Legal Terms Update (29 September 23)
The Legal Terms Update dated September 29, 2023, defines three incident priority levels based on business impact severity, outlines specific conditions for closing help-desk tickets depending on priority level and response timelines, and specifies that no downtime credit is given for up to 240 minutes of On-Demand Notary service unavailability per calendar month.
Legal Terms Update (29 September 23)
Last Modified Date:
September 29, 2023
Incident Priority Levels and Conditions
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 of the services (or component thereof) 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 of the significant functionality of the services (or component thereof) 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 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:
- 1.An incident resolution has been fully implemented, or
- 2.10 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 (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 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; counterparties in a transaction; credential analysis companies; identity verification services. For job applicants: directly from you; 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 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: 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; counterparties in a transaction; credential analysis companies; identity verification services. For job applicants: directly from you; 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: 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: Length of business relationship plus any legally required additional retention period or as long as business needs require, whichever is longer.
Characteristics of Protected Classifications
- Sources: Directly from you; indirectly from you as you use services; notaries; data analytics providers; social networks; advertising networks; internet/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.
- 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: 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: Length of business relationship plus any legally required additional retention period or as long as business needs require, whichever is longer.
Commercial Information
- Sources: Directly from you; indirectly from you as you use services; notaries; data analytics providers; social networks; advertising networks; internet/mobile service providers; counterparties in a transaction.
- 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: 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: Length of business relationship plus any legally required additional retention period or as long as business needs require, whichever is longer.
Biometric Information
- Sources: Directly from you; indirectly from you as you use services; internet/mobile service providers; credential analysis companies; identity verification services.
- 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: Length of business relationship plus any legally required additional retention period or as long as business needs require, whichever is longer.
Internet and Other Electronic Network Activity Information
- Sources: Indirectly from you as you use services; data analytics providers; social networks; advertising networks; internet/mobile service providers.
- Purposes: Provide services; detect security incidents; protect against malicious, deceptive, fraudulent, or illegal activity; verify, maintain, improve, upgrade, or enhance a service or device; identify and repair errors; advertise/market; 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: Length of business relationship plus any legally required additional retention period or as long as business needs require, whichever is longer.
Geolocation Data
- Sources: Indirectly from you; devices you use to access services; data analytics providers; social networks; 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 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: Length of business relationship plus any legally required additional retention period or as long as business needs require, whichever is longer.
Sensory Data
- Sources: Directly from you; indirectly from you as you use services; internet/mobile service providers; credential analysis companies; identity verification services.
- 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; counterparties in a transaction.
- Retention: Length of business relationship plus any legally required additional retention period 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.
- 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: 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: Length of business relationship plus any legally required additional retention period 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)
- 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: 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 services; data analytics providers; social networks; advertising networks; internet/mobile service providers.
- Purposes: Provide services; advertise/market; perform analytics; maintain, improve, upgrade, or enhance products/services.
- 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: Length of business relationship plus any legally required additional retention period or as long as business needs require, whichever is longer.