Common use of Data Security, ID, Passwords, Signed Documents and Disclosure of Data Clause in Contracts

Data Security, ID, Passwords, Signed Documents and Disclosure of Data. Sertifi has implemented information security policies and safeguards to preserve the security, integrity, and confidentiality of Personal Data and to protect against unauthorized access and anticipated threats or hazards thereto, that meet the objectives of the Interagency Guidelines Establishing Standards for Safeguarding Customer Information as set forth in Section 501 (b) of the Xxxxx-Xxxxx-Xxxxxx Act, and the U.S.-EU Safe Harbor Framework. (a) Sertifi shall comply with reasonable industry standards precautions to not disclose Data to persons not a party to the Order Form; except (i) as convenient or necessary to perform the Services, (ii) as convenient or necessary for Sertifi’s internal record keeping, internal reporting and support purposes, (iii) to third parties bound by a confidentiality agreement to view Data only for the purpose of assessing Sertifi for a possible acquisition, (iv) a transfer of substantially all of the assets of Sertifi, and (v) as required by law, court order, subpoena, judicial or governmental administrative request or order, or to prosecute or defend the rights of Sertifi in a legal action. (b) Sertifi shall provide mechanisms to provide to Customer information on the alleged identity of the End User signing documents using the Services; such as, email address, captured IP address of End User. Notwithstanding the foregoing, Sertifi does not guaranty nor warrant the identity of any End User. Customer agrees to be solely responsible to determine the identity of the End User and to assess the risk as to the End User with whom the Customer is transacting with and under what terms and as to the trustworthiness of the other parties to its transactions. (c) Sertifi utilizes industry standard hashing methods to hash signed documents and makes those hash values available enabling customers to validate the integrity of documents signed and stored through its service. Sertifi shall not be responsible for integrity of documents, for example only and not by way of limitation, for copies stored locally or download and forwarded by Customer or Customer closes its account with Sertifi and its documents and audit trails have been deleted from the server of Sertifi and /or the storage period outlined in Section 11 below has expired. This statement of lack of responsibility shall not be construed to impose liability upon Sertifi for the integrity or encryption of documents or Signature Stamps while in the Service or on the server of Sertifi. (d) Customer acknowledges that the Service relies on e-mail notifications to alert Users of signature requests and other information. Customer agrees that Sertifi is not responsible for Users failure to receive or send e-mails.