Your Privacy is Important

WaiverSign Privacy Policy

Dated:  March 16, 2013

Resmark Systems, Inc. dba WaiverSign (“WaiverSign,” “we” or “us”) takes the responsibility of protecting your privacy very seriously. For this reason, we have created this Privacy Policy to help you understand how we collect, use and protect the information we obtain through our website www.waiversign.com (“Site”). By visiting this website or using any of our services including the WaiverSign electronic signature service (“WaiverSign Service”), you agree to be bound by the terms and conditions of this Privacy Policy. This policy may change from time to time so we recommend that you check it regularly. Your continued use of this website after the posting of any changes will constitute your acceptance of those changes.

Information We Collect and How We Use It
We use your personal information for such purposes as to provide the services and products that you request from us, communicate with you, enhance your experience on our website, help transmit documents through the WaiverSign electronic signature service, resolve issues, detect and safeguard us from fraud and illegal activity, and enforce our policies.

Information You Choose to Give Us:  We receive and store any information you enter on our website or give us by phone, email or in any other way. On our website, you may request information, subscribe to our newsletter, purchase our products and services,  use the WaiverSign Service to process and sign electronic contracts, participate in our contests and surveys, post comments on our Site, and use any other services we provide. To take advantage of these offerings, it is necessary for you to disclose personal information (referred to as “personal information,” “personally identifiable information,” and “your information”) to us, including but not limited to one or more of the following identifying information: name, age, address, telephone number, email address, credit card details, and billing information. We use the information you provide to respond to your requests, communicate with you, provide information about our company and services (including the Resmark reservation system and other Resmark Systems, Inc. services), provide promotional material from some of our partners, and customize and improve our services.  

To use certain services such as the WaiverSign Service and under certain circumstances, you may be required to provide additional information so that you can be verified, including but not limited to your name, address, the last 4 digits of your social security number, and the last 4 digits of your driver’s license number (“Verification Information”). To purchase our goods or services, you must submit financial information, including credit card, debit card, or bank account (“ACH”) information in addition to certain personal information, which we use to bill you for the purchased goods or services. We may also use this financial information to verify the accuracy of your name, address or other information.  

Your personal information may also exist in documents that are submitted by our WaiverSign Service customers for signing but we do not review the contents of those documents. (WaiverSign Service customers are also identified as “Account Owners,” “Account Administrators” and “Authorized Users” in this Privacy Policy.) If you electronically sign a document through the WaiverSign Service, your name, IP address, a date and time stamp of when the electronic signature was created, a unique identification number and your Verification Information, if any, will be preserved on the document.

If you provide a testimonial, we may post your testimonial along with your personal information on our website. We will obtain your consent by email before posting your testimonial. You may request the removal of your testimonial by contacting us as specified in the “contact us” section of the Privacy Policy.

Information We Automatically Receive From Our Website:   We automatically receive and store certain types of information whenever you visit our website. Like many websites, we use cookies, which allow us to automatically collect certain types of information when your Web browser accesses our website or when you view advertisements and other content served by us or on our behalf on other websites. See the “More About Cookies” section below for more information about cookies.

These are some examples of the types of information that we automatically collect:  the Internet protocol (IP address) that is used to connect your computer to the Internet, your Internet service provider (ISP), browser type, the full Uniform Resource Locator (URL) clickstream to, through, and from our website, including date and time, cookie, the length of time you spend on particular pages, which links you click while on our site, and similar site visit information.  

We use this information to make our website easier to find on the Internet and to improve our website by learning which pages and features are interesting to our visitors. We treat this information as non-personal information and do not attempt to connect it to personally identifiable information, except 1) if you sign a document electronically through the WaiverSign Service, as stated above, your name, IP address, and timestamp of when the electronic signature was created as well as a unique identification number will be preserved together on the document, and 2) as otherwise required by law.

In addition, when a document is electronically signed through the WaiverSign Service (“electronic contract”), the electronic contract will be kept until it is automatically purged thirty days after the date of account termination. (The electronic contract may be kept longer if required by law, including a subpoena or court order.)  We will retain the audit log for each for each electronic contract indefinitely. The audit log contains the following information:  1) IP address of the signatory, 2) a date and time stamp of when the electronic signature was created, 3) a unique document identification number, and 4) name of the signatory.

Information from Others:  For some of our services such as the WaiverSign electronic signature service, you must login to the service using your Google email account. We receive information from Google through the login process, including your name, Google email address, Google account identifier, and any information you choose to have Google share with us. In addition, customers may use one of our APIs to enable the Resmark reservation system, which we own, or a third-party system that they control communicate with the WaiverSign Service to process documents. Your personal information may be shared between us, the Resmark reservation system, and third parties through these APIs.

More About Cookies
Cookies are alphanumeric identifiers that are placed on your computer’s hard drive that help us provide our services. Cookies allow us to recognize your device, make navigating our site easier, provide certain features such as data access control and user permission validation and provide personalized advertisements about our services on other websites.  Most browsers automatically accept all cookies by default. You should be able to adjust your browser’s settings to reject new cookies, prompt you before accepting a cookie, or disable cookies. Check your browser’s help section for instructions on how to do this. By disabling cookies, you may not be able to access certain features and portions of the Site.  

The use of cookies by our partners and affiliates is also covered by this Privacy Policy. We do not have access or control over these third-party cookies.

If you use the WaiverSign electronic signature service to submit documents for signing, we will store these documents in your account and make the documents available only to persons whom you invite to view or sign the documents.  

Sharing Your Information
As described above, we need your information to provide certain features and services.  We are not, however, in the business of renting or selling your information to others. We share your information with third parties only as described in this Privacy Policy.  

Account Owners and Third-Party Reservation/Customer Management System: As stated above in the paragraph titled “Information from Others,” if you sign a document through the WaiverSign Service, your personal information may be shared between us, the Resmark reservation system and third parties through our APIs. In addition, the Authorized User who submits a document to you for signature will receive any information you provide to electronically sign the document, including personal information such as your name, contact information, IP address, date and timestamp of when the electronic signature was created, and Verification Information. All users associated with the Authorized User’s account, including the Account Owner, Account Administrator and other Authorized Users on account, will receive the information that you provide. We have no control over and are not responsible for the privacy practices or policies of these customers who submit documents for processing through the WaiverSign service. These customers may or may not have a privacy policy.

Third-Party Service Providers:   We employ and use other companies and persons to perform certain business functions on our behalf, including but not limited to website development and maintenance, marketing, customer service, accounting and payment processing. These third parties have access to user information needed to perform their functions, but they may not use it for any other purposes. We also use Google Cloud Storage to store data, including documents, that is collected as part of the WaiverSign Service. As stated above, you must also log in to the WaiverSign electronic signature service using your Google email account. As such, your information, data and documents, are stored with Google. The information that Google collects and stores is governed by Google’s Privacy Policy.

Business Transfers:  As our business continues to develop, your information may be sold to any successor to or purchaser of part or all of the assets of our business. Business assets typically include customer information. In the event of a sale, acquisition or sale of all or a portion of our assets, we will notify you by email if you have provided it to us and/or a notice on our website.  

Aggregated Demographic Information:   We may share aggregated demographic information with third parties. We do not link this aggregated information to any personal information that can identify your or any other person and, thus, do not disclose any personal information in this manner.

Legal Purposes:  We may disclose your information if required to do so pursuant to judicial or governmental subpoenas, warrants, and orders, or as otherwise required by law. In addition, we retain the right to use, disclose and/or share your personal and non-personal information to investigate, prevent or take action regarding illegal activities, suspected fraud, and situations involving potential threats to the physical safety of any person whether or not there is a subpoena, court order or substantially similar legal procedure.

With Your Permission:  For situations other than those described in this Privacy Policy, we will notify you when personally identifiable information might be disclosed to a third party and you can opt-out of sharing your information. unless prohibited by law or court order.

Links to Third-Party Websites, Third-Party Advertisers and Google Analytics
This website contains links to third-party websites that are not owned by or affiliated with us. These links do not constitute an endorsement of the linked websites or the products and/or services offered on those websites. We have no control over and are not responsible for the privacy practices or the content of such sites. These websites may or may not have a privacy policy. This Privacy Policy applies only to our website and not to any third-party websites to which it links. We encourage our users to contact those sites directly about their privacy practices.  

WaiverSign uses Remarketing with Google Analytics and other third-party vendors and ad networks to advertise online. This means that third-party vendors, including Google, show WaiverSign ads on sites across the Internet. WaiverSign and its third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize and serve ads to you based on your past visits to our website. You may read more about the DoubleClick cookie on the Google Adsense Help Page. You may opt out of the DoubleClick cookie by visiting the Google advertising opt-out pages. You may opt out of Google’s use of cookies and customize Google Display Network ads by visiting the Google Ads Preferences Manager. Alternatively, you may opt of a third-party vendor’s use of cookies to serve you targeted ads by visiting the Network Advertising Initiative opt-out page at the Digital Advertising Alliance.

We also use Google Analytics, which is a web analytics tools that helps us understand how visitors use our website. Google Analytics collects our visitors’ IP addresses to give us a sense of where in the world our visitors come from. The add-on communicates with the Google Analytics JavaScript (ga.js) to indicate that information about the website visit should not be sent to Google Analytics. The Google Analytics Opt-out Browser Add-on does not prevent information from being sent to our website or to other web analytics services. If you wish not to have send information about your website visit to Google Analytics, download and install the Google Analytics Opt-Out Browser Add-On for your current web browser.

Security
We have implemented commercially reasonable steps to maintain the security of the information under our control. We adhere to national and international security standards that are designed to protect customer data, including secure sockets layer software and OAuth 2.0. Storage of customer data is provided through third-party services such as Google Cloud Storage. Your data may be processed and stored in the United States or any other country in which these third parties and their agents maintain facilities. By using the Service, you consent to this processing and storing of your data. We also use the HTTPS security protocol to protect information that is transmitted to your web browser. In the event of any data breach, WaiverSign will promptly respond and notify customers.

Your Use of Document Recipient’s Information
If you are a WaiverSign Account Owner, Account Administrator or Authorized User, you may have access to all information that a recipient of a document provides to sign a document electronically through your account, including any Verification and other personal Information (“Recipient Information”). By using the WaiverSign Service, you agree that you will use Recipient Information only for using the electronic signature services through WaiverSign (e.g., sending, signing and confirming receipt of contracts), WaiverSign-related communications, and for any other purpose that a user expressly permits. You must give recipients the ability to withdraw consent electronically, and you may not disclose Recipients’s Information to any third party without our consent and the consent of the relevant user.  

Your Choices
You can always choose not to give us your personally identifiable information, although this information is required if you want to take advantage of some of our services such as the WaiverSign Service or subscribing to our newsletter.

Most browsers automatically accept all cookies by default. You should be able to adjust your browser’s settings to reject new cookies, prompt you before accepting a cookie, or disable cookies. Check your browser’s help section for instructions on how to do this.

You may opt-out of receiving emails or other communications from us and our partners at the point where we ask whether you would like to receive such communications.  

You may a) unsubscribe from our newsletters and other mailing lists, b) request that your personally identifiable information, be removed from our database so that you no longer receive our communications or our service, or c) terminate your account. If you request that your personally identifiable information be removed from our database, please understand that it may be impossible to remove this information completely due to backups and records of deletions. Further, we will not be able to 1) remove any personal information that was included on a document submitted through the WaiverSign Service, 2) delete documents submitted through the WaiverSign Service, 3) delete audit logs; or 4) delete information that we are required to retain by law (for instance, tax purposes, notices, etc.).  

If you wish to unsubscribe from our newsletters, please use the “unsubscribe” link within the email. If you wish to unsubscribe from any direct mail list or remove or amend your personally identifiable information from our database, contact us using the information provided in the “Contact Us” section of this Privacy Policy. You will be removed from our databases usually within 14 business days of our receipt of your request, except where we are required to maintain the personal information by law.  

If you wish to terminate your account, please contact us using the information provided in the “Contact Us” section of the Privacy Policy. We will terminate your account as soon as reasonably possible based on your Service Plan and subject to our Terms of Service and applicable law. We will terminate your account and remove your contact information, billing and shipping information, and financial details from our current databases.  

We may take reasonable steps to confirm your identity before fulfilling any of the requests described in this section. If we are unable to confirm your identity, we will not be able to remove your personal information or terminate your account. Note that if you opt-out of our marketing materials but you purchased a product or service from us, you will continue to receive communications from us about your specific purchase. Further, if third parties already have your information, you will have to contact them directly to opt-out of their marketing communications.

Information Collected by Third Parties
If you disclose information to third parties through our site or services or follow links to other sites, that information will be subject to the policies and practices of those third parties, which may be different than ours. Those third parties may or may not have a privacy policy. We do not control and are not responsible for the privacy policies and/or practices of third parties.  

Your Account and Password
You are responsible for the security of your account and for any use of your account by you or third persons. As such, it is imperative that you keep your account login information confidential, including your password. If your password has been compromised, you should change it immediately to protect your personal information and your account from abuse.

Children
Our website is not directed to children under 18, and we do not offer products or services for use by children. If you are under 18, you may not provide us with any personally identifiable information and you may not use our website without the supervision of a parent or guardian. If a child under the age of 18 has provided us with personally identifiable information, the child’s parent or guardian may contact us and request that such information be deleted from our records.  

Spam
We have a strict no spam policy. You are not licensed to send any communications through our service that would qualify as spam, including unsolicited mass mailings outside your organization, and any communications in any form to another WaiverSign Service user without their express written consent.

Notice to International Users
Our website is hosted in the United States and the data we collect is stored in the United States.  If you are accessing our website from the European Union (“EU”) or elsewhere, be aware that you are transferring your personal data to the United States, which does not have the same personal data protection laws as the EU and other regions. That being said, we take steps to ensure that your privacy is protected as described in this policy. By using our website, you consent to have your personal information used and transferred to the United States as set forth in this policy.

Changes to Privacy Policy
As stated above, this policy may change from time to time so we recommend that you check it regularly. Your continued use of our website after the posting of any changes will constitute your acceptance of those changes. If we are going to use any personally identifiable information in a manner that is materially less restrictive from that stated in our Privacy Policy at the time we collected such information, we will either attempt to obtain your consent before implementing the change or, in the absence of your consent, the new policy will not apply to information collected prior to the change.

Applicable Law and Choice of Forum
These Privacy Policy is governed by the laws of the State of Utah, USA. All matters arising out of these Terms shall be resolved exclusively by the state and federal courts located in Salt Lake City, Utah. For this purpose, each party consents to personal jurisdiction in such state or federal court and waives any right to dismiss or transfer such action or proceeding because of the inconvenience of the forum. Nothing in this section shall prevent enforcement in another forum of any judgment obtained in a court identified in this paragraph.

Contact Us
To contact us, please use the methods located on our Contact Us page.

You may also write to us at:

WaiverSign
7258 Racquet Club Dr.
Salt Lake City, UT 84121
Phone: 801-733-5362
www.waiversign.com

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