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BIEASES E-SIGN Act Policy

For the United States

Last updated: January 22nd, 2024

Overview and Purpose​

The Electronic Signatures in Global and National Commerce Act (“E-SIGN” or “the Act”) was signed into law on June 30, 2000. It provides a general rule of validity for electronic records and signatures in or affecting interstate or foreign commerce. E-SIGN allows the use of electronic records to satisfy any regulation, statute, or rule of law requiring that BIEASES information be provided in writing if the consumer has affirmatively consented to BIEASES use and has not withdrawn BIEASES consent.
Sailing Union Capital Holding (“BIEASES” or the “Company”) recognizes the importance of satisfying the requirements of E-SIGN when engaging in processes related to the use of electronic records and electronic signatures, specifically when issuing disclosures, notices, and other written communications electronically to its customers, and obtaining electronically signed documents from customers. It is the policy of BIEASES to comply with the requirements of E-SIGN as applicable to its business activity and as amended from time to time.
This Policy directs Management to develop appropriate procedures to ensure compliance with E-SIGN and controls to prevent any violations of law, regulation, statute, or other requirements.

Oversight and Implementation of Policy​

The CCO is responsible for the oversight and implementation of this Policy. The Compliance Department will conduct compliance monitoring on at least an annual basis to ensure that BIEASES is complying with this Policy and to identify any operational or other weaknesses affecting the Company’s ability to comply with E-SIGN. The CEO will maintain oversight of this Policy and must be informed of any deficiencies identified through compliance monitoring that require corrective action.

Policy Administration​

At least annually, the CCO will review this Policy and recommend appropriate changes to the CEO. The review will include feedback on the effectiveness of this Policy and will consider the results of any internal or external audits or examinations. Any interim changes to this Policy must be submitted to the CCO to determine if the changes are material enough to require approval from the CEO.
No part of this Policy should be interpreted as contravening or superseding any other legal or regulatory requirement imposed on BIEASES. Any conflicts between the standards of this Policy and the Company’s other legal and compliance obligations should be escalated immediately to the CCO for further evaluation. If necessary, the CCO will engage internal/external legal counsel for interpretations of BIEASES obligations.

E-SIGN Act Requirements​

General Rules and Preservation of Rights and Obligations​

It is the policy of BIEASES to recognize the validity and treatment of electronic records and electronically signed documents in accordance with E-SIGN and any applicable law, regulation, statute, or other requirement as described below.
With respect to any transaction:

  • A signature, contract, or other record relating to a transaction may not be denied legal effect, validity, or enforceability because it is in electronic form
  • A contract relating to a transaction may not be denied legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation

The provisions of E-SIGN do not:

  • Limit, alter, or otherwise affect any requirement imposed by a regulation, statute, or rule of law relating to the rights and obligations of persons under BIEASES regulation, statute, or rule of law other than a requirement that contracts or other records be written, signed, or in non-electronic form, or
  • Require any person to agree to use or accept electronic records or electronic signatures, other than a governmental agency with respect to a record other than a contract to which it is party

It is the policy of BIEASES to comply with the below requirements regarding obtaining consumer consent to receive electronic documents and to electronically sign documents in accordance with E-SIGN. The Company uses verified Third parties to obtain consumer consent and disclose electronic documents to its customers and as applicable, for consumers to electronically sign documents. BIEASES will not open accounts unless the consumer consents to receive documents electronically. BIEASES ensures all disclosures provided electronically comply with the content and timing requirements of any applicable law, regulation, statute, or other requirement. Any customer who wishes to withdraw their consent may submit a request to the Company via email. Once received, BIEASES will process their withdrawal and terminate the consumer’s account as soon as reasonably possible. Refer to Appendix A of this Policy for the Company’s consumer Disclosure and Consent Form.
If a regulation, statute, or other rule of law requires that information relating to a transaction be provided to a consumer in writing, the use of electronic records to provide BIEASES information satisfies the requirement that the information be in writing if:

  • The consumer has affirmatively consented to BIEASES use and has not withdrawn consent
  • The consumer, prior to consenting is provided with a clear and conspicuous statement that:
    • Informs the consumer of any right or options to have the record provided on paper or in non-electronic form, and the right to withdraw consent to have the record provided in electronic form, and of any conditions, consequences (which may include termination of the relationship), or fees in the event of BIEASES withdrawal
    • Informs the consumer of whether the consent applies to only the particular transaction, or to records that may be provided during the course of the relationship
    • Describe the procedures the consumer must use to withdraw consent and to update information needed to contact the consumer electronically, and
    • Informs the consumer how, after providing consent, to request a paper copy of an electronic record, and whether a fee will be charged, and
    • Informs the consumer of the hardware and software requirements for access to and retention of the electronic records, and
  • The consumer consents or confirms consent electronically in a manner that reasonably demonstrates that the consumer can access information in the electronic form that will be used to provide the information

If, after consumer consent, there is a change in the hardware or software requirements needed to access or retain electronic records that creates a material risk that the consumer will not be able to access or retain a subsequent record, BIEASES will:

  • Provide the consumer with a statement of the revised hardware and software requirements, and the right to withdraw consent without the imposition of any fees and without the imposition of any condition or consequence that was not previously disclosed to the consumer, and
  • Comply with the aforementioned requirements of this section
  • Please see our Fees here (fees)

The provisions of E-SIGN do not affect the content or timing of any disclosure or other records required to be provided to any consumer under any regulation, statute, or other rules of law.
If a law that was enacted prior to E-SIGN expressly requires a record to be provided by a specified method that requires verification or acknowledgment of receipt, the record may be provided electronically only if the method complies with that law.
The legal effectiveness, validity, or enforceability of any contract executed by a consumer must not be denied solely because of the failure to obtain electronic consent or confirmation of consent from the consumer.
Withdrawal of consent by a consumer does not affect the legal effectiveness, validity, or enforceability of electronic records provided by BIEASES to that consumer prior to the implementation of the consumer’s withdrawal of consent. Withdrawal of consumer consent must be effective within a reasonable period of time after receipt of the withdrawal by the provider of the record.
The provisions of E-SIGN do not apply to any records that are provided to a consumer who has consented prior to the effective date of this rule to receive records in electronic form as permitted by any regulation, statute, or other rule of law.

Notarization and Acknowledgment​

It is the policy of BIEASES to comply with the following provisions of E-SIGN regarding electronic notarization and acknowledgment of documents, when applicable.
If a regulation, statute, or other rule of law requires a signature or record relating to a transaction in or affecting interstate or foreign commerce to be notarized, acknowledged, verified, or made under oath, that requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable regulation, statute, or other rule of law, is attached to or logically associated with the signature or record.

Electronic Agents​

It is the policy of BIEASES to comply with the following provisions of E-SIGN regarding electronic agents when using electronic agents in its mobile app and other online products and systems.
An “electronic agent” is a computer program, or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part without review or action by an individual at the time of the action or response.
A contract or other record relating to a transaction on or affecting interstate or foreign commerce may not be denied legal effect, validity, or enforceability solely because its formation, creation, or delivery involved the action of one or more electronic agents so long as the action of any BIEASES electronic agent is legally attributable to the person to be bound.

Retention of Contracts and Records​

It is the policy of BIEASES to comply with the following requirements of E-SIGN regarding the retention of electronic records. All electronic documents, including customer consent, are retained in accordance with E-SIGN and any other applicable law, regulation, statute, or other requirement.
If a regulation, statute, or other rule of law requires that a contract or other record relating to a transaction be retained, that requirement is met by retaining an electronic record that:

  • Accurately reflects the information set forth in the contract or record
  • Remains accessible to all persons who are entitled to access by regulation, statute, or other rule of law for the period required in a form that is capable of being accurately reproduced for later reference, whether by transmission, printing, or other method
  • A requirement to retain a contract or other record does not apply to any information whose sole purpose is to enable the contract or record to be sent, communicated, or received
  • If a regulation, statute, or other rule of law requires a contract or record relating to a transaction be provided, available, or retained in its original form, or provides consequences if the contract or record is not provided, available, or retained in its original form, that requirement is satisfied by an electronic record
  • If a regulation, statute, or other rule of law requires the retention of a check, that requirement is satisfied by the retention of an electronic record of the information on the front and the back of the check 

Appendix A - E-SIGN Consumer Disclosure and Consent Notice​

This E-SIGN Disclosure and Consent Notice ("Notice") constitutes the full agreement by and between Sailing Union Capital Holding (“BIEASES” or “We” or “Our” or “Us”), and the person(s) giving his/her consent below (“you” and “your”) with information relating to your electronic receipt of disclosures and notices (collectively, the “Communications”), or as applicable, electronic signature of documents in relation to your account (“Account”).
This Notice applies to all Communications, as defined below, for services provided by BIEASES. Under this Notice, Communications you receive in electronic form from us will be considered "in writing."
By consenting to the terms of this Agreement, you acknowledge that your Account is entirely internet based and is not designed to include the option to request paper delivery of Communications, all of which will be delivered electronically. If you do not wish to receive electronic delivery of your documents or do not wish to electronically sign documents, BIEASES will not open your Account.
By using BIEASES electronic and online services ("Electronic Services") you hereby consent to this Notice and affirm that you have access to the hardware and software requirements identified below. In addition, you must review and accept the terms of these services. If you choose not to consent to this Notice or you withdraw your consent, you will be restricted from using Electronic Services.

Examples of Communications to Be Provided in Electronic Form​

Documents we provide to you in electronic form (“Electronic Communications”) may include but are not limited to, disclosures and other notices regarding our products and services BIEASES as:

  • This E-Sign Consent and any amendments thereto
  • Terms and conditions, and other notices, and any changes thereto
  • Legal and regulatory disclosures and communications associated with related products and services
  • Privacy Statement or notices and any changes thereto
  • Any notice or disclosures regarding fees and changes thereto
  • Notices of any amendments to any of your agreements with us
  • Disclosures pertaining to but not limited to prepayment disclosures, transaction receipts, and/or combined disclosures.
  • Error resolution policies and notices, and/or
  • Customer service communications (BIEASES as claims of error communications)

You consent to the receipt of information calls and text messages made by us or our service providers to provide services to you related to your Account. We may use automatic dialing systems and prerecorded calls to this number and any number You provide to Us. Your mobile provider may charge message and data rates.

Method of Providing Communications to You in Electronic Form​

All electronic Communications that we provide to you will be provided by any of the following means:
(1) By posting BIEASES information to your mobile application portal and or/document storage
(2) By text message or SMS to the mobile phone number associated with your Account (which may include a link to the information on the BIEASES website)
(3) By electronic or e-mail transmission to your designated e-mail address, or
(4) By electronic or email transmission with a hyperlink to the BIEASES website or other website where information is posted

If you determine after your Account has been opened that you do not wish to receive electronic document delivery, please note that BIEASES will close your Account and as applicable, return any remaining funds from your Account to you. Your consent to receive and sign electronic Documents will remain in effect until revoked.
You may withdraw your consent to receive Electronic Communications under this Notice by writing to us via e-mail at support@bieases.com and including (1) the subject line “Withdraw Electronic Consent,” and (2) Your name.
Your withdrawal of consent will cancel your agreement to receive Electronic Communications, and therefore, your ability to use our Electronic Services. In the event you provide us with an invalid e-mail address or a subsequent malfunction of a previously valid e-mail address occurs, at our option, we may treat this as a withdrawal of your consent to receive electronic Communications.
Any withdrawal of your consent to receive Electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal. In the meantime, you will continue to receive Electronic Communications. If you withdraw your consent, the legal validity and enforceability of prior Electronic Communications delivered will not be affected. In addition, you may experience a delay in obtaining information regarding your transactions.

How to Update Your Records​

It is your responsibility to keep your primary email address and mobile phone number true, accurate, and complete so that BIEASES can communicate with you electronically. You understand and agree that if BIEASES sends you an Electronic Communication, but you do not receive it because your primary email address on file or mobile phone number is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive Electronic Communications, BIEASES will be deemed to have provided the Electronic Communication to you; however, we may deem your account inactive. You may not be able to transact using our services until we receive a valid, working primary email address from you.
If you use a spam filter or similar software that blocks or re-routes emails from senders not listed in your email address book, we recommend that you add BIEASES to your email address book so that you can receive Electronic Communications from us.
You can update your address and contact information by signing into your account profile, reviewing, and updating the information stored on file. If you are experiencing issues, you can contact BIEASES at support@bieases.com.

Hardware and Software Requirements​

In order to access, view, and retain the Electronic Communications that we make available to you, you must have:
(1) A valid email address or mobile phone number
(2) A computer, mobile, tablet, or similar device with internet access and current browser software and computer software that is capable of receiving, accessing, displaying, and either printing or storing Electronic Communications received from us
(3) Supported desktop browsers: Chrome, Microsoft Edge, Mozilla Firefox, or Safari updated to the current version
(4) Supported operating systems: current version of Windows or Mac
(5) Supported mobile operating systems: current version of Android or iOS
(6) Adobe Acrobat Reader ® updated to the current version, and
(7) Sufficient storage space to save Electronic Communications (whether presented online, in e-mails, texts, or PDF) or the ability to print Electronic Communications

We define “current version” as a version of the software currently supported by its publisher. We reserve the right to discontinue support of a current version of the software if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for our use of electronic communications.
If there is a substantial change in these requirements, you will be notified of the requirement changes accordingly.
We may request that you respond to an email to demonstrate you are able to receive Electronic Communications.

Federal Law​

You acknowledge and agree that your consent to Electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.

Termination/Changes​

We reserve the right, in our sole discretion, to discontinue the provision of your Electronic Communications, or to terminate or change the terms and conditions on which we provide Electronic Communications. We will provide you with notice of any BIEASES termination or change as required by law.

Enforceability​

Whenever possible, each provision of this Consent will be interpreted in BIEASES a manner as to be effective and valid under applicable law. If any provision of this Consent will be prohibited by or invalid under applicable law, BIEASES provision will be ineffective only to the extent of BIEASES prohibition or invalidity, without invalidating the remainder of BIEASES provision or the remainder of BIEASES provision or the remaining provisions of this Consent.

By checking “I Agree” you adopt the check as your electronic signature and you give your affirmative consent for BIEASES to provide Electronic Communications to you as described herein. You further agree that your computer satisfies the hardware and software requirements specified above and that you have provided us with a current e-mail address at which we may send Electronic Communications to you.