TERMS OF SERVICE
Last updated March 27, 2024
GENERAL TERMS FOR EACH
SERVICE
GENERAL
TERMS FOR EACH SERVICE
1 Introduction. This Terms of Service document (hereinafter "Agreement") is a
contract between you and CharterWest Bank (hereinafter "we" or
"us") in connection with each service that is described in the rest
of this Agreement that applies to services you use from us, as applicable
(each, a "Service") offered through our online banking site or mobile
applications (the "Site"). The Agreement consists of these General
Terms for Each Service (referred to as "General Terms"), and each set
of Terms that follows after the General Terms that applies to the specific
Service you are using from us. This Agreement applies to your use of the
Service and the portion of the Site through which the Service is offered.
2 Service Providers. We are offering you the Service through one or more Service Providers
that we have engaged to render some or all of the Service to you on our behalf.
However, notwithstanding that we have engaged such a Service Provider to render
some or all of the Service to you, we are the sole party liable to you for any
payments or transfers conducted using the Service and we are solely responsible
to you and any third party to the extent any liability attaches in connection
with the Service. You agree that we have the right under this Agreement to
delegate to Service Providers all of the rights and performance obligations
that we have under this Agreement, and that the Service Providers will be third
party beneficiaries of this Agreement and will be entitled to all the rights
and protections that this Agreement provides to us. Service Provider and
certain other capitalized terms are defined in a "Definitions" Section
at the end of the General Terms. Other defined terms are also
present at the end of each set of Terms that follow after the General Terms,
as applicable.
3 Amendments. We may amend this Agreement and any applicable fees and charges for the
Service at any time by posting a revised version on the Site. The revised
version will be effective at the time it is posted unless a delayed effective
date is expressly stated in the revision. Any use of the Service after a notice
of change or after the posting of a revised version of this Agreement on the
Site will constitute your agreement to such changes and revised versions.
Further, we may, from time to time, revise, update, upgrade or enhance the
Service and/or related applications or material, which may render all such
prior versions obsolete. Consequently, we reserve the right to terminate this
Agreement as to all such prior versions of the Service, and/or related
applications and material, and limit access to only the Service’s more recent
revisions, updates, upgrades or enhancements.
4 Our Relationship With
You. We are an independent contractor for all purposes,
except that we act as your agent with respect to the custody of your funds for
the Service. We do not have control of, or liability for, any products or
services that are paid for with our Service. We also do not guarantee the
identity of any user of the Service (including but not limited to recipients to
whom you send payments).
5 Assignment. You may not transfer or assign any rights or obligations you have under
this Agreement without our prior written consent, which we may withhold in our
sole discretion. We reserve the right to transfer or assign this Agreement or
any right or obligation under this Agreement at any time to any party. We may
also assign or delegate certain of our rights and responsibilities under this
Agreement to independent contractors or other third parties.
6 Notices to Us Regarding the Service. Except as otherwise stated below, notice to us concerning the Site or
the Service must be sent by postal mail to:
CharterWest Bank
201 South Main
PO Box 288
West Point, NE 68788
We may also be reached at 800-877-8021 for questions and other purposes
concerning the Service. We will act on your telephone calls as described below
in Section 22 of the General Terms (Errors, Questions, and Complaints), but
otherwise, such telephone calls will not constitute legal notices under this
Agreement.
7 Notices to You. You agree that we may provide notice to you by posting it on the Site,
sending you an in-product message within the Service, emailing it to an email
address that you have provided us, mailing it to any postal address that you
have provided us, or by sending it as a text message to any mobile phone number
that you have provided us, including but not limited to the mobile phone number
that you have listed in your Service setup or customer profile. For example,
users of the Service may receive certain notices (such as notices of processed
Payment Instructions, alerts for validation and notices of receipt of payments)
as text messages on their mobile phones. All notices by any of these methods
shall be deemed received by you no later than twenty-four (24) hours after they
are sent or posted, except for notice by postal mail, which shall be deemed
received by you no later than three (3) Business Days after it is mailed. You
may request a paper copy of any legally required disclosures and you may
terminate your consent to receive required disclosures through electronic
communications by contacting us as described in Section 6 of the General Terms
above. We reserve the right to charge you a reasonable fee not to exceed twenty
dollars ($20.00) to respond to each such request. We reserve the right to
terminate your use of the Service if you withdraw your consent to receive
electronic communications.
8 Text Messages, Calls and/or Emails to
You. By providing us with a telephone number (including
a wireless/cellular, mobile telephone number and/or email address), you consent
to receiving calls from us and our Service Providers at that number INCLUDING THOSE MADE BY USE OF AN AUTOMATIC TELEPHONE
DIALING SYSTEM ("ATDS"), and/or
emails from us for our everyday business purposes (including identity
verification). You acknowledge and agree that such telephone calls include, but
are not limited to, live telephone calls, prerecorded or artificial voice
message calls, text messages, and calls made by an ATDS from us or our affiliates and
agents. Please review our Privacy Policy for more information.
9 Receipts and Transaction History. You may view your transaction history by logging into the Service and
looking at your transaction history. You agree to review your transactions by
this method instead of receiving receipts by mail.
10 Your Privacy. Protecting your privacy is very important to us. Please review our
Privacy Policy in order to better understand our commitment to maintaining your
privacy, as well as our use and disclosure of your information.
11 Privacy of Others. If you receive information about another person through the Service,
you agree to keep the information confidential and only use it in connection
with the Service.
12 Eligibility. The Service is offered only to individual residents of the United
States who can form legally binding contracts under applicable law. Without
limiting the foregoing, the Service is not offered to minors unless the minor
is using an Eligible Transaction Account in the name of the minor with a parent
or guardian as a co-signor or guarantor. By using the Service, you represent
that you meet these requirements and that you agree to be bound by this
Agreement.
13 Prohibited Payments. The following types of payments are prohibited through the Service, and
we have the right but not the obligation to monitor for, block, cancel and/or
reverse such payments:
a.
Payments to or from persons or
entities located in prohibited territories (including any territory outside of
the United States); and
b.
Payments that violate any law,
statute, ordinance or regulation; and
c.
Payments that violate the
Acceptable Use terms in Section 14 of the General Terms below; and
d.
Payments related to: (1) tobacco
products, (2) prescription drugs and devices; (3) narcotics, steroids,
controlled substances or other products that present a risk to consumer safety;
(4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related
accessories; (6) weapons or knives regulated under applicable law; (7) goods or
services that encourage, promote, facilitate or instruct others to engage in
illegal activity; (8) goods or services that are sexually oriented; (9) goods
or services that promote hate, violence, racial intolerance, or the financial
exploitation of a crime; (10) goods or services that defame, abuse, harass or
threaten others; (11) goods or services that include any language or images
that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or
discourteous; (12) goods or services that advertise, sell to, or solicit
others; or (13) goods or services that infringe or violate any copyright,
trademark, right of publicity or privacy, or any other proprietary right under
the laws of any jurisdiction; and
e.
Payments related to gambling,
gaming and/or any other activity with an entry fee and a prize, including, but
not limited to, casino games, sports betting, horse or dog racing, lottery
tickets, other ventures that facilitate gambling, games of skill (whether or
not it is legally defined as a lottery) and sweepstakes; and
f.
Payments relating to transactions
that (1) support pyramid or Ponzi schemes, matrix
programs, other "get rich quick" schemes or multi-level marketing
programs, (2) are associated with purchases of real property, equities, annuities or
lottery contracts, lay-away systems, off-shore banking or transactions to
finance or refinance debts funded by a credit card, (3) are for the sale of
items before the seller has control or possession of the item, (4) constitute
money-laundering or terrorist financing, (5) are associated with the following
"money service business" activities: the sale of traveler’s checks or
money orders, currency dealers or exchanges (including digital currencies such as bitcoin), or check cashing, or (6) provide
credit repair or debt settlement services; and
g.
Tax payments and court ordered
payments.
Except as required by
applicable law, in no event shall we or our Service
Providers be liable for any claims or damages resulting from your scheduling of
prohibited payments. We encourage you to provide notice to us by the methods
described in Section 6 of the General Terms above of any violations of the
General Terms or the Agreement generally.
14 Acceptable Use. You agree that you are independently responsible for complying with all
applicable laws in all of your activities related to your use of the Service,
regardless of the purpose of the use, and for all communications you send
through the Service. We and our Service Providers have the right but not the
obligation to monitor and remove communications content that we find in our
sole discretion to be objectionable in any way. In addition, you are prohibited
from using the Service for communications or activities that: (a) violate any
law, statute, ordinance or regulation; (b) promote hate, violence, racial
intolerance, or the financial exploitation of a crime; (c) defame, abuse,
harass or threaten others; (d) include any language or images that are bigoted,
hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e)
infringe or violate any copyright, trademark, right of publicity or privacy or
any other proprietary right under the laws of any jurisdiction; (f) impose an
unreasonable or disproportionately large load on our infrastructure; (g)
facilitate any viruses, trojan horses, worms or other
computer programming routines that may damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or information; (h) constitute
use of any robot, spider, other automatic device, or manual process to monitor
or copy the Service or the portion of the Site through which the Service is
offered without our prior written permission; (i)
constitute use of any device, software or routine to bypass technology
protecting the Site or Service, or interfere or attempt to interfere, with the
Site or the Service; or (j) may cause us or our Service Providers to lose any
of the services from our internet service providers, payment processors, or
other vendors. We encourage you to provide notice to us by the methods
described in Section 6 of the General Terms above of any violations of the
General Terms or the Agreement generally.
15 Payment Methods and Amounts. There are limits on the amount of money you can send or receive through
our Service. Your limits may be adjusted from time-to-time in our sole
discretion. For certain services, You may have the ability to log in to the Site to view your individual transaction
limits. We or our Service Provider also reserve the right to select the method in which to remit funds on
your behalf through the Service, and in the event that your Eligible Transaction
Account is closed or otherwise unavailable to us, the method to return funds to
you. These payment methods may include, but may not be limited to, an
electronic debit, a paper check drawn on
the account of our Service Provider, or draft check drawn against your account.
16 Your Liability for Unauthorized
Transfers. Immediately following your
discovery of an unauthorized Payment Instruction, you shall communicate with
customer care for the Service in the manner set forth in Section 6 of the
General Terms above. You acknowledge and agree that time is of the essence in
such situations. If you tell us within two (2) Business Days after you discover
your password or other means to access your account through which you access
the Service has been lost or stolen, your liability is no more than $50.00
should someone access your account without your permission. If you do not tell
us within two (2) Business Days after you learn of such loss or theft, and we
can prove that we could have prevented the unauthorized use of your password or
other means to access your account if you had told us, you could be liable for
as much as $500.00. If your monthly financial institution statement contains
payments that you did not authorize, you must tell us at once. If you do not
tell us within sixty (60) days after the statement was sent to you, you may
lose any amount transferred without your authorization after the sixty (60)
days if we can prove that we could have stopped someone from taking the money
had you told us in time. If a good reason (such as a long trip or a hospital
stay) prevented you from telling us, we will extend the time periods specified above to a reasonable period.
17 Taxes. It is your responsibility to determine what, if any, taxes apply to the
transactions you make or receive, and it is your responsibility to collect,
report and remit the correct tax to the appropriate tax authority. We are not responsible
for determining whether taxes apply to your transaction, or for collecting,
reporting or remitting any taxes arising from any transaction.
18 Failed or Returned Payment
Instructions. In using the Service, you are
requesting that we or our Service
Provider attempt to make payments for you from your
Eligible Transaction Account. If the Payment Instruction cannot be
completed for any reason associated with your Eligible
Transaction Account (for example, there are insufficient funds in your Eligible
Transaction Account, or the Payment Instruction would exceed the credit or
overdraft protection limit of your Eligible Transaction Account, to cover the
payment), the Payment Instruction may or may not be completed. In certain
circumstances, our Service Provider may
either advance funds drawn on their corporate account or via an electronic
debit, and in such circumstances will
attempt to debit the Eligible Transaction Account a second time to complete the
Payment Instruction. In some instances, you will receive a return notice from
us or our Service Provider. In each such case, you agree
that:
a.
You will reimburse us or our Service
Provider immediately upon demand the amount of the Payment Instruction if the
payment has been delivered but there are insufficient funds in, or insufficient overdraft credits
associated with, your Eligible Transaction Account to allow the debit
processing to be completed;
b.
You may be
assessed a late fee equal to one and a half percent (1.5%) of any unpaid amounts plus costs of collection by our
Service Provider or their third-party
contractor if the Payment Instruction cannot be debited
because you have insufficient funds in your Eligible Transaction Account, or
the transaction would exceed the credit or overdraft protection limit of your
Eligible Transaction Account, to cover the payment, or if the funds cannot
otherwise be collected from you. The aforesaid amounts will be charged in addition to
any NSF charges that may be assessed by us, as set
forth in your fee schedule from us (including as disclosed on the Site) or your
account agreement with us. You hereby authorize us and our Service Provider to deduct all of these amounts from your designated Eligible Transaction Account,
including by ACH debit;
c.
We and our Service Provider are authorized to report the facts
concerning the return to any credit reporting agency.
19 Address or Banking Changes. It is your sole responsibility and you agree to ensure that the contact
information in your user profile is current and accurate. This includes, but is
not limited to, name, physical address, phone numbers and email addresses.
Depending on the Service, changes may be able to be made within the user
interface of the Service or by contacting customer care for the Service as set
forth in Section 6 of the General Terms above. We are not responsible for any
payment processing errors or fees incurred if you do not provide accurate
Eligible Transaction Account, Payment Instructions or contact information.
20 Information Authorization. Your enrollment in the applicable Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in or use of each Service, you agree that we reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, and in accordance with our Privacy Policy, you agree that we reserve the right to obtain personal information about you, including without limitation, financial information and transaction history regarding your Eligible Transaction Account. You further understand and agree that we reserve the right to use personal information about you for our and our Service Providers’ everyday business purposes, such as to maintain your ability to access the Service, to authenticate you when you log in, to send you information about the Service, to perform fraud screening, to verify your identity, to determine your transaction limits, to perform collections, to comply with laws, regulations, court orders and lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to defend claims, to resolve disputes, to troubleshoot problems, to enforce this Agreement, to protect our rights and property, and to customize, measure, and improve the Service and the content and layout of the Site. Additionally, we and our Service Providers may use your information for risk management purposes and may use, store and disclose your information acquired in connection with this Agreement as permitted by law, including (without limitation) any use to effect, administer or enforce a transaction or to protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. We and our Service Providers shall have the right to retain such data even after termination or expiration of this Agreement for risk management, regulatory compliance, or audit reasons, and as permitted by applicable law for everyday business purposes. In addition, we and our Service Providers may use, store and disclose such information acquired in connection with the Service in statistical form for pattern recognition, modeling, enhancement and improvement, system analysis and to analyze the performance of the Service. The following provisions in this Section apply to certain Services:
a. Mobile Subscriber Information. You authorize your wireless carrier to disclose information about your account, such as subscriber status, payment method and device details, if available, to support identity verification, fraud avoidance and other uses in support of transactions for the duration of your business relationship with us. This information may also be shared with other companies to support your transactions with us and for identity verification and fraud avoidance purposes.
b. Device Data. We may share certain personal information and device-identifying technical data about you and your devices with third party service providers, who will compare and add device data and fraud data from and about you to a database of similar device and fraud information in order to provide fraud management and prevention services, which include but are not limited to identifying and blocking access to the applicable service or Web site by devices associated with fraudulent or abusive activity. Such information may be used by us and our third party service providers to provide similar fraud management and prevention services for services or Web sites not provided by us. We will not share with service providers any information that personally identifies the user of the applicable device.
21 Service Termination, Cancellation,
or Suspension. If you wish to cancel the
Service, you may contact us as set forth in Section 6 of the General Terms
above. Any payment(s) that have begun processing before the requested
cancellation date will be processed by us. You agree that we may terminate or
suspend your use of the Service at any time and for any reason or no reason.
Neither termination, cancellation nor suspension shall affect your liability or
obligations under this Agreement.
22 Errors, Questions, and Complaints.
a.
In case of errors or questions
about your transactions, you should as soon as possible contact us as set forth
in Section 6 of the General Terms above.
b.
If you think your periodic
statement for your account is incorrect or you need more information about a
transaction listed in the periodic statement for your account, we must hear
from you no later than sixty (60) days after we send you the applicable
periodic statement for your account that identifies the error. You must:
1.
Tell us your name;
2.
Describe the error or the
transaction in question, and explain as clearly as possible why you believe it
is an error or why you need more information; and,
3.
Tell us the dollar amount of the
suspected error.
c.
If you tell us orally, we may
require that you send your complaint in writing within ten (10) Business Days
after your oral notification. Except as described below, we will determine
whether an error occurred within ten (10) Business Days after you notify us of
the error. We will tell you the results of our investigation within three (3) Business
Days after we complete our investigation of the error, and will correct any
error promptly. However, if we require more time to confirm the nature of your
complaint or question, we reserve the right to take up to forty-five (45) days
to complete our investigation. If we decide to do this, we will provisionally
credit your Eligible Transaction Account within ten (10) Business Days for the
amount you think is in error. If we ask you to submit your complaint or
question in writing and we do not receive it within ten (10) Business Days, we
may not provisionally credit your Eligible Transaction Account. For errors involving new Eligible Transaction Accounts, we may take up to ninety (90) days to investigate your complaint or question and up to twenty (20) Business Days to provisionally credit your Eligible Transaction Account. If it is determined there was no error, we will mail you a written explanation within
three (3) Business Days after completion of our investigation. You may ask for
copies of documents used in our investigation. We may revoke any provisional
credit provided to you if we find an error did not occur.
23 Intellectual Property. All other marks and logos related to the Service are either trademarks
or registered trademarks of us or our licensors. In addition, all page headers,
custom graphics, button icons, and scripts are our service marks, trademarks,
and/or trade dress or those of our licensors. You may not copy, imitate, or use
any of the above without our prior written consent, which we may withhold in
our sole discretion, and you may not use them in a manner that is disparaging
to us or the Service or display them in any manner that implies our sponsorship
or endorsement. All right, title and interest in and to the Service, the
portion of the Site through which the Service is offered, the technology
related to the Site and Service, and any and all technology and any content
created or derived from any of the foregoing, is our exclusive property or that
of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts,
or other information you may send to us through or regarding the Site or
Service shall be considered an uncompensated contribution of intellectual
property to us and our licensors, shall also be deemed our and our licensors’
exclusive intellectual property, and shall not be subject to any obligation of
confidentiality on our part. By submitting any such materials to us, you
automatically grant (or warrant that the owner of such materials has expressly
granted) to us and our licensors a perpetual, royalty-free, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate, publicly perform and display, create derivative works from and
distribute such materials or incorporate such materials into any form, medium,
or technology now known or later developed, and you warrant that all so-called
"moral rights" in those materials have been waived, and you warrant
that you have the right to make these warranties and transfers of rights.
24 Links and Frames. Links to other sites may be provided on the portion of the Site through
which the Service is offered for your convenience. By providing these links, we
are not endorsing, sponsoring or recommending such sites or the materials
disseminated by or services provided by them, and are not responsible for the
materials, services or other situations at or related to or from any other
site, and make no representations concerning the content of sites listed in any
of the Service web pages. Consequently, we cannot be held responsible for the
accuracy, relevancy, copyright compliance, legality or decency of material
contained in sites listed in any search results or otherwise linked to the
Site. For example, if you "click" on a banner advertisement or a
search result, your "click" may take you off the Site. This may
include links from advertisers, sponsors, and content partners that may use our
logo(s) as part of a co-branding agreement. These other sites may send their
own cookies to users, collect data, solicit personal information, or contain
information that you may find inappropriate or offensive. In addition,
advertisers on the Site may send cookies to users that we do not control. You
may link to the home page of our Site. However, you may not link to other pages
of our Site without our express written permission. You also may not
"frame" material on our Site without our express written permission.
We reserve the right to disable links from any third party sites to the Site.
25 Password and Security. If you are issued or create any password or other credentials to access
the Service or the portion of the Site through which the Service is offered,
you agree not to give or make available your password or credentials to any
unauthorized individuals, and you agree to be responsible for all actions taken
by anyone to whom you have provided such credentials. If you believe that your
credentials have been lost or stolen or that someone may attempt to use them to
access the Site or Service without your consent, you must inform us at once at
the telephone number provided in Section 6 of the General Terms above. See also
Section 16 of the General Terms above regarding how the timeliness of your
notice impacts your liability for unauthorized transfers.
26 Remedies. If we have reason to believe that you have engaged in any of the
prohibited or unauthorized activities described in this Agreement or have
otherwise breached your obligations under this Agreement, we may terminate,
suspend or limit your access to or use of the Site or the Service; notify law
enforcement, regulatory authorities, impacted third parties, and others as we
deem appropriate; refuse to provide our services to you in the future; and/or
take legal action against you. In addition, we, in our sole discretion, reserve
the right to terminate this Agreement, access to the Site and/or use of the
Service for any reason or no reason and at any time. The remedies contained in
this Section 26 of the General Terms are cumulative and are in addition to the
other rights and remedies available to us under this Agreement, by law or
otherwise.
27 Disputes. In the event of a dispute regarding the Service, you and we agree to
resolve the dispute by looking to this Agreement.
28 Arbitration. For any claim
(excluding claims for injunctive or other equitable relief) where the total
amount of the award sought is less than $10,000.00 USD, the party requesting
relief may elect to resolve the dispute in a cost effective manner through binding
non-appearance-based arbitration. If a party elects arbitration, that party
will initiate such arbitration through Judicial Arbitration and Mediation
Services ("JAMS"), the American Arbitration Association
("AAA"), or an established alternative dispute resolution (ADR)
administrator mutually agreed upon by the parties. The parties agree that the following rules shall apply: (a) the arbitration may be conducted
telephonically, online and/or be solely based on written submissions, at the
election of the party initiating the arbitration; (b) the arbitration shall not
involve any personal appearance by the parties, their representatives or
witnesses unless otherwise mutually agreed by the parties; (c) discovery shall
not be permitted; (d) the matter shall be submitted for decision within ninety
(90) days of initiation of arbitration, unless otherwise agreed by the parties,
and the arbitrator must render a decision within thirty (30) days of
submission; and (e) any award in such arbitration shall be final and binding
upon the parties and may be submitted to any court of competent jurisdiction
for confirmation. The parties acknowledge that remedies available under
federal, state and local laws remain available through arbitration. NO CLASS
ACTION, OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR
JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE
ALLOWABLE IN ARBITRATION.
29 Law and Forum for Disputes. Unless our account agreement with you states otherwise, this Agreement
shall be governed by and construed in accordance with the laws of the State in
which you reside, without regard to its conflicts of laws
provisions. TO THE EXTENT THAT THE TERMS OF THIS AGREEMENT CONFLICT WITH APPLICABLE STATE OR FEDERAL LAW, SUCH STATE OR FEDERAL LAW SHALL REPLACE SUCH CONFLICTING TERMS ONLY TO THE EXTENT REQUIRED BY LAW. Unless our account agreement with you states otherwise, you agree that
any claim or dispute you may have against us (other than those which are
arbitrated under Section 28 of the General Terms above) must be resolved by a
court located in the county in which you reside. You agree to submit to the
personal jurisdiction of such courts for the purpose of litigating all claims
or disputes unless said claim is submitted to arbitration under Section 28 of
the General Terms of this Agreement. The United Nations Convention on Contracts
for the International Sale of Goods shall not apply to this Agreement. TO THE EXTENT ALLOWED BY APPLICABLE LAW, BOTH PARTIES AGREE TO WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN THE RESOLUTION OF ANY DISPUTE OR CLAIM BETWEEN THE PARTIES OR ANY OF THEIR RESPECTIVE AFFILIATES ARISING UNDER THIS AGREEMENT.
30 Indemnification. You agree to defend, indemnify and hold harmless us and our Affiliates
and Service Providers and their Affiliates and the employees and contractors of
each of these, from any loss, damage, claim or demand (including attorney’s fees)
made or incurred by any third party due to or arising out of your breach of
this Agreement and/or your use of the Site or the applicable Service.
31 Release. You release us and our Affiliates and Service Providers and the
employees and contractors of each of these, from any and all claims, demands
and damages (actual and consequential) of every kind and nature arising out of
or in any way connected with any dispute that may arise between you or one or
more other users of the Site or the applicable Service. In addition, if
applicable to you, you waive California Civil Code §1542, which states that a
general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if
not known by him must have materially affected his settlement with the debtor.
32 No Waiver. We shall not be deemed to have waived any rights or remedies hereunder
unless such waiver is in writing and signed by one of our authorized
representatives. No delay or omission on our part in exercising any rights or
remedies shall operate as a waiver of such rights or remedies or any other
rights or remedies. A waiver on any one occasion shall not be construed as a
bar or waiver of any rights or remedies on future occasions.
33 Exclusions of Warranties. THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT
GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR
SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS
OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN
IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS
PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL
RIGHTS THAT VARY FROM STATE TO STATE.
34 Limitation of Liability. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE
LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND
CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF THE SITE
THROUGH WHICH THE SERVICE IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME
TO TIME, THE SERVICE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR
AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE
CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE
IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES,
EQUIPMENT MALFUNCTIONS INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL
WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF
ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE
CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR
FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE
EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF
GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING
IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE OR THE
PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES
WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT
SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS
OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE
OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT
STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS
DESCRIBED IN SECTIONS 28 AND 29 OF THE GENERAL TERMS ABOVE WITHIN TWO (2) YEARS
OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS
WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY,
AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THE
EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY
AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO
DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS).
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
35 Complete Agreement, Severability,
Captions, and Survival. You agree that this Agreement is
the complete and exclusive statement of the agreement between us, sets forth
the entire understanding between us and you with respect to the Service and the
portion of the Site through which the Service is offered and supersedes any
proposal or prior agreement, oral or written, and any other communications
between us. If any provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions
shall be enforced. The captions of Sections in this Agreement are for
convenience only and shall not control or affect the meaning or construction of
any of the provisions of this Agreement. Sections 2, 5-7, 11, 17, 18, 23, and
26-35 of the General Terms, as well as any other terms which by their nature
should survive, will survive the termination of this Agreement. If there is a
conflict between the terms of this Agreement and something stated by an
employee or contractor of ours (including but not limited to its customer care
personnel), the terms of the Agreement will prevail.
36 Definitions.
a.
"ACH Network" means the
funds transfer system, governed by the NACHA Rules, that
provides funds transfer services to participating financial institutions.
b.
"Affiliates" are
companies related by common ownership or control.
c.
"Business Day" is every
Monday through Friday, excluding Federal Reserve holidays or other days that
banks are legally closed.
d.
"Eligible Transaction
Account" is a transaction account from which your payments will be debited,
your Service fees, if any, will be automatically debited, or to which payments
and credits to you will be credited, that is eligible for the Service.
Depending on the Service, an Eligible Transaction Account may include a
checking, money market or other direct deposit account, credit card account, or
debit card account, including any required routing information.
e.
"Payment Instruction"
is the information provided for a payment to be made under the applicable
Service, which may be further defined and described below in connection with a
specific Service.
f.
"Payment Network" means
a debit or credit network (such as the ACH Network or ACCEL / Exchange payment
network) through which funds may be transferred.
g.
"Service Provider"
means companies that we have engaged (and their Affiliates) to render some or
all of the Service to you on our behalf.
BILL PAYMENT SERVICE ADDITIONAL
TERMS
1 Description of Service. The term “Bill Payment Terms” means these Bill Payment
Service Additional Terms. The bill payment service (for purposes of these Bill
Payment Terms, and the General Terms as they apply to these Bill Payment Terms,
the "Service") enables you to receive, view, and pay bills from the Site.
2 Payment Scheduling. The earliest possible Scheduled Payment Date for each
Biller will be designated within the portion of the Site through which the
Service is offered when you are scheduling the payment. Therefore, the Service
will not permit you to select a Scheduled Payment Date less than the earliest
possible Scheduled Payment Date designated for each Biller. When scheduling
payments you must select a Scheduled Payment Date that is no later than the
actual Due Date reflected on your Biller statement unless the Due Date falls on
a non-Business Day. If the actual Due Date falls on a non-Business Day, you
must select a Scheduled Payment Date that is at least one (1) Business Day
before the actual Due Date. Scheduled Payment Dates must be prior to any late
date or grace period. Depending on the method of payment, your Eligible
Transaction Account may be debited prior to the Scheduled Payment Date. For example, if the selected method of
payment is a draft check drawn on your account, the draft check arrives earlier than the Scheduled Payment Date
due to expedited delivery by the postal service, and the Biller immediately
deposits the draft check, your Eligible Transaction Account may be debited earlier
than the Scheduled Payment Date.
3 The Service Guarantee. Due to circumstances beyond the control of the
Service, particularly delays in handling and posting payments by Billers or
financial institutions, some transactions may take longer to be credited to
your account. The Service will bear responsibility for any late payment related
charges up to $50.00 should a payment post after its Due Date as long as the
payment was scheduled in accordance with Section 2 of the Bill Payment
Terms (Payment Scheduling).
4 Payment Authorization and Payment
Remittance. By providing the Service
with names and account information of Billers to whom you wish to direct
payments, you authorize the Service to follow the Payment Instructions that it
receives through the Site. In order to process payments more efficiently and
effectively, the Service may edit or alter payment data or data formats in
accordance with Biller directives.
When the Service receives a Payment
Instruction, you authorize the Service to debit your Eligible Transaction
Account and remit funds on your behalf so that the funds arrive as close as
reasonably possible to the Scheduled Payment Date designated by you. You also
authorize the Service to credit your Eligible Transaction Account for payments
returned to the Service by the United States Postal Service or Biller, or
payments remitted to you on behalf of another authorized user of the Service.
The Service will attempt to make all
your payments properly. However, the Service shall incur no liability and any
Service Guarantee (as described in Section 3 of the Bill Payment Terms) shall
be void if the Service is unable to complete any payments initiated by you
because of the existence of any one or more of the following circumstances:
- If, through no fault of the Service, your
Eligible Transaction Account does not contain sufficient funds to complete
the transaction or the transaction would exceed the credit limit of your
overdraft account;
- The payment processing center is not working properly
and you know or have been advised by the Service about the malfunction
before you execute the transaction;
- You have not provided the Service with the
correct Eligible Transaction Account information, or the correct name,
address, phone number, or account information for the Biller; and/or,
- Circumstances beyond control of the Service (such
as, but not limited to, fire, flood, or interference from an outside
force) prevent the proper execution of the transaction and the Service has
taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing
exceptions are applicable, if the Service causes an incorrect amount of funds
to be removed from your Eligible Transaction Account or causes funds from your
Eligible Transaction Account to be directed to a Biller which does not comply
with your Payment Instructions, the Service shall be responsible for returning
the improperly transferred funds to your Eligible Transaction Account, and for
directing to the proper Biller any previously misdirected transactions, and, if
applicable, for any late payment related charges.
5 Payment Cancellation Requests. You may cancel or edit any Scheduled Payment
(including recurring payments) by following the directions within the portion
of the Site through which the Service is offered. There is no charge for
canceling or editing a Scheduled Payment. Once the Service has begun processing
a payment it cannot be cancelled or edited, therefore a stop payment request
must be submitted.
6 Stop Payment Requests. The Service's ability to process a stop payment
request will depend on the payment method and whether or not a check has
cleared. The Service may also not have a reasonable opportunity to act on any
stop payment request after a payment has been processed. If you desire to stop
any payment that has already been processed, you must contact customer care for
the Service in the manner set forth in Section 22 of the General Terms above.
Although the Service will attempt to accommodate your request, the Service will
have no liability for failing to do so. The Service may also require you to
present your request in writing within fourteen (14) days. The charge for each
stop payment request will be the current charge for such service as set out in
the applicable fee schedule.
7 Exception Payments Requests. Exception Payments may be scheduled through the
Service, however Exception Payments are discouraged and must be scheduled at
your own risk. Except as required by applicable law, in no event shall the
Service be liable for any claims or damages resulting from your scheduling of
Exception Payments. The Service Guarantee (as described in Section 3 of the
Bill Payment Terms) does not apply to Exception Payments.
8 Bill Delivery and Presentment. The Service includes a feature that electronically
presents you with electronic bills from select Billers. Electronic bills may
not be available from all of your Billers. Electronic bills are provided as a
convenience only, and you remain solely responsible for contacting your Billers
directly if you do not receive their statements. In addition, if you elect to
activate one of the Service's electronic bill options, you also agree to the
following:
1.
Presentation of
electronic bills – You will receive electronic bills from a Biller only if
both: (a) you have designated it in the Service as one of your Billers, and (b)
the Biller has arranged with our Service Provider to deliver electronic bills.
The Service may then present you with electronic bills from that Biller if either:
(1) you affirmatively elect online within the Service to receive electronic
bills from the Biller, or (2) the Biller chooses to send you electronic bills
on a temporary “trial basis.” In either case, you can elect online within the
Service to stop receiving electronic bills from a Biller. Electing to receive
electronic bills, automatically receiving trial electronic bills, and declining
further elected or trial electronic bills all occur on an individual Biller
basis. The Service does not include an option to prevent ever participating in
the automatic trial electronic bill feature. When affirmatively electing to
receive electronic bills from a particular Biller, you may be presented with
terms from that Biller for your acceptance. We are not a party to such terms.
2.
Paper Copies of
electronic bills – If you start receiving electronic bills from a Biller, the
Biller may stop sending you paper or other statements. The ability to receive a
paper copy of your statement(s) is at the sole discretion of the Biller. Check
with the individual Biller regarding your ability to obtain paper copies of
electronic bills on a regular or as-requested basis.
3.
Sharing
Information with Billers – You authorize us to share identifying personal
information about you (such as name, address, telephone number, Biller account
number) with companies that you have identified as your Billers and which we
have identified as offering electronic bills for purposes of matching your
identity on the Service’s records and the Biller’s records to (a) activate your
affirmative request for electronic bills, and/or (b) confirm your eligibility
for “trial basis” electronic bills.
4.
Information held
by the Biller. We are unable to update or change your personal information such
as, but not limited to, name, address, phone numbers and email addresses, that is held by the Biller. Any changes will
require you to contact the Biller directly. Additionally it is your
responsibility to maintain all usernames and passwords for all electronic
Biller sites. You also agree not to use someone else's information to gain
unauthorized access to another person's bill. We may, at the request of the
Biller, provide to the Biller your email address, service address, or other
data specifically requested by the Biller for purposes of the Biller matching
your identity against its records or informing you about the Biller’s services
and/or bill information.
5.
Activation. We
will notify the Biller of your request to receive electronic billing
information. The presentment of your first electronic bill may vary from Biller
to Biller and may take up to sixty (60) days, depending on the billing cycle of
each Biller. While your electronic bill feature is being activated it is your
responsibility to keep your accounts current. Each electronic Biller reserves
the right to accept or deny your request to receive electronic bills.
6.
Authorization to
obtain bill data. You authorize us to obtain bill data from your Billers that
you have requested to send you electronic bills, and from your Billers that
wish to send you trial electronic bills. For some Billers, you will be asked to
provide us with your user name and password for that Biller. By providing us
with such information, you authorize us to use the information to obtain your
bill data.
7.
Notification. We
will attempt to present all of your electronic bills promptly. In addition to
notification within the Service, we may send an e-mail notification to the
e-mail address listed for your account. It is your sole responsibility to
ensure that this information is accurate. In the event you do not receive
notification, it is your responsibility to periodically logon to the Service
and check on the delivery of new electronic bills. The time for notification
may vary from Biller to Biller. You are responsible for ensuring timely payment
of all bills.
8.
Cancellation of
electronic bill notification. The electronic Biller reserves the right to
cancel the presentment of electronic bills at any time. You may cancel
electronic bill presentment at any time. The timeframe for cancellation of your
electronic bill presentment may vary from Biller to Biller. It may take up to
sixty (60) days, depending on the billing cycle of each Biller. We will notify
your electronic Biller(s) as to the change in status of your account and it is
your sole responsibility to make arrangements for an alternative form of bill
delivery. We will not be responsible for presenting any electronic bills that
are already in process at the time of cancellation.
9.
Non-Delivery of
electronic bill(s). You agree to hold us harmless should the Biller fail to
deliver your statement(s). You are responsible for ensuring timely payment of
all bills. Copies of previously delivered bills must be requested from the
Biller directly.
10.
Accuracy and
dispute of electronic bill. We are not responsible for the accuracy of your
electronic bill(s). We are only responsible for presenting the information we
receive from the Biller. Any discrepancies or disputes regarding the accuracy
of your electronic bill summary or detail must be directly addressed and
resolved with the Biller by you.
This Agreement does not alter your
liability or obligations that currently exist between you and your Billers.
9 Disclosure of Account Information
to Third Parties. It is our general
policy to treat your account information as confidential. However, we will
disclose information to third parties about your account or the transactions
you make in the following situations pursuant to our Privacy Policy (as further
described in Section 10 (Your Privacy) of the General Terms), in addition to
the circumstances set forth in Section 20 of the General Terms (Information
Authorization):
1. Where it is necessary for completing
transactions;
2. Where it is necessary for activating
additional services;
3. In order to verify the existence and condition
of your account to a third party, such as a credit bureau or Biller;
4. To a consumer reporting agency for research
purposes only;
5. In order to comply with a governmental agency
or court orders; or,
6. If you give us your written permission.
10 Service Fees and Additional
Charges. You are responsible for
paying all fees associated with your use of the Service. Applicable fees will
be disclosed in the user interface for, or elsewhere within, the Service or
Site. Any applicable fees will be charged regardless of whether the Service was
used, except for fees that are specifically use-based. Use-based fees for the
Service will be charged against the Billing Account. There may be a charge
for additional transactions and other optional services. You agree to pay such
charges and authorize the Service to deduct the calculated amount from your
designated Billing Account. Any financial fees associated with your standard
deposit accounts will continue to apply. You are responsible for any and all
telephone access fees and Internet service fees that may be assessed by your
telephone and Internet service provider. Section 18 of the General Terms
(Failed Or Returned Payment Instructions) applies if
you do not pay our fees and charges for the Service, including without
limitation if we debit the Billing Account for such fees, as described in this
Section, and there are insufficient funds in the Billing Account.
11 Biller Limitation. The Service reserves the right to refuse to pay any
Biller to whom you may direct a payment. As required by applicable law, the
Service will notify you promptly if it decides to refuse to pay a Biller
designated by you.
12 Returned Payments. In using the Service, you understand that Billers
and/or the United States Postal Service may return payments to the Service for
various reasons such as, but not limited to, Biller's forwarding address
expired; Biller account number is not valid; Biller is unable to locate
account; or Biller account is paid in full. The Service will attempt to
research and correct the returned payment and return it to your Biller, or void
the payment and credit your Eligible Transaction Account. You may receive
notification from the Service.
13 Information Authorization. In addition to Section 20 of the General Terms
(Information Authorization), you agree that the Service reserves the right to
obtain financial information regarding your account from a Biller or your
financial institution (for example, to resolve payment posting problems or for
verification).
14 Bill Capture. The following Bill Capture terms and conditions in this Section 14 (Bill Capture) only apply to Bill Capture (as defined below). If Bill Capture is not available to you within our mobile banking application, then this Section 14 (Bill Capture) does not apply.
Bill Capture. Your use of our mobile banking application may include the ability to add bill payment payees by utilizing your mobile phone to take pictures of your paper bills ("Bill Capture"). Once you take the picture, Bill Capture extracts and prefills Biller information such as the name, address and account number of the Biller into our mobile banking app for use with the Service, or matches the bill to an existing Biller and prefills the amount due and due date. Bill Capture is subject to the following terms:
1. You shall use Bill Capture only for your own use in accordance with the terms of this Agreement;
2. We do not guarantee that your mobile device will be compatible with Bill Capture; and
3. You bear sole responsibility for confirming that the information captured by Bill Capture matches the information on the applicable bill pay stub, and in no event will we be liable for any results from your use of extracted data from Bill Capture with the Services, including, without limitation, any late fees for payments sent to an improper Biller or improper account.
15 Bill Discovery. The following Bill Discovery terms and conditions in this Section 15 (Bill Discovery) only apply to Bill Discovery (as defined below). If Bill Discovery is not available to you from our Site, then this Section 15 (Bill Discovery) does not apply.
Bill Discovery. The bill discovery feature (“Bill Discovery”) enables the automatic searching, identification, and retrieval of information about your Billers and bills based on matching information about your identity. In order to enable Bill Discovery, you will need to authorize the Service to access and use information from your consumer report from a credit bureau and/or our Biller network in order for Bill Discovery to identify potential matches. By providing your consent within the Bill Discovery portion of the Site, you authorize the Service to access and use such information until you withdraw your consent. You may withdraw your consent within the Bill Discovery portion of the Site at any time. If Bill Discovery has identified Biller matches, the Service will allow you to add these Billers to your user profile. New Billers added through Bill Discovery are subject to Section 8 (Bill Delivery and Presentment) of the Bill Payment Terms.
16 Payment Methods.In addition to the payment methods set forth in Section 15 (Payment Methods and Amounts) in the General Terms, certain Service payments may be processed using a prepaid, single-use virtual card. Single-use cards provide a fast and secure way for your payment to be delivered. Please note in the event your payment is processed using a virtual card, you will not recognize the payment method and/or card numbers on any payment confirmation communication you may receive from your Biller.
17 Definitions.
"Biller" is the person or
entity to which you wish a bill payment to be directed or is the person or
entity from which you receive electronic bills, as the case may be.
"Billing Account" is the
checking account from which all Service fees will be automatically debited.
"Due Date" is the date
reflected on your Biller statement for which the payment is due, not the late
payment date or the date beginning or a date during any grace period.
"Eligible Transaction
Account" is as defined in Section 36 of the General Terms, except that it
shall be limited to an account that you hold with us, and from which bill
payments will be debited.
"Exception Payments" means
payments to deposit accounts or brokerage accounts, payments to settle
securities transactions (including, without limitation, stocks, bonds,
securities, futures (forex), options, or an investment interest in any entity
or property).
"Payment Instruction" is as
defined in Section 36 of the General Terms, and is further defined as the
information provided by you to the Service for a bill payment to be made to the
Biller (such as, but not limited to, Biller name, Biller account number, and
Scheduled Payment Date).
"Scheduled Payment" is a
payment that has been scheduled through the Service but has not begun
processing.
"Scheduled Payment Date" is
the day you want your Biller to receive your bill payment, unless the Scheduled
Payment Date falls on a non-Business Day in which case it will be considered to
be the previous Business Day.
PRIVACY POLICY (for
Bill Presentment, Bill Payment, Account-to-Account (A2A) Transfers and
Person-to-Person (P2P) Payments Services)
Last updated
March 27, 2024
1.
Introduction. The following privacy disclosures are
provided by CharterWest Bank (hereinafter "we" or "us") in
connection with the Bill Payment and Bill Presentment Services, and as
applicable, the Account-to-Account (A2A) and Person-to-Person (P2P) Payments
Services (collectively, the "Services") offered through our online
banking site (the "Site"), and describe the types of "Personal
Information" (information that is identifiable to a particular person)
that we (directly or through our service providers) collect in connection with
the Services, and how we use, share and protect that Personal Information.
These disclosures supplement the disclosures that you have already been
provided in connection with our Site and the other services offered through the
Site. Some of this information is required by U.S. federal law or other law.
Please read this Privacy Policy carefully to understand what we do.
2.
Eligibility. The Site and the Services are offered
pursuant to the restrictions and eligibility requirements as described in the
Terms of Service or other disclosures on the Site. We do not knowingly offer
the Services to nor collect any Personal Information from or about individuals
under 18 years of age. Please do not submit such information to us, and as a
parent or legal guardian, please do not allow your children to submit personal
information without your permission. By using the Site and/or the Services, you
represent that you meet these requirements and that you agree to the terms of
this Privacy Policy.
3.
Scope. This Privacy Policy applies only to
the Services as offered on this Site. For more details
on what your rights and obligations are when using the Services, please also
refer to the Terms of Service and other notices and disclosures regarding the
Services. See the Site home page for disclosures regarding the rest of the
Site.
4.
Cookies,
Browser Information and Related Issues.
a.
When
you visit the Site or use the Services, we may receive certain standard
information that your browser sends to every website you visit, such as the
originating IP address, browser type and language, access times and referring
website addresses, and other such information. This data may be used, among
other uses, to improve the operation of the Site and Services and to improve
the security of the Site and Services by assisting in
"authenticating" who you are when you access the Site or Services,
particularly if you register for a Service and are issued or create a username
and password.
b.
We
may also receive additional information about your visit to the portion of the
Site that hosts the Services, including the pages you view, the links you click
and other actions you take. This data may be used among other uses to improve
the operation of the Services and the portion of the Site that hosts the
Services.
c.
Like
most websites, the portion of the Site that hosts the Services uses
"cookies," which are small data files placed on your computer or
other device by the web server when you visit the Site. Most such cookies are
"session" cookies that are only used for a specific period during
which you are on the Site in order to maintain the session, but a few are
"persistent" cookies that stay on your device and are read by the web
server when you return to the Site(unless you erase
them). The portion of the Site that hosts the Services uses cookies to store
your preferences and other information on your device in
order to recognize the device through which you accessed the Site for
security purposes and to save you time by eliminating the need to repeatedly
enter the same information, and to display your personalized content on your
later visits. These cookies may be linked to Personal Information about you,
such as your email address. We may also use cookies on an aggregated basis to
see which parts of the Site and Service our customers use and do not use.
Cookies will not be used to deliver or run programs on your device. Most web
browsers automatically accept cookies, but you can modify your browser settings
to decline cookies if you prefer. However, if you choose to decline cookies,
you may not be able to sign in (or you may need to take additional steps to
sign in) or you may not be able to use other interactive features of the
Services that depend on cookies.
d.
We
may also receive additional technical data about the device being used to
access the Site or Services ("Device Data") (such as device IDs,
device models, operating system version, application types and versions,
browser type, language, and plug-ins, originating IP address, and time zone and
geolocation information). Device Data may be used as part of our security
controls to uniquely identify the device, authenticate the user when accessing
the Site and Services, and shared (along with information about any fraudulent
transactions using the device) with one or more third party service providers,
that will compare and add the Device Data and fraud data from and about you to
a database of similar device and fraud information in order to provide fraud
management and prevention services, which include, but are not limited to,
identifying and blocking access to the Services by devices associated with
fraudulent or abusive activity. We will not share with service providers any
information that personally identifies the user of the applicable device.
e.
With
respect to personally identifiable information about an individual consumer's
online activities over time and across different Web sites or online services
when a consumer uses this Service, except as required by law: (1) parties other
than the operator of this Service are not permitted to collect such
information, and (2) the operator of this Service does not collect such
information (except any such information that is reasonably necessary to
process and document user transactions, such as payment history). Therefore,
this Service has no need to respond and does not respond to Web browser
"do not track" signals or other mechanisms that provide consumers the
ability to exercise choice regarding the collection of such information.
5.
What
Types of Personal Information We May Collect. In addition to the types of
information described in Section 4 above, we may also collect Personal
Information about you. This information may include:
a.
Social
Security number, date of birth, name, postal address, email address, telephone
number, and other information that we can use to contact you, verify your
identity, and manage risks, such as information maintained about you by
identity verification services and consumer reporting agencies, including
credit bureaus;
b.
names
of billers for bills that you would like to view and/or pay online, contact
information for those billers, and billing account information, including
billing account numbers;
c.
name,
email address and telephone number that you provide us for other persons to
whom you would like to send payments;
d.
bank
account information (checking, money market or other direct deposit account,
credit card account, or debit card account) including any required routing
information, account numbers, transaction history, card expiration date and
billing address for accounts that you designate for funding or receiving
payments, fees, debits and credits for the Services;
e.
username,
password, secret questions and secret answers for resetting passwords, and
other authentication credentialing used to verify that only authorized users
access the Services;
f.
any
Personal Information that you may enter in response to surveys about the
Services or into information blocks within in the Services; and
g.
payment
and other transaction information, payment information and other transaction
history for payments and other transactions in which you participate through
the Services;
6.
How
We May Collect Personal Information About You. We may collect Personal Information
about you from the following sources:
a.
Enrollment
applications, survey responses, and other electronic or paper forms that you
fill out in connection with the Services;
b.
Your
use of the Site and Services (such as when you send a payment or initiate a
payment instruction), and your interactions with customer care, including
information you enter or speak, and information transmitted by your computer,
mobile phones and other devices you use to connect to the Site or Services; and
c.
We
also collect Personal Information about you from others, as permitted by law,
such as individuals financial institutions using the Services, credit bureaus, Affiliates or other companies (such as identity verification
services and consumer reporting agencies, and companies (such as your billers)
that provide content (such as electronic bills) to the Services).
7.
How
We May Share Personal Information About You. We share Personal Information about you only
as permitted by law. For Personal Information that is nonpublic and that we
collect in connection with a financial service, U.S. federal law permits us to
share the information only for the purposes shown in the table below:
|
Reasons we can share your Personal
Information |
Do We share? |
Can you limit this sharing? |
|
a.
For our everyday business purposes -
such as to process your transactions, maintain your accounts, respond to
court orders and legal investigations, and report to credit bureaus; |
Yes |
No |
|
b.
For our marketing purposes - to offer
our products and services to you; |
Yes |
No |
|
c.
For Joint Marketing with other
financial companies; |
Yes |
No |
|
d.
For our Affiliates' everyday business
purposes (information about your transactions and experiences); |
Yes |
No |
|
e.
For our Affiliates' everyday business
purposes (information about your creditworthiness); |
No |
We
Do Not Share |
|
f.
For our Affiliates to market to you; |
No |
We
Do Not Share |
|
g.
For Nonaffiliates to market to you |
No |
We
Do Not Share |
8.
Before
we can lawfully share such Personal Information as described in (e), (f) or
(g), we are required to offer you an opportunity to opt out, and we will do so
if we ever intend to share such Personal Information. For California residents,
and for residents of any other states where it is required, we will obtain your
consent prior to sharing Personal Information as described in (g) unless
otherwise required or permitted by law. We may lawfully share such Personal
Information as described in (a), (b), (c) and (d) without offering an opt-out,
and we may do so. For example, to process your transactions (an "everyday
business purpose"), we may share a small amount of Personal Information
about you to a biller to whom you send a payment, or a Receiver identified in
your Payment Instructions, including your name, email address, telephone number
and anything you type into the "message" field, or to a Sender who
has sent you a payment that you accepted (including your name, email address, telephone
number, and the payment amount). However, the Terms of Service require a person
who receives information about another person through the Services to keep the
information confidential and only use it in connection with the Services.
9.
We
may share certain Personal Information and Device Data about you and your
devices with third party service providers, who will compare and add the Device
Data and fraud data from and about you to a database of similar device and
fraud information in order to provide fraud management and prevention services,
which include, but are not limited to, identifying and blocking access to the
applicable Service or Site by devices associated with fraudulent or abusive
activity. Such information may be used by us and our third
party service providers to provide similar fraud management and
prevention services for services or Web sites not provided by us. We will not
share with service providers any information that personally identifies the
user of the applicable device.
10.
Identity
and Location Verification: You authorize your wireless carrier to disclose
information about your account, such as subscriber status, payment method and
device details, if available, to support identity verification, fraud avoidance
and other uses in support of transactions for the duration of your business
relationship with us. This information may also be shared with other companies
to support your transactions with us and for identity verification and fraud
avoidance purposes.
11.
In
the “Lookup” feature of the P2P Service, other users of the Service who enter
your contact information will be shown whether or not
you are “In-Network” (a registered user of the Service).
12.
How
We May Use Personal Information About You. We use Personal Information about you only as
permitted by law, including but not limited to the following purposes:
a.
To
complete transactions and render services authorized by you;
b.
Other
everyday business purposes of ourselves and our Affiliates, such as to maintain
your accounts, to authenticate you when you log in, to send you information
about the Services that you have subscribed to and other Services offered on
the Site, to effect, administer and enforce transactions, to perform fraud
screening, to prevent actual and potential fraud and unauthorized transactions,
to verify your identity, to determine your transaction limits, to determine
your credit history, to report to credit bureaus, to perform collections, to
comply with laws, regulations, court orders and lawful instructions from
government agencies, to protect the personal safety of subscribers and the
public, to prevent and defend claims, to resolve disputes, to troubleshoot
problems, to enforce our Terms of Service, to protect our rights and property,
and to customize, measure, and improve the Services and the content and layout
of the Site including pattern recognition, modeling, enhancement and
improvement, system analysis, and Service performance analysis; and
c.
For
marketing purposes - to offer products and services to you, although you may
opt-out of receiving commercial email marketing messages from us by following
the opt-out processes described in those messages.
13.
Other
Important Information.
California: Under California law, we will not
share information we collect about you with Nonaffiliates, unless the law
allows. For example, we may share information with your consent, to service
your accounts, or to provide rewards or benefits you are entitled to. We will
limit sharing among our Affiliates to the extent required by California law.
Vermont: Under Vermont law, we will not share
information we collect about Vermont residents with companies outside of our
Affiliates, unless the law allows. We will not share information about your
creditworthiness with our Affiliates except with your consent, but we may share
information about our transactions or experiences with you with our Affiliates
without your consent.
14.
Definitions.
a.
Affiliates:
Companies related by common ownership or control. They can be financial or
nonfinancial companies.
b.
Nonaffiliates:
Companies not related by common ownership or control. They can be financial or
nonfinancial companies.
c.
Joint
Marketing: A formal agreement between nonaffiliated financial companies that
together market financial products or services to you.
15.
Updating
Information About You.
You may update the Personal Information maintained about you by contacting us
at 800-877-8021
16.
How
We Protect Personal Information About You. To protect Personal Information about you from
unauthorized access and use, we maintain physical, electronic, and procedural
safeguards, including but not limited to security measures that comply with
applicable federal and state laws. We also require our service providers and
business partners to whom we disclose the information to do the same.
17.
Protection
for Former Customers.
When you are no longer using the Services, we continue to protect, use, and
share Personal Information about you as described in this Privacy Policy and as
required by law.
18.
Keeping
Up to Date with Our Privacy Policy. We may amend this Privacy Policy at any time
by posting a revised version on the Site, which will be effective at the time
it is posted unless a delayed effective date is expressly stated in the
revision. You may (in our discretion) also be provided with an email
notification of such amendments. You may (in our discretion) be required to
affirmatively acknowledge or accept the revised Privacy Policy in order to continue using the Services. Any use of the
Services after a notice of change (whether by Site posting, email, or express
acknowledgment or acceptance) will constitute your express agreement to such
changes.
19.
Contacting
Us. If you have any
questions about this Privacy Policy, you may contact us at :
In writing: CharterWest Bank
ATTN: Privacy Management
201 South Main
PO Box 288
West Point, NE 68788
Email: customerservice@charterwest.com
Telephone number: 800-877-8021