This statement asks for your consent so that we can provide communications and information to you in electronic rather than in paper form.
We will sometimes use the words electronic records as a short way to refer to the communications and information that we may provide electronically. Before you decide whether or not you wish to give your consent to receiving electronic records, you should read and consider the following information. Then, if you decide to consent, you can click the I Agree button at the bottom of this statement. (For your consent to be effective, your computer and browser will need to meet the hardware and software requirements discussed below at Are there any hardware or software requirements for me to access or retain the electronic records?)
This statement contains important information that we are required by law to provide to you. You should keep a copy for your records. For your convenience, this statement is written in a Question and Answer format. If you have any questions about electronic records that are not answered, feel free to communicate with us using any of the following Contacts:
Send us an e-mail at email@example.com;
Call us at 800-796-4777; or
Write to us at:
Heritage Bank of Commerce
Attn: Cash Management Services
150 Almaden Blvd.
San Jose, CA 95113
What records will you provide to me electronically?
If you consent, you will receive electronic records that relate to the following services (the "Services"):
• Online Banking Services, Heritage Direct Online Banking for Individuals (the "Online Banking Service").
• Heritage Direct Bill Pay Service (the "Bill Pay Service").
This includes, but is not limited to, the Heritage Direct Online Banking for Individuals Disclosure and Agreement (the "Online Banking Agreement"), the Terms and Conditions of the Heritage Direct Bill Pay Service (the "Bill Pay Services Agreement"), notification of amendments and other changes in terms, and such other disclosures as may be required by law or provided by us to you as a user of these Services.
The Online Banking Agreement and the Bill Pay Services Agreement (collectively, the "Agreements") contain terms and conditions governing the Service that is the subject of that agreement. The Agreements also contains information that we are required to disclose to you under the Electronic Fund Transfers Act and its implementing Regulation E regarding the Service. You will also receive your bank account statement information (paper statements will still be provided).
Do I have an option to receive these records in nonelectronic form?
No. The Services are an electronic banking service that do not have a paper-based alternative to receiving the Agreements. You will not be able to obtain a Service if you choose not to consent to (or if you withdraw your consent to) receiving the Agreements in an electronic form.
Can I get a copy of the records in nonelectronic form if a special need arises?
Yes, you can. If you request one, we can prepare a paper-based version of the Agreements or any of the electronic records you receive, for up to 2 years after the date it was created. If you want us to prepare a paper-based copy, you can request it by contacting us using one of the Contacts shown above.
If you request one, we will provide a paper-based copy of an electronic record free of any Bank charges. Normally, we will mail paper-based copies of an electronic record to you (at the address shown on our records) within 2 weeks after the date we receive your request for it.
If I consent to electronic records now, and change my mind, what can I do and what are the consequences?
You can change your mind and withdraw your consent at any time. You can withdraw your consent as to the Online Banking Service alone, or as to the Bill Pay Service alone, or as to both Services. We will then stop providing records to you electronically as to the affected Service (or, as to both Services, if you withdraw consent to receiving electronic records as to both Services). Withdrawing your consent does not affect any Agreements you have already received electronically, but we will then stop providing any remaining or subsequent Agreements or records to you electronically for the affected Service(s). To withdraw your consent, you must write to us at the address above. However, remember that the system does not support paper-based communications so the consequence to you, if you withdraw your consent to electronic records, is that we may (but are not required to) terminate the affected Service.
Are there any hardware or software requirements for me to access or retain the electronic records?
Yes, there are. You will need a computer with sufficient memory to store electronic records, and with a working connection to the internet. You will need a minimum web-browser version of Internet Explorer 6.0, Firefox 3.0, Safari 4 or Google Chrome, with e-mail capability. Your browser must have 128-bit encryption capabilities. You are responsible for configuring your system to accommodate these requirements. Finally, you will need a printer if you want to print copies of electronic records.
If we change the minimum hardware or software requirements needed to access or retain electronic records, and the change creates a material risk that you will not be able to access or retain a subsequent record, then before the change takes effect we will let you know about the change and let you know what the new requirements are.
We will notify you by posted message on the system and at that time you will be allowed to choose whether you still want to give us your consent to receiving communications or information by electronic records. If not, you will be allowed to withdraw your consent at that time, without any fee or charge by us.
However, if you withdraw your consent, your ability to use a Service may also end (as described above, under If I consent to electronic records now, and change my mind, what can I do and what are the consequences?). This could affect, for example, your ability to access your accounts using the Online Banking Service, or paying you bills using the Bill Pay Service.
How will the electronic records be provided to me?
The "Heritage Direct Online Banking for Individuals Disclosure and Agreement" (for the Online Banking Service) will be provided to you below. The "Terms and Conditions of Heritage Direct Bill Pay Service" (for the Bill Pay Service) will be provided to you by clicking HERE
Future Agreements and other electronic records covered by this consent will be posted on this system, or as directed at the Bank’s website or as shown in an e-mail or other communication by us to you.
Are there other special requirements for electronic records?
No. However, please remember -- if you download or print any confidential materials be sure that you store them in a secure environment, just as you would paper-based bank records.