Legal Terms Update (16 December 2024)
The Legal Terms Update dated December 16, 2024, defines incident priority levels based on business impact, specifies conditions for help-desk ticket closure, outlines credit percentages for On-Demand Notary and Platform availability downtime per calendar month, and includes incident priority response times.
Legal Terms Update (16 December 24)
Last Modified Date:
December 16, 2024
Priority Levels and Incident Impact
Priority 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 is available.
Priority Level 2: Significant Business Impact
- The incident partially affects the functionality of the Services (or component thereof), but can be circumvented so that most significant functionality is available.
Priority 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 is insignificant and has no significant effect on usability.
Conditions for Closure of Help-Desk Ticket
- Level 1: Incident is resolved and closed when an Incident Resolution has been fully implemented.
- Level 2: Incident is resolved and closed when an Incident Resolution has been fully implemented.
- Level 3: Incident is resolved and closed when either (i) an Incident Resolution has been fully implemented, or (ii) 10 business days have elapsed since Proof’s communication of information reasonably believed to resolve the Incident (communicated by email to Subscriber’s designated contact), and Subscriber has not responded. The Incident can be reopened later if not resolved.
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 (Business Hours) | Provision of Incident Resolution or Interim Process | If Interim Process Provided, Max Timeframe for Resolution |
|---|---|---|---|
| Level 1 | 1 hour | 8 hours | 36 hours |
| Level 2 | 4 hours | 24 hours | 5 days |
Personal Information Categories (Cal.Civ. Code § 1798.140)
Personal Identifiers
- Sources: Directly/indirectly from you, notaries, data analytics, social/advertising networks, service providers, counterparties, credential analysis, identity verification, etc.
- Purposes: Provide services, communicate, protect security, verify/maintain/improve/enhance products, identify/repair errors, advertise/market, assess job applications, satisfy legal obligations.
- Recipients: Affiliates, advertising/social networks, technology/service providers, payment processors, notaries, customer support, analytics, marketing, identity verification, background screening, mortgage digitization, e-signature, financial services, mapping platforms.
- Retention: Length of business relationship plus any legally required additional period or as long as business needs require, whichever is longer.
California Customer Records Personal Information
- Sources: Directly from you, counterparties, credential analysis, identity verification, background check providers, recruiters, recruiting software.
- Purposes: Provide services, communicate, protect security, verify/maintain/improve/enhance products, identify/repair errors, advertise/market, process job applications, satisfy legal obligations.
- Recipients: Affiliates, advertising/social networks, technology/service providers, payment processors, notaries, customer support, analytics, marketing, identity verification, background screening, mortgage digitization, e-signature, financial services, mapping platforms.
- Retention: Same as above.
Characteristics of Protected Classifications
- Sources: Directly/indirectly from you, notaries, data analytics, social/advertising networks, service providers, counterparties, credential analysis, identity verification, background check providers, recruiters, recruiting software.
- Purposes: Provide services, communicate, protect security, verify/maintain/improve/enhance products, identify/repair errors, advertise/market, meet legal obligations.
- Recipients: Affiliates, advertising/social networks, technology/service providers, payment processors, notaries, customer support, analytics, marketing, identity verification, background screening, mortgage digitization, e-signature, financial services, mapping platforms.
- Retention: Same as above.
Commercial Information
- Sources: Directly/indirectly from you, notaries, data analytics, social/advertising networks, service providers, counterparties.
- Purposes: Provide services, communicate, protect security, verify/maintain/improve/enhance products, identify/repair errors, advertise/market, meet legal obligations, maintain transaction records.
- Recipients: Affiliates, advertising/social networks, technology/service providers, payment processors, notaries, customer support, analytics, marketing, identity verification, mortgage digitization, e-signature, financial services, mapping platforms.
- Retention: Same as above.
Biometric Information
- Sources: Directly/indirectly from you, service providers, credential analysis, identity verification.
- Purposes: Provide services, communicate, protect security, verify/maintain/improve/enhance products, identify/repair errors, meet legal obligations, maintain transaction records.
- Recipients: Affiliates, technology service providers.
- Retention: Same as above.
Internet and Other Electronic Network Activity Information
- Sources: Indirectly from you, data analytics, social/advertising networks, service providers.
- Purposes: Provide services, detect security incidents, protect against malicious activity, verify/maintain/improve/enhance services, identify/repair errors, advertise/market, perform analytics.
- Recipients: Affiliates, advertising/social networks, technology/service providers, payment processors, customer support, analytics, marketing, identity verification, mortgage digitization, e-signature, financial services, mapping platforms.
- Retention: Same as above.
Geolocation Data
- Sources: Indirectly from you, your devices, data analytics, social/advertising networks, service providers.
- Purposes: Provide services, protect security, verify/maintain/improve/enhance products, identify/repair errors, advertise/market.
- Recipients: Advertising/social networks, technology/service providers, customer support, analytics, marketing, identity verification, mapping platforms.
- Retention: Same as above.
Sensory Data
- Sources: Directly/indirectly from you, service providers, credential analysis, identity verification.
- Purposes: Provide services, communicate, protect security, verify/maintain/improve/enhance products, identify/repair errors, meet legal obligations, maintain transaction records.
- Recipients: Affiliates, technology service providers, counterparties.
- Retention: Same as above.
Professional or Employment-Related Information
- Sources: Directly from you, notaries, data analytics, social/advertising networks, counterparties, credential analysis, identity verification, background check providers, recruiters, recruiting software.
- Purposes: Provide services, communicate, protect security, verify/maintain/improve/enhance products, identify/repair errors, advertise/market, process job applications.
- Recipients: Affiliates, advertising/social networks, technology/service providers, payment processors, notaries, customer support, analytics, marketing, identity verification, background screening, mortgage digitization, e-signature, financial services.
- Retention: Same as above. For job applicants: up to 7 years for non-hired applicants, barring any legally required additional retention period.
Non-Public Education Information (FERPA)
- Sources: For job applicants: directly from you, recruiting software, background check providers, recruiters.
- Purposes: Process your application.
- Recipients: Affiliates, background screening companies, technology service providers.
- Retention: For job applicants: up to 7 years for non-hired applicants, barring any legally required additional retention period.
Inferences Drawn from Information to Create a Profile
- Sources: Indirectly from you, your devices, data analytics, social/advertising networks, service providers.
- Purposes: Provide services, advertise/market, perform analytics, maintain/improve/enhance products.
- Recipients: Affiliates, advertising/social networks, technology/service providers, customer support, analytics, marketing, mapping platforms.
- Retention: Same as above.
Related
Proof Legal Glossary
The Proof Legal Glossary, last updated June 19, 2026, defines key terms related to Proof's digital notarization and certification services, including fees, legal entities, API access, electronic signature laws, notary regulations, business definitions, service capacities, and specific platform features like Certify and Close for securing digital content and conducting real estate transactions remotely.
Proof Security Statement
Proof's Security Statement, last updated January 22, 2024, details that Proof implements and maintains comprehensive technical, physical, and organizational security measures compliant with multiple rigorous frameworks—including AICPA Trust Services Criteria (SOC2), NIST SP 800-53 Rev 5 at moderate level, WebTrust, Massachusetts CMR 17.00, and PCI DSS via third-party processors—and meets additional legal requirements such as HIPAA and FERPA, all validated through annual audits and assessments to protect user data from unauthorized access, disclosure, alteration, loss, or destruction.
Data Processing Addendum
The Data Processing Addendum (DPA), effective June 19, 2026, supplements the Proof General Terms by defining roles, terms, and obligations related to personal information processing between Proof (Provider) and its corporate clients (Business), replacing prior supplements and applying to all users and services under the agreement.
Technical Account Manager Service Description
The Technical Account Manager (TAM) Service provides Subscribers with a dedicated, trained Proof specialist who understands their unique account and business processes to proactively monitor and manage technical health, swiftly resolve escalated issues, support lifecycle changes, and serve as a direct liaison to Proof product experts, ensuring minimized risk and maximized uptime under the governance of Proof's General Terms.
Legal Terms Update (30 September 2025)
The Legal Terms Update effective 30 September 2025 defines three priority levels for incident impact and resolution criteria, specifies conditions for help-desk ticket closure based on incident severity and response timelines, and outlines a tiered credit system for On-Demand Notary and Platform Availability downtime measured monthly.
Acceptable Use Supplement
The Acceptable Use Supplement, effective June 19, 2026, governs users of Proof's identity verification and fraud-prevention services by clarifying that users are solely responsible for interpreting risk scores and fraud indicators, prohibits use of the services for Fair Credit Reporting Act (FCRA) purposes or as consumer reports since Proof is not a Consumer Reporting Agency, and replaces the prior Defend Supplement within the Proof agreement framework.