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Qualia Notary Journal & Recording Policies and Procedures (Last Updated July 25, 2022)

These Qualia Notary Journal & Recording Policies and Procedures (these “Policies and Procedures”) are governed by, and are hereby incorporated into and are a supplemental part of, the Qualia Notary Terms of Service (as Qualia may amend from time to time, the “Notary Terms of Service”). By using the Notary Solution you reaffirm that you expressly agree to the terms of the Notary Terms of Service. Any capitalized terms used but not defined in these Policies and Procedures shall have the meanings given to them in the Notary Terms of Service. To the extent of any conflict between these Policies and Procedures and the Notary Terms of Service, these Policies and Procedures shall control.

From time to time, Qualia may modify these Policies and Procedures, effective upon notice to you. Your continued access to or use of the Notary Solution constitutes your acceptance of any such revisions. No other amendment, modification or supplement of any provision of these Policies and Procedures will be valid or effective unless made in writing and signed by both Parties.

1.  The Service.

(a) The Notary Solution will store and make accessible Notary’s electronic notarial journal of sessions performed on the Notary Solution (“Journal”) and the associated recordings of notarial sessions (“Recordings”).  

(b) The Notary solution will support download or export of Journal entries and Recordings

(c) Qualia will notify Notary within 90 days of any material updates/changes to the Notary Solution, typically via release notes in the Notary Solution.

(d) Where applicable law requires Qualia to store materials (e.g. Journal, Recordings) for an extended period of time after termination of the Notary Terms of Service, Qualia reserves the right, as permitted by applicable notarial law, to charge a fee for any copies requested during the extended storage period.

  

2. Notary Responsibilities.

(a) Notary will only share copies of their Journal or Recordings as appropriate and as permitted by applicable law.

(b) Notary will promptly respond to all requests of law enforcement for access to Notary's Journal or Recordings. Qualia will direct all law enforcement requests it receives to Notary for response. If Notary fails to timely respond to such request, Qualia may provide relevant Journal entries, Recordings or other materials to a government actor, including law enforcement, if it, in good faith, believes such disclosure is required by applicable law.

(c) Notary has, and will keep, clear instructions in place detailing what should happen in the case of Notary’s death or incapacitation.  In the event of Notary’s death, the personal representative of the Notary’s estate can engage Qualia and present evidence of the Notary’s death, and Qualia will provide the Journal and, if applicable, the Recordings, to the Notary's personal representative or the applicable state agency, as permitted or required by applicable notarial law and as directed by the Notary's personal representative.  Notary agrees that in the event of Notary incapacity and where permitted by applicable law, Qualia may assist Notary’s employer at the time of any signing event (i.e. the Entity) with locating and accessing certain materials.

3. Security

(a) Each Party will notify the other Party of any unauthorized use, loss, theft or compromise of the security of the Journal or Recordings of which the Party has actual knowledge.

(b) If Notary loses access to the email address associated with Notary’s user profile on the Notary Solution, Notary will immediately contact Qualia Customer Support at support@qualia.com.

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