3.1 Requester Responsibilities

The requester is solely responsible for:

• •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

The signer is responsible for:

• •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

As part of the signing process, the following information is collected and processed:

• 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

The signer and requester are solely responsible for retaining the email containing the signed document and its audit trail. Without this email, proof of signature via Flexina Signature cannot be established.

7.1 eIDAS Compliance for Simple Signatures

The electronic signature provided by Flexina Signature complies with the eIDAS regulation (electronic IDentification, Authentication and trust Services) for simple electronic signatures only. It is important to understand the different types of electronic signatures according to eIDAS:

7.2 Flexina's Role in Simple Signatures

The purpose of Flexina Signature is to help create and manage evidence associated with simple electronic signatures. Specifically:

• •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

In the context of eIDAS:

• •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.