Popular Bank (also referred to herein as “we,” “us,” “Popular” and “our”) is required by law to provide to you certain information in writing. We may provide this written information to you electronically with your prior consent. We also require your consent to use electronic records and signatures in our relationship(s) with you. Before you use any of our Online Banking Services you must review and consent to the terms outlined below in this E-Sign Disclosure and Consent for Electronic Records and Signatures (this “Disclosure”). In this Disclosure: (i) “You” and “your” means the person giving this consent, and also each additional account owner, authorized signer, authorized representative and/or service user identified on any Popular Product that you apply for, use or access, as applicable; (ii) “Communications” means any communication, disclosure, notice, agreement, fee schedule, policy, terms and conditions, statement, record, document, and other information we provide to you, or that you sign or submit or agree to at our request; (iii) “Online Banking Service” means any and each and every product and service we offer that you apply for, use, administer or access, as applicable, including account products, using the Internet, a website, email, messaging services (including SMS text messaging) and/or any software applications (including applications for and accessed through or by any mobile or hand-held devices), either now or in the future; and (iv) “Popular Product” means any and each and every account, product or service we offer that you apply for, own, use, administer or access, as applicable, either now or in the future. Popular Products include Online Banking Services.
We may also use electronic signatures and obtain them from you as part of our transactions with you. Electronic or Online Records may be delivered to you via e-mail, by accessing your applicable Popular Products through a hand-held or mobile device, via SMS text message and/or by logging in to our Online Banking Services. In some cases, you will be able to choose whether to receive certain Communications electronically, or on paper, or both. We will provide you with instructions on how to make those choices when they are available. We may, in our sole discretion, provide you with any Communication in writing, even if you have chosen to receive it electronically. Sometimes applicable law, or our agreement with you, requires you to provide us a written notice. You may be required to provide such notices to us on paper, unless we specifically tell you in a Communication how you may deliver that notice to us electronically. There may be certain Communications that by law we may not be permitted to deliver to you electronically, even with your consent. To the extent required by law, we will deliver any such Communications to you in paper form. However, if the law changes in the future and permits any of those Communications to be delivered as Electronic or Online Records, you agree that this consent will automatically cover those Communications as well. If you enroll for an Online Banking Service through one of our customer service representatives or using our equipment, as applicable, your enrollment may not be complete until you take additional action. We will advise you, at the time of your enrollment, of any additional action you must take. If you take the required action, it is an affirmation of your consent to use Electronic or Online Records and signatures under the terms of this Disclosure.
Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it. If you are receiving online account statements, the termination will cause paper statements to be mailed to you via the U.S. Postal Service or other courier. Depending on the specific Popular Product, if you withdraw consent we may charge higher or additional fees for that product or for services related to it. Please refer to the applicable agreement for any fee that may apply.
To withdraw your consent:
It may take up to two statement cycles to begin receiving your applicable paper statements by mail again.
You must also have an active email address. In some cases, you may also need a specific brand or type of device that can support a particular software application, including an application intended for particular mobile or handheld devices. By “Current Version,” we mean a version of the software that is currently being supported by its publisher. In order to view your applicable Communications, you must have at least the latest two versions of all known browsers. The Online Banking Services are also compatible with the latest two versions of all known browsers. You are responsible for obtaining, installing, maintaining and operating all necessary hardware, software, and internet access services necessary to use the Online Banking Services. We also require your browser to be, at a minimum, 128-bit encryption enabled. You must have software such as Adobe Acrobat Reader® version 8 and above (which can be obtained from www.adobe.com) for Communications that are “PDF” files. Your access to this Disclosure online verifies that your hardware, software, and browser meet these requirements.