Legal Terms Update (29 March 2024)
The Legal Terms Update dated March 29, 2024, defines three priority levels for incident impact on service functionality, specifies conditions for help-desk ticket closure based on incident resolution and response timelines, and outlines a tiered credit system for On-Demand Notary service downtime per calendar month.
Legal Terms Update (29 March 24)
Last Modified Date:
March 29, 2024
Priority Levels and Incident Impact
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.
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.
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 the subscriber’s designated contact), and the subscriber has not responded. The incident can be reopened later if not resolved.
On-Demand Notary Availability Downtime (per calendar month)
| Cumulative Downtime (minutes) | On-Demand Notary Downtime Credit |
|---|---|
| Up to 240 | No credit |
| 241-360 | 1% |
| 361-480 | 3% |
| 481-600 | 5% |
| 601 or greater | 7% |
Platform Availability Percentage (per calendar month)
| Platform Availability | Platform Downtime Credit |
|---|---|
| 99.9% or higher | No 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)
For each category of personal information, the following details are provided:
- Source(s) of collection
- Business or commercial purpose(s) for collection/use
- Third parties, service providers, and contractors receiving the information
- Retention period
Personal Identifiers
- Sources: Directly from you; indirectly from you as you use services; notaries; data analytics providers; social networks; advertising networks; internet/mobile service providers; transaction counterparties; credential analysis companies; identity verification services. For job applicants: background check providers; recruiters; recruiting software providers.
- Purposes: Provide services; communicate; protect and secure environment; verify, maintain, improve, upgrade, or enhance products/services; identify and repair errors; advertise/market. For job applicants: assess application; satisfy legal obligations.
- Recipients: Affiliates; advertising/social networks; technology service providers; CRM providers; payment processors; mobile app platforms; tag management; video sharing; notaries; customer support; data analytics; marketing; mobile linking; transaction counterparties; SSO providers; collaboration software; customer engagement/communication; identity verification/anti-fraud; background screening; mortgage process digitization; electronic signature/digital transaction management; financial services; web mapping.
- Retention: Length of business relationship plus any legally required additional retention period or as long as business needs require, whichever is longer.
California Customer Records Personal Information
- Sources: Directly from you; transaction counterparties; credential analysis; identity verification. For job applicants: background check providers; recruiters; recruiting software providers.
- Purposes: Provide services; communicate; protect and secure environment; verify, maintain, improve, upgrade, or enhance products/services; identify and repair errors; advertise/market. For job applicants: process application; satisfy legal obligations.
- Recipients: Same as above.
- Retention: Same as above.
Characteristics of Protected Classifications
- Sources: Directly/indirectly from you; notaries; data analytics; social/advertising networks; internet/mobile service providers; transaction counterparties; credential analysis; identity verification. For job applicants: background check providers; recruiters; recruiting software providers.
- Purposes: Provide services; communicate; protect and secure environment; verify, maintain, improve, upgrade, or enhance products/services; identify and repair errors; advertise/market; meet legal obligations.
- Recipients: Same as above.
- Retention: Same as above.
Commercial Information
- Sources: Directly/indirectly from you; notaries; data analytics; social/advertising networks; internet/mobile service providers; transaction counterparties.
- Purposes: Provide services; communicate; protect and secure environment; verify, maintain, improve, upgrade, or enhance products/services; identify and repair errors; advertise/market; meet legal obligations; maintain transaction records.
- Recipients: Same as above.
- Retention: Same as above.
Biometric Information
- Sources: Directly/indirectly from you; internet/mobile service providers; credential analysis; identity verification.
- Purposes: Provide services; communicate; protect and secure environment; verify, maintain, improve, upgrade, or enhance products/services; identify and 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; internet/mobile service providers.
- Purposes: Provide services; detect security incidents; protect against malicious/deceptive/fraudulent/illegal activity; verify, maintain, improve, upgrade, or enhance services/devices; identify and repair errors; advertise/market; perform analytics.
- Recipients: Same as above.
- Retention: Same as above.
Geolocation Data
- Sources: Indirectly from you; your devices; data analytics; social/advertising networks; internet/mobile service providers.
- Purposes: Provide services; protect and secure environment; verify, maintain, improve, upgrade, or enhance products/services; identify and repair errors; advertise/market.
- Recipients: Advertising/social networks; technology service providers; CRM providers; mobile app platforms; tag management; video sharing; customer support; data analytics; marketing; mobile linking; collaboration software; customer engagement/communication; identity verification/anti-fraud; web mapping.
- Retention: Same as above.
Sensory Data
- Sources: Directly/indirectly from you; internet/mobile service providers; credential analysis; identity verification.
- Purposes: Provide services; communicate; protect and secure environment; verify, maintain, improve, upgrade, or enhance products/services; identify and repair errors; meet legal obligations; maintain transaction records.
- Recipients: Affiliates; technology service providers; transaction counterparties.
- Retention: Same as above.
Professional or Employment-Related Information
- Sources: Directly from you; notaries; data analytics; social/advertising networks; transaction counterparties; credential analysis; identity verification. For job applicants: background check providers; recruiters; recruiting software providers.
- Purposes: Provide services; communicate; protect and secure environment; verify, maintain, improve, upgrade, or enhance products/services; identify and repair errors; advertise/market. For job applicants: process application.
- Recipients: Same as above.
- 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 providers; background check providers; recruiters.
- Purposes: For job applicants: process 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; internet/mobile service providers.
- Purposes: Provide services; advertise/market; perform analytics; maintain, improve, upgrade, or enhance products/services.
- Recipients: Affiliates; advertising/social networks; technology service providers; CRM providers; mobile app platforms; tag management; video sharing; customer support; data analytics; marketing; mobile linking; collaboration software; customer engagement/communication; web mapping.
- Retention: Same as above.