This Popular Direct Online Communications Consent and Agreement (this "Agreement") between you and Popular Bank (referred to herein as “we,” “us,” “our” or the “Bank”) is made a part of and incorporated into the Popular Direct Online Banking Service Agreement (the "Service Agreement") you have entered into with us. This Agreement will govern your receipt of online account statements (“Online Statement(s)” or “Popular Direct Online Statement(s)”) for your applicable Popular Direct account(s) (“Popular Direct Account(s)”) and is separate from the E-SIGN DISCLOSURE AND CONSENT FOR ELECTRONIC RECORDS AND SIGNATURES form (“E-Sign Disclosure”) that you agreed to in connection with opening your Popular Direct Account(s). This Agreement will not impact your E-Sign consent for all other Communications and Electronic or Online Records (each as defined in the E-Sign Disclosure).
Consent to Electronic Delivery of Account Statements and Communications
By entering into this Agreement, you understand that we will cease providing you with monthly, printed account statements or other applicable communications mailed to your mailing address of record, and that all future account statements or applicable Communications will be maintained on a website that you may access to obtain, review, print and otherwise copy/download your statements or Communications. Each month we will send a notice to you via email advising you of the availability of your Popular Direct Online Statement (or, as applicable, if a Communication is available for your review). You may then access your Online Statement or applicable Communication via a link to our website using the procedures we authorize. You agree to notify us immediately, via telephone or email of any change in your email address.
Timing and Review. Your Online Statement or applicable Communication will be dated the day of the email notifying you of its availability (the “Email Date”). You agree to promptly access/review your Online Statement or applicable Communication and any accompanying items and notify the Bank in writing within the applicable time period specified in your Personal Banking Disclosure and Agreement for Popular Direct Products of any error or other irregularity. If you allow someone else to access/review your Online Statement or applicable Communication, you are still fully responsible to access/review such document for any errors or other irregularities. Any applicable time periods within which you must notify us of an error on your applicable account statement(s) shall begin on the Email Date regardless of when you receive and/or open the Online Statement.
Security. You understand the importance of your role in preventing misuse of your applicable Popular Direct Accounts and you agree to promptly examine your Online Statement(s) or applicable Communication(s) for each of your accounts as soon as you receive/access to it. You agree to protect the confidentiality of your Popular Direct Account(s) and account number, and your user ID and password. You understand that your user ID and password by itself or together with information related to your Popular Direct Account(s), may allow unauthorized access to such account(s). Data transferred to you via Online Statement or applicable Communication is not encrypted. You acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the Internet, or e-mail transmitted to and from us, will not be monitored or read by others.
Password Security. For security reasons, we will require the use of an individualized password to gain access to your Popular Direct Online Statement(s) or applicable Communications. If you incorrectly enter your password three times you will be prevented from access to Online Statements or applicable Communications. If you are prevented access due to incorrect password, please contact us at 1.800.274.5696. Your logon password is confidential information that should be known only by you. If anyone contacts you and requests this information, contact us immediately. You are solely responsible for keeping your logon password confidential.
Updating Your Contact Information
You understand and agree that the email address we will use to notify you that an Online Statement or applicable Communication is available is the address in our records for your applicable Popular Direct Account(s) and that it is your sole responsibility to maintain your email address as well as other contact information relative to your applicable account(s) both current and accurate. You can do so by updating your information within Popular Direct Online Banking or by calling our Customer Care Center at 1.800.274.5696.
Withdrawing Electronic Consent
After you consent to the information provided in this Agreement, you will still be able to apply to receive paper versions of account statements or Communications by withdrawing your consent to electronically receive Online Statements or Communications at any time either online through the Online Banking Service by logging in and changing your Communications preferences or by calling our Customer Care Center at 1.800.274.5696. It may take up to two statement cycles to begin receiving your paper statements by mail again.
Hardware and Software Requirements
To receive Online Statements or Communications, you must have access to:
You must also have an active email address in order to receive notifications. 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 Online Statements or 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, including relative to Online Statements or applicable Communications. 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 “PDF” files.
If our hardware or software requirements change, and that change would create a material risk that you would not be able to access or retain your Online Statements or applicable Communications, we will give you notice of the revised hardware or software requirements. Continuing to use Online Banking Services after receiving notice of the change is reaffirmation of your consent.
Online Communication Archives
After you enroll a Popular Direct Account for Online Statements or applicable Communications, we will begin archiving your Online Statements and applicable Communications for a maximum of eighteen (18) consecutive months. In the nineteenth (19th) month of archiving, the first month’s archived Online Statement or applicable Communication (i.e. the oldest document by date) will be deleted. Importantly, tax documents are archived for two (2) years. To access more than eighteen (18) months of Online Statements or applicable Communications, you must either save them to your computer, or print them and save them in paper form. Whether you save electronic versions or print paper versions of your Online Statements or applicable Communications, it is always your sole responsibility to keep them and the personal information contained in them safe and secure.
Special Provisions for Joint Accounts; Customers with Multiple Accounts
For joint accounts, either account owner (or an authorized signer) may enroll in Online Statements and Communications, in which case paper versions of your applicable Popular Direct Account statements and Communications will no longer be sent to either account owner. However, if any joint account owner requests to receive paper versions of statements and Communications, both joint account owners must withdraw consent in order to start receiving paper versions of statements and Communications.
You may request to receive combined Online Statements by contacting our Customer Care Center at 1.800.274.5696. This type of account statement allows you to review information on more than one Popular Direct Account on the same account statement (your applicable certificate of deposit and savings accounts, for example). In order to view your combined Online Statement, you must access it through your primary account. The primary account will be designated as available for Online Statements and Communications. In this case, enrolling the primary account for Online Statements will also cause the secondary account(s) to appear on the combined Statements to be enrolled to receive Online Statements and Communications. If you are currently receiving paper combined Statements, you will continue to receive them in that manner.
Limitation of Liability
You understand and agree that your sole and exclusive remedy for any failure or non-performance of the Service described herein for your applicable Popular Direct Accounts shall be for us to make reasonable efforts to enable you to make proper use of the services pertaining to your applicable Popular Direct Account (s).
Confirmation and Consent
You agree to receive electronically this Agreement and Online Statements and Communications. Your consent remains in effect until you give us notice that you are withdrawing it. By providing your electronic consent, you are confirming that you have the hardware and software described above, that you are able to access and review Online Statements and Communications, and that you have an active email account. You are also confirming that you are authorized to, and do, consent on behalf of all the other account owners, authorized signers, authorized representatives, delegates, product owners and/or service users identified with your Bank products.