E-Sign Disclosure And Consent For Electronic Records And Signatures

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.

 

1. Consent to use electronic records and signatures; consent to receive Communications. In our sole discretion, the Communications we provide to you, or that you sign or agree to at our request, may be in electronic form (“Electronic or Online Records”). Examples of types of Communications that we may send as Electronic or Online Records covered by your consent and governed by this Disclosure include, but are not limited to:

 

1. This Disclosure;
2. Our Online Statement User Agreement, Online Banking Services Agreement and other applicable service or user agreements or terms and conditions for online access to our Online Banking Services;
3. Communications related to any Popular Product, including account products;
4. Periodic account and activity statements, terms and conditions, disclosures and notices, including our Privacy Policy, that we provide to you concerning your Popular Products;
5. Tax notices or reporting statements;
6. Any notice or disclosure regarding fees or assessments of any kind, including late fees or overdraft fees;
7. Notices of amendments or notices of change in terms to any of the foregoing with us; and/or
8. Other disclosures and notices that we are legally required to provide to you, or choose to provide to you in our discretion.

 

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.

 

2. Option to receive paper copies.  If we provide Electronic or Online Records to you, and you want or require a paper copy, you may request that we send you a paper copy of a Communication by contacting our Customer Care Center at 1.800.274.5696. Please note that fees will apply if said request is made and that your request is subject to our retention policies. You also may find the appropriate contact information in the account statement or agreement for the Popular Product related to the Electronic or Online Record. Please refer to the Schedule of Fees for any fee that may apply for paper copies.

 

3. Consent applies to all Popular Products. Your consent applies to all Communications relating to any Popular Product. Your consent remains in effect until you give us notice that you are withdrawing it. From time to time, you may seek to obtain a new Popular Product from us. When you do, we may remind you that you have already given us your consent to use Electronic or Online Records and signatures. If you decide not to use Electronic or Online Records and signatures in connection with such new Popular Product, your decision does not mean you have withdrawn this consent for any other Popular Product. You agree that we may satisfy our obligation to provide you with an annual copy of our Privacy Policy by keeping it available for review on our applicable website, or, with prior notice to you, on another website where we offer Online Banking Services.

 

4. Withdrawing your consent. You have the right to withdraw your consent at any time. Please be aware, however, that withdrawal of consent may result in the termination of:

 

• your access to certain of our Online Banking Services, including online banking, and
• your ability to use certain Popular

 

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:

• If you are enrolled in Online Banking services, you must contact our Customer Care Center at 1.800.274.5696.
• If you are not enrolled in Online Banking services, you must contact our Customer Care Center at 1.800.274.5696.

It may take up to two statement cycles to begin receiving your applicable paper statements by mail again.

5. Your responsibilities relative to your contact information. You must promptly notify us of any change in your email or other electronic address. You may change the e-mail address on record for you by going to the Account Services page within your online service and updating your contact information. If you have given us another type of electronic address, such as a mobile phone number for SMS text messages, you may change that address by going to the account management page for each Popular Product you have linked to that address. There may be other special Popular Products for which we provide separate instructions to update your e-mail or other electronic address. You understand and agree that the email address we will use to notify you that a Communication is available is the address on file for your applicable Popular Product(s) and that it is your sole responsibility to keep this email address current (in addition to maintaining other contact information relative to your applicable account(s) up-to-date). You can do so by updating your information within our Online Banking Services or by calling our Customer Care Center at 1.800.274.5696.

 

6. Hardware and software requirements. To receive Electronic or Online Records, you must have access to:

 

• a Current Version (defined below) of an Internet browser we support;
• a connection to the Internet;
• a Current Version of a program that accurately reads and displays PDF files (such as Adobe Acrobat Reader®); and
• a computer and an operating system capable of supporting all of the above. You will also need a printer if you wish to print out and retain records on paper, and electronic storage if you wish to retain records in electronic form.

 

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.
 
From time to time, we may offer services or features that require that your Internet browser be configured in a particular way, such as permitting the use of JavaScript or cookies. If we detect that your Internet browser is not properly configured, we will provide you with a notice and advice on how to update your configuration. We reserve the right to discontinue support of a Current Version of software if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for use with our Online Banking Services. 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 Electronic or Online Records, 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. 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 Electronic or Online Records, 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 Popular Products.