3.1 Requester Responsibilities

• Ensuring the legality and relevance of using electronic signature in the context of their relationship with the signer.
• Obtaining the signer's consent for the use of electronic signature.
• Verifying the signer's identity.
• Retaining signed documents and associated evidence in accordance with applicable legislation.
• Consulting their own legal advisors to assess the validity and relevance of using electronic signature in their specific context.

3.2 Signer Responsibilities

• Ensuring they have the authority and legal capacity to sign the document electronically.
• Providing accurate information during the signing process.
• Understanding the legal implications of their electronic signature.

4.1 Data Collected and Signing Process

• Signature request:

  • Unique request identifier
  • Document identifier in Flexina
  • User who requested the signature
  • Date and time of request
  • Signer's name and email address
• Signature interface:

  • The signer receives an email with a unique identifier to access the signature interface
  • The signer can view each page of the document and download it before signing
  • Signature options: drawing the signature, uploading a signature image, or typing the name
  • Geolocation sharing option (optional)
  • Mandatory acceptance of Flexina's terms of use and privacy policy
• Signing process:

  • Signature
  • Geolocation (if provided by the signer)
  • IP address of Flexina server and signer
• Signed document construction:

  • Integration of signature data into the document
  • Creation of a signature audit including request data, requesting company data and signature data

4.2 Data Retention and Transmission

• The signed document and signature audit are sent by email to both parties (requester and signer)
• The email is sent from signature@myflexina.com with S/MIME, DMARC, DKIM, and SPF protocol to ensure authenticity and integrity
• Flexina does not retain any trace of the signature after sending the emails
• Only a "signed" status with the signature date is kept in the Flexina software

4.3 Retention Responsibility

7.1 eIDAS Compliance for Simple Signatures

• Simple electronic signature:

  This is the type of signature provided by Flexina Signature. It consists of electronic data linked or logically associated with other electronic data and that the signer uses to sign.

• Advanced electronic signature:

  This type of signature is not provided by Flexina Signature. It meets additional requirements for signer identification and document integrity.

• Qualified electronic signature:

  This type of signature is not provided by Flexina Signature. It is an advanced electronic signature created by a qualified electronic signature creation device and based on a qualified certificate.

7.2 Flexina's Role in Simple Signatures

• Flexina Signature facilitates the simple electronic signature process by providing a user-friendly and secure interface.
• The service helps collect and organize signature-related evidence, such as timestamps, IP address, and geolocation (if provided by the signer).
• Flexina Signature is not designed to provide advanced or qualified electronic signatures within the meaning of the eIDAS regulation.
• The service primarily aims to save time in the signing process, replacing the traditional flow of printing, handwritten signature, and document scanning.

7.3 Legal Value and Limitations

• A simple electronic signature has the same legal value as a handwritten signature, but its probative force may vary depending on circumstances and jurisdictions.
• The signature provided by Flexina Signature has the same legal value as a handwritten signature on a document sent by email, printed, signed, scanned and returned.
• It is the users' responsibility to ensure that this type of signature is appropriate and sufficient for their specific needs.
• For certain types of documents or transactions, an advanced or qualified electronic signature may be required by law. In these cases, Flexina Signature would not be appropriate.