Legal Terms Update (March 26, 2025)
The March 26, 2025 legal terms update defines incident priority levels from critical to minimal business impact with corresponding help-desk ticket closure conditions, specifies downtime credit percentages based on on-demand notary and platform availability, and outlines incident response times including acknowledgement and resolution provisions.
Legal Terms Update (26 March 25)
Last Modified Date: March 26, 2025
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 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 considered 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 Credits (per calendar month)
- Up to 240 minutes: No credit
- 241–360 minutes: 1%
- 361–480 minutes: 3%
- 481–600 minutes: 5%
- 601 minutes or greater: 7%
Platform Availability Percentage and Downtime Credits (per calendar month)
- 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)
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, customer support, analytics, marketing, notaries, background screening, mortgage/financial services, etc.
- Retention: Duration of business relationship plus any legally required 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, recruiters.
- 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, customer support, analytics, marketing, notaries, background screening, mortgage/financial services, etc.
- Retention: Duration of business relationship plus any legally required period or as long as business needs require, whichever is longer.
Characteristics of Protected Classifications
- Sources: Directly/indirectly from you, notaries, data analytics, social/advertising networks, service providers, credential analysis, identity verification, background check, recruiters.
- 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, customer support, analytics, marketing, notaries, background screening, mortgage/financial services, etc.
- Retention: Duration of business relationship plus any legally required period or as long as business needs require, whichever is longer.
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, customer support, analytics, marketing, notaries, mortgage/financial services, etc.
- Retention: Duration of business relationship plus any legally required period or as long as business needs require, whichever is longer.
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: Duration of business relationship plus any legally required period or as long as business needs require, whichever is longer.
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, mortgage/financial services, etc.
- Retention: Duration of business relationship plus any legally required period or as long as business needs require, whichever is longer.
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, etc.
- Retention: Duration of business relationship plus any legally required period or as long as business needs require, whichever is longer.
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: Duration of business relationship plus any legally required period or as long as business needs require, whichever is longer.
Professional or Employment-Related Information
- Sources: Directly from you, notaries, data analytics, social/advertising networks, counterparties, credential analysis, identity verification, background check, recruiters.
- 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, customer support, analytics, marketing, notaries, background screening, mortgage/financial services, etc.
- Retention: Duration of business relationship plus any legally required period or as long as business needs require, whichever is longer. 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, recruiters.
- Purposes: Process your application.
- Recipients: Affiliates, background screening, 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, etc.
- Retention: Duration of business relationship plus any legally required period or as long as business needs require, whichever is longer.
Related
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.
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.
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.
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.
Template Service Description
The Template Service is a value-added offering governed by Proof's General Terms that automates transaction preparation by using subscriber-provided, sanitized, first-generation or searchable PDF sample documents to create standardized, automatically tagged templates, with subscriber collaboration and quality testing to ensure timely and minimal human interaction in document processing.
Legal Terms Archive
The Legal Terms Archive lists various updated legal documents from 2024 to 2026, including supplements and policies, while the Incident Priority Levels define three tiers of business impact with corresponding conditions for help-desk ticket closure based on resolution implementation or elapsed time.