Notarize offers a proprietary cloud technology Platform and related Services which allow Users to facilitate and participate in remote online Notarizations, e-sign, and other transactions. This Notarize Security Statement (“Security Statement”) is attached to the Notarize General Terms (“General Terms”). Capitalized terms not otherwise defined have the meanings given in the General Terms.
1. General Provisions.
This Security Statement applies to all Users participating in any Transaction or otherwise accessing the Platform in any capacity, other than Subscribers who have signed a separate written agreement with Notarize that expressly supersedes this Security Statement. This Security Statement, together with the General Terms, relevant Supplements, and the relevant Order Form (if the User is a Subscriber), are the “Agreement”.
2. Information Security and Security Incidents.
2.1 Security. Notarize has implemented and will maintain appropriate technical, physical and organizational measures in compliance with applicable law intended to protect User Data against accidental, unauthorized or unlawful access, disclosure, alteration, loss, or destruction.
2.2 Payment Card Information. Notarize does not collect or process payment card information for payment purposes.
Payment card payments are managed by third party service providers that are subject to Payment Card Industry Data Security Standards (“PCI DSS”).
2.3 Information Security Policies. Notarize follows a written information security policy for each of the Services designed to comply with applicable law.
2.4 Organization of Information Security.
(a) Security Ownership. Notarize has appointed and maintains one or more senior officials responsible for coordinating and monitoring the security rules and procedures.
(b) Risk Management Program. Notarize performs a risk assessment (1) annually, (2) in conjunction with significant changes to the Services, and (3) before offering new Services or processing new kinds of data.
(c) Retention. Notarize retains its security-related policies, procedures, and related reviews and assessments documents pursuant to its record retention schedule, subject to applicable record retention laws.
2.5 Asset Management.
(a) Asset Inventory. Notarize maintains an inventory of all media on which User Data is stored. Access to the inventories of such media is restricted to Notarize personnel authorized in writing to have such access.
(b) Asset Handling. Notarize classifies User Data in accordance with Notarize’s current policies and procedures and applies appropriate controls to protect it. Notarize imposes restrictions on printing User Data and has procedures for disposing of printed materials that contain User Data. Notarize avoids storing User Data on portable devices unless it is necessary. When necessary, Notarize authorizes such storage and instructs personnel on proper security measures prior to storing User Data on portable devices.
2.6 Human Resources Security; Security Training. Notarize takes reasonable steps designed to ensure the compliance of its personnel with security procedures relevant to the Services, including by informing its personnel about relevant security procedures. Notarize also informs its personnel of possible consequences of breaching the security rules and procedures. Notarize does not use User Data to train its personnel.
2.7 Physical Security, Resiliency, and Data Handling.
(a) Physical Access to Facilities. Notarize (and its third-party service providers) limit access to facilities where information systems that process User Data are located to authorized individuals.
(b) Physical Access to Components. Notarize or its vendors maintain records of the incoming and outgoing media containing User Data, including the kind of media, the authorized sender/recipients, date and time, the number of media and the types of User Data they contain.
(c) Resiliency. Notarize uses third-party service providers that offer protections intended to prevent or limit service interruptions.
(d) Data Deletion. Notarize uses reasonable processes to delete User Data when it is no longer needed pursuant to the terms of the Agreement.
(e) Data Location. Notarize uses a third-party’s cloud service (in its United States-based cloud “region”) for processing, storing or accessing User Data. For Subscribers, Notarize will notify the Subscriber in advance if it uses a cloud region in a location outside of the United States.
(f) Protection from Disruptions. Notarize or its vendors use a variety of systems designed to protect against loss of data due to power supply failure or line interference.
(g) Component Disposal. Notarize or its vendors use processes to delete User Data when it is no longer needed pursuant to the terms of the Agreement.
2.8 Communications and Operations Management.
(a) Malicious Software. Notarize uses anti-malware controls to avoid malicious software gaining unauthorized access to User Data, including malicious software originating from public networks.
(b) Event Logging. Notarize logs access and use of information systems containing User Data, registering the access ID, time, authorization granted or denied, and relevant activity.
2.9 Access Control.
(a) Operational Policy. Notarize maintains security documents describing its security measures and the relevant procedures and responsibilities of its personnel who have access to User Data.
(b) Access Policy. Notarize maintains a policy and supporting procedures that identify, by roles, those having access to User Data.
(c) Access Authorization. Notarize maintains and updates records of roles authorized to access Notarize systems that contain User Data, including roles that may grant, alter or cancel authorized access to data and resources.
(d) Least Privilege. Notarize restricts access to User Data to only those individuals who require such access to perform their role. Notarize only permits technical support personnel to have access to User Data if necessary.
(e) Integrity and Confidentiality. Notarize instructs Notarize personnel to disable administrative sessions when they leave their workstations. Notarize stores passwords using cryptographic techniques designed to protect them from disclosure.
(f) Authentication. Notarize uses processes to identify and authenticate users who attempt to access information systems. Where authentication mechanisms are based on passwords, Notarize requires that the passwords are composed and maintained based on current best practices. Notarize does not reactivate deactivated or expired credentials without proper authorization. Notarize monitors and locks accounts (where appropriate) that have repeated failed attempts to gain access to the information system. Notarize maintains procedures to deactivate passwords that have been corrupted or inadvertently disclosed.
2.10 Network Design. Notarize implements and maintains controls designed to avoid individuals assuming access rights they have not been assigned to gain access to User Data they are not authorized to access.
2.11 Encryption. Notarize encrypts, or enables Subscribers to encrypt, User Data that is transmitted over public networks. This feature may not be available to all Users.
2.12 Data Backup Plan. The Services are designed for high availability and to be resilient in the event of failure. On an ongoing basis, but in no case less frequently than once a week (unless no User Data has been updated during that period), Notarize maintains multiple copies of User Data from which User Data can be recovered. Notarize has specific procedures in place governing access to backups of User Data. Notarize logs data restoration efforts, including the person responsible, the description of the restored User Data and where applicable, the person responsible and which User Data (if any) had to be input manually in the data recovery process. Notarize’s redundant storage and its procedures for recovering data are designed to reconstruct User Data in its original or last-replicated state from before the time it was lost or destroyed.
2.13 Security Incidents.
(a) Incident Response Plan. Notarize maintains a cyber-incident breach response plan in accordance with Notarize’s information security policy (“Incident Response Plan”) and implements the procedures required under such plan on the occurrence of a Security Incident.
(b) Security Incident Notification. If Notarize becomes aware of any unauthorized third party access to or processing of any User Data, which affects the confidentiality, integrity, or availability of User Data (a “Security Incident”), Notarize, after initial investigation, without unreasonable delay: (1) notifies Subscriber of the Security Incident; (2) investigates the Security Incident and, after completing its investigation, provide Subscriber with information about the Security Incident; (3) uses reasonable efforts to mitigate the effects and to minimize any damage resulting from the Security Incident and, after doing so, informs Subscriber of the steps taken; and (4) once determined, informs Subscriber of any modifications Notarize makes to its security procedures that are intended to prevent similar security incidents occurring in the future.
(c) Information Security Incident Management.
(i) Incident Response Process. Notarize maintains a record of Security Incidents with a description of the Security Incident, the time period, the consequences of the incident, the name of the reporting person, to whom the Security Incident was reported, and the procedure for recovering any affected data. Notarize shall track, Security Incidents, including what data has been disclosed and to whom, or what data has been lost, damaged, destroyed or altered (as the case may be), and at what time.
(ii) Service Monitoring. Following a Security Incident, Notarize security personnel review relevant service-related logs to propose remediation efforts, if necessary.