financial services companies; web mapping platforms.
Retention: The length of your business relationship with us plus any legally required additional retention period for this category of Personal Information following conclusion of your business relationship with us or as long as business needs require, whichever is longer.

California Customer Records Personal Information

Sources: Directly from you; counterparties in a transaction; credential analysis companies; identity verification services.
For job applicants: directly from you; background check providers; recruiters; recruiting software providers.
Purpose: Provide you with our Services; communicate with you; protect and secure our environment; verify, maintain, improve, upgrade, or enhance a product or service; identify and repair errors; advertise or market to you.
For job applicants: Process your application; satisfy legal obligations.
Recipients: Affiliates; advertising networks; social networks; technology service providers; customer relationship management providers; payment processors; mobile application platforms; tag management platforms; customer support platforms; data analytics providers; marketing platforms; mobile linking platforms; counterparties in a transaction; collaboration software providers; customer engagement and communication platforms; identity verification and anti-fraud solution providers; background screening companies; mortgage process digitization providers; electronic signature and digital transaction management providers; financial services companies; web mapping platforms.
Retention: The length of your business relationship with us plus any legally required additional retention period for this category of Personal Information following conclusion of your business relationship with us or as long as business needs require, whichever is longer.

Characteristics of Protected Classifications

Sources: Directly from you; indirectly from you as you navigate or use our Services; notaries; data analytics providers; social networks; advertising networks; internet or mobile service providers; counterparties in a transaction; credential analysis companies; identity verification services.
For job applicants: directly from you; background check providers; recruiters; recruiting software providers.
Purpose: Provide you with our Services; communicate with you; protect and secure our environment; verify, maintain, improve, upgrade, or enhance a product or service; identify and repair errors; advertise or market to you; meet our legal obligations.
Recipients: Affiliates; advertising networks; social networks; technology service providers; customer relationship management providers; payment processors; mobile application platforms; tag management platforms; video sharing platforms; notaries; customer support platforms; data analytics providers; marketing platforms; mobile linking platforms; counterparties in a transaction; collaboration software providers; customer engagement and communication platforms; identity verification and anti-fraud solution providers; background screening companies; mortgage process digitization providers; electronic signature and digital transaction management providers.
Retention: The length of your business relationship with us plus any legally required additional retention period for this category of Personal Information following conclusion of your business relationship with us or as long as business needs require, whichever is longer.

Commercial Information

Sources: Directly from you; indirectly from you as you navigate or use our Services; notaries; data analytics providers; social networks; advertising networks; internet or mobile service providers; counterparties in a transaction.
Purpose: Provide you with our Services; communicate with you; protect and secure our environment; verify, maintain, improve, upgrade, or enhance a product or service; identify and repair errors; advertise or market to you; meet our legal obligations; maintain transaction records.
Recipients: Affiliates; advertising networks; social networks; technology service providers; customer relationship management providers; payment processors; mobile application platforms; tag management platforms; video sharing platforms; notaries; customer support platforms; data analytics providers; marketing platforms; mobile linking platforms; counterparties in a transaction; collaboration software providers; customer engagement and communication platforms; identity verification and anti-fraud solution providers; mortgage process digitization providers; electronic signature and digital transaction management providers; financial services companies; web mapping platforms.
Retention: The length of your business relationship with us plus any legally required additional retention period for this category of Personal Information following conclusion of your business relationship with us or as long as business needs require, whichever is longer.

Biometric Information

Sources: Directly from you; indirectly from you as you navigate or use our Services; internet or mobile service providers; credential analysis companies; identity verification services.
Purpose: Provide you with our Services; communicate with you; protect and secure our environment; verify, maintain, improve, upgrade, or enhance a product or service; identify and repair errors; meet our legal obligations; maintain transaction records.
Recipients: Affiliates; technology service providers.
Retention: The length of your business relationship with us plus any legally required additional retention period for this category of Personal Information following conclusion of your business relationship with us or as long as business needs require, whichever is longer.

Internet and Other Electronic Network Activity Information

Sources: Indirectly from you as you navigate or use our Services; data analytics providers; social networks; advertising networks; internet or mobile service providers.
Purpose: Provide you with our Services; detect security incidents; protect against malicious, deceptive, fraudulent, or illegal activity; verify, maintain, improve, upgrade, or enhance a service or device that is owned or controlled by us; identify and repair errors; advertise or marketing to you; perform analytics.
Recipients: Affiliates; advertising networks; social networks; technology service providers; customer relationship management providers; payment processors; mobile application platforms; tag management platforms; video sharing platforms; customer support platforms; data analytics providers; marketing platforms; mobile linking platforms; single sign-on providers; collaboration software providers; customer engagement and communication platforms; identity verification and anti-fraud solution providers; mortgage process digitization providers; electronic signature and digital transaction management providers; financial services companies; web mapping platforms.
Retention: The length of your business relationship with us plus any legally required additional retention period for this category of Personal Information following conclusion of your business relationship with us or as long as business needs require, whichever is longer.

Geolocation Data

Sources: Indirectly from you; devices you use to access our Services; data analytics providers; social networks; advertising networks; internet or mobile service providers.
Purpose: Provide you with our Services; protect and secure our environment; verify, maintain, improve, upgrade, or enhance a product or service; identify and repair errors; advertise or market to you.
Recipients: Advertising networks; social networks; technology service providers; customer relationship management providers; mobile application platforms; tag management platforms; video sharing platforms; customer support platforms; data analytics providers; marketing platforms; mobile linking platforms; collaboration software providers; customer engagement and communication platforms; identity verification and anti-fraud solution providers; web mapping platforms.
Retention: The length of your business relationship with us plus any legally required additional retention period for this category of Personal Information following conclusion of your business relationship with us or as long as business needs require, whichever is longer.

Sensory Data

Sources: Directly from you; indirectly from you as you navigate or use our Services; internet or mobile service providers; credential analysis companies; identity verification services.
Purpose: Provide you with our Services; communicate with you; protect and secure our environment; verify, maintain, improve, upgrade, or enhance a product or service; identify and repair errors; meet our legal obligations; maintain transaction records.
Recipients: Affiliates; technology service providers; counterparties in a transaction.
Retention: The length of your business relationship with us plus any legally required additional retention period for this category of Personal Information following conclusion of your business relationship with us or as long as business needs require, whichever is longer.

Professional or Employment-Related Information

Sources: Directly from you; notaries; data analytics providers; social networks; advertising networks; counterparties in a transaction; credential analysis companies; identity verification services.
For job applicants: directly from you; background check providers; recruiters; recruiting software providers.
Purpose: Provide you with our Services; communicate with you; protect and secure our environment; verify, maintain, improve, upgrade, or enhance a product or service; identify and repair errors; advertise or market to you.
For job applicants: Process your application.
Recipients: Affiliates; advertising networks; social networks; technology service providers; customer relationship management providers; payment processors; mobile application platforms; tag management platforms; video sharing platforms; notaries; customer support platforms; data analytics providers; marketing platforms; mobile linking platforms; counterparties in a transaction; collaboration software providers; customer engagement and communication platforms; identity verification and anti-fraud solution providers; background screening companies; mortgage process digitization providers; electronic signature and digital transaction management providers; financial services companies.
Retention: The length of your business relationship with us plus any legally required additional retention period for this category of Personal Information following conclusion of your business relationship with us or as long as business needs require, whichever is longer.
For job applicants: Barring any legally required additional retention period, up to 7 years for non-hired applicants.

Non-public Education Information (FERPA)

For job applicants: directly from you; recruiting software providers; background check providers; recruiters.
Purpose: Process your application.
Recipients: Affiliates; background screening companies; technology service providers.
Retention: Barring any legally required additional retention period, up to 7 years for non-hired applicants.

Inferences Drawn from Information to Create a Profile

Sources: Indirectly from you; devices you use to access our Services; data analytics providers; social networks; advertising networks; internet or mobile service providers.
Purpose: Provide you with our Services; advertise or market to you; perform analytics; maintain, improve, upgrade, or enhance a product or service.
Recipients: Affiliates; advertising networks; social networks; technology service providers; customer relationship management providers; mobile application platforms; tag management platforms; video sharing platforms; customer support platforms; data analytics providers; marketing platforms; mobile linking platforms; collaboration software providers; customer engagement and communication platforms; web mapping platforms.
Retention: The length of your business relationship with us plus any legally required additional retention period for this category of Personal Information following conclusion of your business relationship with us or as long as business needs require, whichever is longer.