Online Banking Disclosures

EFT Disclosure

CAP COM Federal Credit Union offers a number of convenient alternatives which allow you to perform transactions and obtain account information electronically. This disclosure explains the type of transactions that can be performed electronically as well as steps you must follow if your access device or access code is lost or stolen.

1. Liability Disclosure

1. Tell us at once if you believe your Access Card/code or other personal account access information has been lost, stolen, or disclosed to another person. You could lose all the money in your account (plus your maximum line-of-credit) so immediately telephoning is the best way to keep potential losses to a minimum. If notification is received within two (2) business days of discovering the loss or theft of your Access Card or code, you can lose no more than $50. You could lose as much as $500 if you fail to notify us within two (2) business days after you learn of the loss or theft of your Access Card or code.
2. Also, if your statement shows any electronic transactions that you did not make, you must tell us at once. If you do not tell us within sixty (60) calendar days from the statement mailing date, you may be held liable for the transactions.
3. If an extenuating circumstance (such as a long trip or hospital stay) kept you from telling us, we may extend the time periods.
4. If you believe your Access Card or code has been lost or stolen you must immediately call (800) 449-7728
5. If your Access Card or other account access information has been lost, stolen or disclosed to another person or if you believe that funds have been or may be electronically withdrawn from your account without your permission, call (518) 458-8986 or (800) 634-2340. You may also write to: CAP COM FCU, 4 Winners Circle, Albany, NY 12205-1168

2. Permissible Electronic Transactions:

I. Access Card Transactions:

1. You may use your Access Card to make cash withdrawals, deposits, or account transfers at participating ATM locations;
2. You may use your Card to conduct transactions at ATMs in foreign countries which will be made at the current exchange rate (some foreign ATMs will automatically deduct funds from your checking account);
3. You may use your Access Card to make online and in-store purchases (including cash-back transactions if permitted) at participating retailers and merchants that display the Visa® logo.

II. Phone Banking Transactions:

You may use phone banking to do the following:

1. Perform inquiries and verify transactions;
2. Withdraw funds (via check) from your savings, checking, money market, or club accounts;
3. Transfer funds between Credit Union accounts
4. Make Credit Union loan and Credit Union Visa^® payments;
5. Advance funds on lines-of-credit (if credit qualified); and

III. Connect-24 Transactions:

You may use Connect-24 (home banking) to perform the following:

1. Perform inquiries and verify transactions;
2. Transfer funds between Credit Union accounts;
3. Review account history for your savings, checking and loan accounts;
4. Electronically pay your bills using the bill payment option;
5. Obtain stock quotes and monitor your stock portfolio; and
6. Import your account information into personal financial management programs.

3. Limitations on Transactions:

1. The total daily amount you can withdraw through an ATM using your Access Card $810 (For this purpose, Friday, Saturday, and Sunday is considered as a single business day. Also, Federal Reserve Holidays are not considered business days);
2. The total amount available to you for purchases using your Access Card is equal to the available balance in your checking account plus your available checking account line-of-credit balance (as updated daily, Monday through Friday);
3. The total amount available to you for phone banking and Connect-24 transactions is limited to the available balance in your accounts and lines-of-credit.

4. Your Right to Receive Documentation of Transfers:

1. When you perform a transaction or make an inquiry at an ATM facility, you can receive a receipt detailing the transaction;
2. Receipts shall not be generated for phone banking or Connect-24 transactions however, you can immediately verify the accuracy of the transaction using the inquiry functions available on phone banking and Connect-24;
3. If you arrange to have direct deposit or payroll deduction made to your credit union account(s), you can contact us at (800) 468-5500 to determine if the deposit has been made. You can also verify such deposits using phone banking or Connect-24.
4. You have the option of receiving your periodic account statements electronically using Connect- 24 which provides you with 6 months of account history or by way of U.S. Mail. If you have your statement sent to you, you will receive a monthly or quarterly statement based upon your account activity; in any case, you will receive a quarterly statement.

5. Liability for Failure to Make Transfers:

If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. There are some exceptions, such as the following, for which the Credit Union will not be liable:

1. Through no fault of ours, you do not have enough money in your account to make the transfer;
2. The system was not working properly and you knew about the malfunction when you started the transfer;
3. Circumstances beyond our control (such as a fire or flood) prevented the transfer despite reasonable precautions that we have taken;
4. If the transfers would exceed the available credit limit on your line-of-credit;
5. The error occurred due to the third party bill payment company's failure to properly process a bill payment request;
6. You are notified of a temporary or permanent suspension of an EFT product or service and that EFT product or service is utilized; and
7. Any other exception arises as stated in our agreement with you.

6. Account Information Disclosure:

We will disclose information to third parties about your account or transfer you make;

1. Where it is necessary for completing the transaction;
2. In order to comply with a government agency or court order;
3. If you give us written permission; or
4. In order to verify the existence and conditions of your account for a third party such as a merchant or credit bureau.

7. Changes in this Agreement:

We may change the terms of this agreement from time to time, but will give you written notice of any such change. We may without notice, change the limits on the types and amounts of transactions which may be done with your access code.

8. Termination:

CAP COM FCU may terminate its permission for use an electronic access device at any time and without notice to you. This includes, but is not limited to, reserving the right to terminate our permission for your use of any access code or device in the event you do not agree to assist in the prosecution of an unauthorized user.

9. In Case of Errors or Questions About Your Electronic Fund Transfer (EFTs):

Telephone us at (518) 458-8986 or (800) 634-2340 or write us at 4 Winners Circle, Albany, New York, 12205 as soon as possible if you think your statement is incorrect or if you need additional information about a transaction listed on your statement. We must hear from you no later than sixty (60) calendar days after we sent you the FIRST statement on which the problem or error appeared.

1. Tell us your name and account number
2. Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information
3. Tell us the dollar amount of the suspected error

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will tell you the results of our investigation within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate an ATM or POB inquiry and up to ninety (90) days for a POS inquiry. For EFT questions or complaints on new accounts (as defined as accounts opened less than 30 days), we retain the right to take up to twenty (20) business days to investigate the error before providing provisional credit and up to ninety (90) days to complete the investigation. If we extend the investigation beyond ten (10) days (20 days for new accounts), we will credit your account for the amount you think is in error so you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.

If we conclude that there was no error, we will send you a written explanation within three (3) business days after completion of the investigation. You may ask for copies of the documents that we used in our investigation.

Third Party Site Disclaimer

Our mission is to provide you with valuable, customer service oriented third party web sites. By accessing the noted link you will be leaving our website and entering a website hosted by another party. Although we have approved this as a reliable partner site, please be advised that you will no longer be subject to, or under the protection of, the privacy and security policies of our website. We encourage you to read and evaluate the privacy and security policies on the site you are entering, which may be different than ours. Additionally, CAP COM Federal Credit Union will not be held responsible for purchases made or services obtained at that web site.

Money Management & Debit Rewards Offers
End User License Agreement

In addition to the above content, if you decide to use either Money Management or the Debit Rewards Offers application, you acknowledge and agree to the following terms and conditions of service.

LICENSE GRANT AND RESTRICTIONS

You are granted a personal, limited, non-exclusive, non-transferable license, to electronically access and use the Money Management Service (the “Service”) solely to manage your financial data, and the purchase rewards application (“Debit Rewards Offers”) to benefit from your debit card purchases.

In addition to the Money Management Service and the Debit Rewards Offers, the terms "Service" and “Debit Rewards Offers” also include any other programs, tools, internet-based services, components and any "updates" (for example, Service maintenance, Debit Rewards information, help content, bug fixes, or maintenance releases, etc.) of the Service or Debit Rewards Offers if and when they are made available to you by us or by our third party vendors. Certain Service and Debit Rewards Offers may be accompanied by, and will be subject to, additional terms and conditions.

You are not licensed or permitted to do any of the following and you may not allow any third party to do any of the following: (i) access or attempt to access any other systems, programs or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from Money Management or from the Debit Rewards Offers program; (iii) permit any third party to benefit from the use or functionality of the Service or Debit Rewards Offers, or any other services provided in connection with them, via a rental, lease, timesharing, service bureau, or other arrangement; (iv) transfer any of the rights granted to you under this license; (v) work around any technical limitations in the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service, or decompile, disassemble, or otherwise reverse engineer the Service except as otherwise permitted by applicable law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Service or Debit Rewards Offers or any services provided in connection with them, prevent access to or the use of the Service, Debit Rewards Offers or any or services provided in connection with them by other licensees or customers, or impose an unreasonable or disproportionately large load on the infrastructure while using the Service; or (vii) otherwise use the Service, Debit Rewards Offers or any services provided in connection with them except as expressly allowed under this Section 1.

OWNERSHIP

The Service and Debit Rewards Offers are protected by copyright, trade secret and other intellectual property laws. You do not have any rights to the trademarks or service marks.

YOUR INFORMATION AND ACCOUNT DATA WITH US

You are responsible for (i) maintaining the confidentiality and security of your access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by you to access the Service, Debit Rewards Offers or any services provided in connection with them, and your accounts with us (collectively, "Licensee Access Information"), and (ii) preventing unauthorized access to or use of the information, files or data that you store or use in or with the Service, Debit Rewards Offers or any services provided in connection with them (collectively, "Account Data"). You are responsible for providing access and assigning passwords to other users, if any, under your account for the Service, Debit Rewards Offers or any services provided in connection with them, and ensuring that such authorized users comply with this Agreement. You will be responsible for all electronic communications, including account registration and other account holder information, email and financial, accounting and other data ("Communications") entered using the Licensee Access Information. It is assumed that any Communications received through use of the Licensee Access Information were sent or authorized by you. You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any Licensee Access Information. We reserve the right to deny you access to the Service, Debit Rewards Offers or any services provided in connection with them (or any part thereof) if we reasonably believe that any loss, theft or unauthorized use of Licensee Access Information has occurred. You must inform us of, and hereby grant to us and our third party vendors permission to use, Licensee Access Information to enable us to provide the Service, Debit Rewards Offers or any services provided in connection with them to you, including updating and maintaining Account Data, addressing errors or service interruptions, and to enhance the types of data and services we may provide to you in the future.

We may use anonymous, aggregate information, which we collect and store, or which is collected and stored on our behalf by third party vendors, to conduct certain analytical research and help us to create new offerings and services for our customers. As we make additional offerings and online banking services available to you, some of which may rely on banking information maintained in your accounts, you will have the opportunity to participate in the services if you choose. If you choose not to participate, you do not need to notify us. We may also use anonymous, aggregate information which we collect and store, or which is collected and stored on our behalf by third party vendors, to (i) conduct database marketing and marketing program execution activities; (ii) publish summary or aggregate results relating to metrics comprised of research data from time to time; and (iii) distribute or license such aggregated research data to third parties. Additionally, automated technology may be used to tailor messages or advertisements that best reflect your interest and needs.

YOUR INFORMATION AND ACCOUNT DATA WITH OTHER FINANCIAL INSTITUTIONS.

Our financial management tools allow you to view accounts that you may have outside our financial institution (this is a process called “aggregation”). When you choose to use online financial services which are applicable to data that you have transacted with other financial institutions or card issuers, you are consenting to us accessing and aggregating your data from those outside financial institutions. That data includes your financial institution account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information used to access your account(s) with other financial institutions, and the actual data in your account(s) with such financial institution(s) such as account balances, debits and deposits (collectively, "Financial Account Data"). In giving that consent, you are agreeing that we, or a third party vendor on our behalf, may use, copy and retain all non-personally identifiable information of yours for the following purposes: (i) as pertains to the use, function, or performance of the services which you have selected; (ii) as necessary or useful in helping us, or third parties on our behalf, to diagnose or correct errors, problems, or defects in the services you have selected; (iii) for measuring downloads, acceptance, or use of the services you have selected; (iv) for the security or protection of the services you have selected; (v) for the evaluation, introduction, implementation, or testing of the services you have selected, or their upgrade, improvement or enhancement; (vi) to assist us in performing our obligations to you in providing the services you have selected.

If we make additional online financial services available to you which are applicable to data that you have transacted with other financial institutions or card issuers, and which we will aggregate at this site, we will separately ask for your consent to collect and use that information to provide you with relevant offers and services. If you give us your consent, you will be agreeing to permit us to use Financial Account Data to help us suggest savings opportunities or additional products and services to you.

If you select services that are offered by third parties or merchants through such offers or on our behalf, you will be agreeing that we have your consent to give such third parties or merchants your geographic location, and other data, collected and stored in aggregate, as necessary for such third parties or merchants to make their offerings and services available to you and to permit us to use Financial Account Data to help us suggest savings opportunities or additional products and services to you. Except as specified here, we and the third parties or merchants acting on our behalf shall not use or keep any of your personally identifiable information.

USE, STORAGE AND ACCESS.

We shall have the right, in our sole discretion and with reasonable notice posted on Money Management and/or sent to your email address provided in the Registration Data, to establish or change limits concerning use of the Service and any related services, temporarily or permanently, including but not limited to (i) the amount of storage space you have available through the Service at any time, and (ii) the number of times (and the maximum duration for which) you may access the Service in a given period of time. We reserve the right to make any such changes effective immediately to maintain the security of the system or Licensee Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the Service and any related services to which such changes relate. Your continued use of the Service or any related services will constitute your acceptance of and agreement to such changes. Maintenance of the Service or any related services may be performed from time-to-time resulting in interrupted service, delays or errors in such Service or related services. Attempts to provide prior notice of scheduled maintenance will be made, but we cannot guarantee that such notice will be provided.

THIRD PARTY SERVICES.

In connection with your use of the Service, Debit Rewards Offers, or any other services provided in connection with them, you may be made aware of services, products, offers and promotions provided by third parties, ("Third Party Services"). If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You agree that the third party is responsible for the performance of the Third Party Services.

THIRD PARTY WEBSITES.

The Service may contain or reference links to websites operated by third parties ("Third Party Websites"). These links are provided as a convenience only. Such Third Party Websites are not under our control. We are not responsible for the content of any Third Party Website or any link contained in a Third Party Website. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Service, Debit Rewards Offers or any other services provided in connection with them is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by us of any information contained in any Third Party Website. In no event will we be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from ours. We are not responsible for such provisions, and expressly disclaim any liability for them.

EXPORT RESTRICTIONS.

You acknowledge that the Service may contain or use software that is subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the Service, directly or indirectly, to: (1) any countries that are subject to US export restrictions; (2) any end user who has been prohibited from participating in US export transactions by any federal agency of the US government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this product may include technical data subject to export and re-export restrictions imposed by US law.

DEBIT REWARDS OFFERS.

If you decide you wish to participate in the Debit Rewards Offers application, you acknowledge and agree to the following terms and conditions of service.

Debit Rewards. You will earn rewards for your participation in the Debit Rewards Offers program based on total purchases. If you participate in the Debit Rewards Offers, we will credit all cash or point rewards earned to your rewards balance and send you a lump sum of all rewards due to you. For any qualifying purchases during the current month, we will distribute the lump sum amount to you during the following calendar month. For example, if the payment date of all rewards end user disbursements is August 30, the applicable Measurement Period would be the calendar month ended July 31. Cash rewards will be deposited in the Debit Rewards Offers deposit account which is associated with the Debit Rewards Offers program.

Debit Rewards Offers Account. You must use the debit card associated with the Debit Rewards Offers account in order to receive the offers which qualify for the rewards. Rewards will not be earned for any portion of your purchase that you pay for with store credit, gift certificates or other payment types.

Purchases must be made as indicated in the offers made available under the Debit Rewards Offers program. Each offer will specify whether the purchase can be made online, at a store location, or by telephone to be eligible for rewards. You must also comply with any guidelines included with the offer, such as offer expiration dates, minimum purchase amounts, purchase limits, etc. You must also pay using the debit card associated with the account that received the Debit Rewards offer in order for the purchase to qualify.

While we and the merchants work hard to properly track and credit all eligible purchases, there may be times that we are unable to do so because of problems with your internet browser, the merchant's web site or our system. Please contact our support team if you believe you have made a qualifying purchase for which you did not receive Rewards.

Please note that you will not earn rewards as part of this program if you use a debit card not issued by us or do not have the designated deposit account opened with us at the time of disbursement.

You understand and agree that we make no warranties and have no liability as to:

1. Any offers, commitments, promotions, money back, or other incentives offered by any of the merchants in the Debit Rewards Offers program.
2. The rewards information that we provide to you, which is provided “as is” and “as available”.
3. (i) your inability to comply with offer guidelines, (ii) the accuracy, timeliness, loss or corruption, or misdelivery, of any qualifying purchase information or any other information, (iii) unauthorized access to your account(s) or to your account information and any misappropriation, or alteration, of your account information or data, to the extent that the unauthorized access results from your acts or omissions, or (iv) your inability to access your account(s) including, but not limited to, failure of electronic or mechanical equipment, interconnect problems with telephone providers or internet service providers, acts of God, strikes, or other labor problems.
4. Some states do not allow limitations on how long an implied warranty lasts, so that the above limitations may not apply to you, and that you may also have other rights, which vary from state to state.