SmartSAFE: Your Secure Compliant eVault

eSignSystems™ Site Privacy Statement

Scope

This Privacy Statement ("Statement") sets forth the eSignSystems ("eSignSystems", "we", or "us") policy regarding the collection, processing, storage and transfer of personal information submitted by users of our services (each a "eSignSystems Service"). When we refer to eSignSystems, we or us, we mean only eSignSystems. eSignSystems is a division of Wave Systems Corp. ("Wave"); however this Statement applies only to the collection and use of personal data submitted in conjunction with your use of an eSignSystems Service .

REQUIRED INFORMATION

eSignSystems collects the minimum amount of information necessary to provide each eSignSystems Service. Your use of certain eSignSystems Services may require you to submit your first and last name, email address, social security number, driver's license, and postal address; whereas your use of other eSignSystems Services may require the submission of only your email address. Our automated systems prompt you for the information required. If you are submitting your information manually, the submittal form will specify the required information. As such, you will always know exactly what information is being collected by us. Unless you submit information voluntarily, eSignSystems does not collect personal information from you.

If you choose not to submit the required information, you will be unable to utilize the eSignSystems Services.

INFORMATION SUBMISSION OPTIONS

eSignSystems uses an automated process to collect and verify the information you submit. However, if we are unable to verify your identify via our automated identity authentication process, you may be prompted to submit your information in hard copy through the use of a written form. In such case, you will be given the option to download a file, including instructions for forwarding the completed form to us.

USE AND DISCLOSURE OF THE REQUIRED INFORMATION

Personal information received by us is disclosed only to (a) eSignSystems' authentication partner; (b) eSignSystems' digital certificates vendors; and (c) the entity through which you initiated your transaction. eSignSystems may also disclose your information to comply with applicable laws, subpoenas or other court orders and to otherwise cooperate with law enforcement and regulatory officials.

STORAGE AND PROTECTION OF INFORMATION - NO WARRANTIES

Given the risks involved in any electronic transfer and storage of data, eSignSystems does not warrant or represent that information processed or stored by us will be protected against loss, misuse, or alteration. Nonetheless, eSignSystems takes seriously the security of the information it collects, and has implemented various security protocols to protect the transmission and storage of any data collected via the use of an eSignSystems Service. These measures include Secure Socket Layer (SSL) technology, proprietary encryption methods and technical security architectures. The data is first gathered and encrypted via an SSL connection to protect it in transit to eSignSystems' authentication partner. Any data that is logged by eSignSystems is protected behind firewalls and a technical security architecture intended to prevent an outside user from accessing our database. If you choose to submit a notarized hardcopy form to us, it will be scanned into our system and stored in accordance with this paragraph, after which, the original hardcopy form will be destroyed.

The servers where we store your information are located in the USA. If you are located in another jurisdiction, you should be aware that your personal information once submitted will be transferred to our servers within the USA.

eSignSystems reserves the right to change its storage and security procedures in its sole and reasonable discretion.

SALE OR TRANSFER OF INFORMATION

In the event of a sale, merger, liquidation, dissolution, or transfer of substantially all of the assets of eSignSystems and/or Wave, eSignSystems reserves the right to sell, assign, or transfer your information to the acquiring entity.

COOKIES AND OTHER TRACKING MECHANISMS

Each time you log onto the eSignSystems Service, a session cookie will be used to identify you as you navigate through the related pages. Cookies are blocks of data that are placed on your computer and that are sent by your web browser to our computer each time you logon to the eSignSystems Service. The cookies that are placed on your computer have unlimited duration. If you delete or otherwise choose not to use cookies during a particular session, you will be unable to use the eSignSystems Service.

When you use an eSignSystems Service, information about your browser type, operating system, IP address, and the domain name from which you access the eSignSystems Service (e.g., yahoo.com) are collected. This information is used solely for our internal purposes in managing the eSignSystems Services and improving their functionality.

OPT-OUT OR DELETION REQUESTS

If you would like to receive a copy of the personal information we have about you as submitted to us via the eSignSystems Service, please send a request to info@esignsystems.com Attention: Privacy Administrator. If this information is incorrect or incomplete, please let us know, and we will make reasonable efforts to correct or update it promptly. You may also ask us to remove your name and other personal information from our databases. In each of the foregoing cases, we will make all reasonable efforts to honor your request promptly, subject to legal and other permissible considerations.

CHANGES TO THIS STATEMENT AND OUR PROCEDURES

This Statement was created December 17th, 2002 and last updated May 10th, 2012. eSignSystems, in its sole discretion, may update this Statement at any time and from time to time, by posting an updated Statement at the applicable eSignSystems Services home page. Updated Statements will be viewable by you upon your first logon following any such updates. You will always be given the opportunity not to accept changes to this Statement, however eSignSystems is unable to provide the eSignSystems Services to you unless you agree with our published policies.

CHILDREN

The eSignSystems Services are not intended for use by children and eSignSystems does not wish to receive personal information from children under 13 years of age. If we become aware that a user under the age of 13 has submitted information to us or is attempting to do so, eSignSystems will expunge any personally identifiable information from our records.

OTHER TERMS AND CONDITIONS

Your use of the eSignSystems Services is subject to and contingent upon your agreement with other Terms Of Use . The terms and conditions applicable to your specific use of the eSignSystems Services are hereby incorporated by reference.

QUESTIONS OR CONCERNS

If you have questions concerning this Statement, please contact our Privacy Administrator by sending and email info@esignsystems.com .