In-House Notary Supplement

The In-House Notary Supplement, incorporated into the Proof General Terms, governs Subscribers' use of the Platform by In-House Notaries for notarizations related to Transactions, requiring Subscribers to grant limited access to In-House Notaries who must comply with registration, agree to terms, and provide updated Compliance Documentation including training, bonding, commissions, eNotary approvals, insurance, and digital certificates as mandated by Proof or applicable laws.

This In-House Notary Supplement is attached to and incorporated into the Proof General Terms (“General Terms”). Capitalized terms not otherwise defined have the meanings given in the General Terms, the Proof Glossary, or the Order Form.

1. Applicability

This In-House Notary Supplement applies to Subscribers who procure Notarizations and related services from In-House Notaries through the Platform in connection with a Transaction.

2. In-House Notary Access

In addition to Subscriber’s access rights under Section 2 (Access) of the Subscriber Supplement, during the Subscription Period Subscriber may allow In-House Notaries to access and use the Platform in connection with Notarize via In-House Notary included in Subscriber’s Subscription Plan on a non-exclusive, non-transferable, limited basis, solely in connection with a Transaction, for the Subscriber’s own internal business purposes. Subscriber is responsible for ensuring that In-House Notaries comply with the Agreement.

3. Compliance

Prior to allowing an In-House Notary to access the Platform, Subscriber will ensure that the In-House Notary has:

Agreed to the General Terms and Notary User Supplement by registering an Account ID
Provided updated copies of any Compliance Documentation Proof reasonably requires

Compliance Documentation means an In-House Notary’s:

1.Proof of completion of training required by Proof or Applicable Notary Law
2.Proof of sufficient bond if required by Applicable Notary Law
3.Proof of a traditional commission as required by Applicable Notary Law
4.Proof of eNotary approval (or online/remote online notary approval) if required by Applicable Notary Law
5.Proof of sufficient E&O insurance if required by Proof or Applicable Notary Law
6.A compliant Digital Certificate authorized by Proof
7.Any other documentation that Proof reasonably requires to ensure the Notary or Platform complies with legal and compliance requirements

Proof may update Compliance Documentation requirements with reasonable advance notice to Subscriber. In addition, Subscriber will ensure that In-House Notaries observe and act in accordance with Proof’s rules and policies to ensure legal and regulatory compliance of the Platform and the integrity of notarial and other acts facilitated by the Platform. Subscriber is responsible for the acts and omissions of In-House Notaries who access the Platform in connection with Subscriber Services.

4. Representations and Warranties

Subscriber represents and warrants that In-House Notaries are duly commissioned Notaries.

5. Fees Not Billable To Subscriber’s Customers

Subscriber acknowledges that Notarize via In-House Notary Fees are technology fees, not fees for Notarization services. If Subscriber passes the cost of Notarize via In-House Notary on to a customer, then:

Notarize via In-House Notary Fees will not be billed to the customer as a standalone line item
Any related documentation Subscriber provides to the customer must not show Proof as a payee

It is Subscriber’s duty to understand Applicable Notary Law, including fees that may be charged for Notarizations.

6. Survival

The following Sections of this In-House Notary Supplement survive termination of the Agreement: 5 (Fees Not Billable to Subscriber’s Customers).

Incident Priority Levels

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 Availability Downtime Credits

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 and Downtime Credits

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 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

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

Inferences Drawn from Any of the Information Identified Above

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.