WaiverSign Privacy Policy

Dated: October 2, 2024

Resmark Systems, LLC. (“Resmark Systems, dba "WaiverSign ” “we” or “us”) operates this website, the Resmark software, and the WaiverSign electronic signature service (collectively, the “Service”). We take the responsibility of protecting your privacy very seriously. This Privacy Policy will help you understand how we collect, use, and protect the information we obtain through our websites www.waiversign.com, www.resmarksystems.com and www.resmarkweb.com (“Sites”) and the Service. This Privacy Policy only applies to information that we collect through the Sites and the Service and not to any other services or websites that we provide. By visiting the Sites or using any of our Services, 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 to provide better services to you, including to provide the services and products that you request from us or that may be of interest to you, communicate with you, enhance and customize your experience on the Site and with the Service, resolve issues, detect and safeguard us from fraud and illegal activity, and enforce our policies.

• Information You Choose to Give Us Directly: 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, request a free trial and demonstration, view our videos, purchase our products and services, participate in our surveys, read our blogs, post comments and reviews on our Site, use the WaiverSign service to process and sign electronic signatures, participate in our contests and surveys, and use any other services we provide. To take advantage of these offerings, it is necessary for you to disclose personal information to us, including but not limited to one or more of the following identifying information: name, company name, age, address, telephone number, email address, birthdate, and billing information (referred to as “personal information,” “personally identifiable information,” and “your information”). We use the information you provide to respond to your requests, communicate with you, provide information about our company and services, provide promotional material from some of our partners, and customize and improve our services.

If you provide us with information about another person, you confirm that they have authorized you to act for them, that they have consented to the processing of their personal data, including sensitive personal data, and that you have informed them of our identity and the purposes for which their personal data will be processed.

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. We do not, however, store your entire credit card number. Instead, we keep the last four digits of your credit card, debit card, or electronic card number and payment type for reference.

To use certain services such as the WaiverSign Service, under certain circumstances such as in the case of a Parent or Guardian signing on behalf of a minor participant, 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”).

If you provide a review or testimonial, we may post your review or testimonial along with your personal information on our website. You may request the removal of your review or testimonial by contacting us as specified in the “contact us” section of the Privacy Policy.

Note About WaiverSign: Your personal information may also exist in documents that are submitted for signing through the WaiverSign service or feature, 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, 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.

• Information You Choose to Give to Us through Third Parties Who Use the Service: We collect your information, including personal and financial information, from third-party partners, including travel agencies and tour operators, using the Resmark tour operator software and reservation system. In addition to the uses described in this policy, we use the information collected to book or reserve the travel-related services and products you request, create reports, send travel reminders and information, customize communications with you, and create a profile of your interests and preferences based on the products and services you view or purchase, as well as any interests and preferences you expressly state. We share this information, including your interest and preference profile, with the third party who provided your information. Through the Service, you may engage in a variety of activities such as invite friends to travel your itinerary, share images and videos on social media sites, rate tours, and create and share reviews. We also collect any other information that our third parties who use the Service share with us, including but not limited to supplier details and contact information, itinerary information, and product information.
  
  
• Information We Automatically Receive From Our Website: We automatically receive and store certain types of information whenever you visit our Site. Like many websites, we may 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.

Note About WaiverSign: When a document is electronically signed through the WaiverSign Service (“electronic contract”), the electronic contract may be 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.

These are some examples of the types of information that we may automatically collect through the use of cookies: 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.

• Information from Others: We also store data that others input into our forms or software; otherwise, the Service would not work, but we do not share information that we receive from one customer with another apart from the sharing that is described in this policy. We may access this data upon a Resmark System customer’s request in order to provide support and troubleshoot any issues. In addition, a customer may use one of our APIs to enable features of the Service or a third-party system that they control to communicate with the Service. Your personal information may be shared between us 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.

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.

• Third Parties Who Use the Service: The features of the Service are diverse, and information may be shared between us and those who use our services in a variety of ways. Information that you supply that is collected through the Service, including personal information, is shared between us and any third party to whom you provide the information in order to obtain information, services, products, or to conduct business, including but not limited to the signing of waivers and other documents, reserve or book trips, advertise and sell products and services, etc. For instance, you may provide information to a third party to make a booking, sign a waiver, package and sell their products, and so on.

• 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 Amazon Web Services, Google Cloud Storage, and other third-party services to store data, including documents, that is collected as part of the Service. If you are required to log in to your Google, Microsoft, Facebook, or other third-party account to use certain features of our Service, your information, data, and any documents you provide, are stored with that third-party. The information that these third parties collect and store is governed by their 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.

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. This Privacy Policy also does not apply to any travel companies, including tour operators, from whom you have purchased or reserved travel services through the Service. We encourage our users to contact those sites directly about their privacy practices.

We have also implemented and use features of Google Analytics for Display Advertisers (e.g., Remarketing). We use Remarketing with Google Analytics, the Bing Ads Program, and other third-party vendors and ad networks to advertise online. This means that third-party vendors, including Google, show Resmark Systems’ ads on sites across the Internet. Resmark 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 work to maintain the security of information under our control through various means, including the use of Secure Sockets Layer software to protect your credit card and billing information during transmission. When confirming a purchase, we only reveal the last 4 digits of your credit card, debit card or electronic check. 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. In the event of any data breach, we will promptly respond and notify customers.

WaiverSign Signatory Information

If you have a WaiverSign account, 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. By using the WaiverSign service, you agree that you will use a recipient’s 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 a recipient’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 various features of the 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 delete logs and information that we are required to retain by law (for instance, tax purposes, notices, etc.). 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
This 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

Resmark Systems, Inc.
7258 Racquet Club Dr.
Salt Lake City, UT 84121
Phone: 888-737-6275
www.resmarksystems.com