MassPay's Electronic Signatures in Global
and National Commerce Act (E-SIGN Act) Policy.
Last Updated: 7 March 2023
This Electronic Signatures in Global and National Commerce Act (E-SIGN Act) Policy (Policy) sets out how MassPay will utilize electronic signature technology to collect and preserve electronic signatures. The E-SIGN Act allows the use of electronic records to satisfy any statute, regulation, or rule of law requiring that such information be provided in writing, if the consumer has affirmatively consented to such use and has not withdrawn such consent. In conjunction with the E-SIGN Act, the Uniform Electronic Transactions Act (UETA) was established to help ensure the validity of electronic contracts and the defensibility of electronic signatures.
This Policy governs MassPay’s business activities and applies to employees who engage directly or indirectly with the collection of electronic signatures from customers, regardless of tenure, position, or employment status. When MassPay engages an affiliated or non-affiliated vendor or third-party service provider (collectively, Servicers) to perform services on behalf of MassPay, MassPay is responsible for ensuring Servicers have adequate and effective controls in place to substantially meet the requirements of this Policy and the Act.
The provisions of the E-SIGN Act require MassPay to provide the ability to give consent and receive any necessary disclosures as part of the electronic contracting process prior to account opening. The consumer is also to be provided with a “clear and conspicuous statement” regarding the option to receive the record in a non-electronic form, if any, and the right to withdraw consent at any time.
Roles & Responsibilities
MassPay in conjunction with the Legal Dept will provide written disclosures that MassPay shall provide. The Legal Dept will tailor the disclosure to the level of sophistication of the target audience and will ensure that disclosures provide an accurate statement of the hardware and software requirements for access and retention of electronic records.
MassPay is responsible for providing customers with consent forms and disclosures.
It is MassPay’s policy to conduct its business in a consistent manner compliant with the E-SIGN Act, applicable regulations and business requirements. MassPay will follow the guidance provided by the Final Rules regarding the timing and delivery of electronic disclosures. Pursuant to the Final Rules, electronic disclosures should be provided using the method best suited for presentation to the consumer. If the consumer uses electronic means to open an account or request a service, the disclosures must be provided before the account is opened or the service is requested. In response to a consumer request, disclosures should be made available in a reasonable amount of time. There are exceptions to the consumer consent requirement for electronically providing certain types of disclosures when the consumer is using electronic means such as a home computer or personal device. In accordance with the E-SIGN Act, MassPay shall maintain disclosures on its website for a reasonable amount of time for access, view, and retention.
Training employees is a crucial element in building a strong and lasting culture of compliance. MassPay shall provide all employees, affiliates, and service providers whose roles impact E-SIGN compliance with training appropriate for their roles and responsibilities at least annually.
MassPay shall maintain electronic records accurately reflecting the information contained in applicable contracts, notices, or disclosures. Documents will remain accessible to all persons who are legally entitled to access as covered in MassPay’s Record Retention Policy and defined standards.
At least annually, the Policy Owner reviews this Policy. Questions or suggestions about this Policy should be forwarded to the Policy Owner or secondary Policy Owner.
|Revision No.||Reason for Change||Policy Owner||Review Authority||Review Schedule||Date Updated|
|1.0||Policy Adoption||Vlad Iacob||Stephen Hovagimyan||Annually||7 March 2023|