Deposit Account Agreement Electronic Communication Consent Evolve Privacy Policy

Evolve Bank & Trust Electronic Communication Consent

Updated 4/15/2020

This Electronic Communication Consent ("Consent") allows us to provide you with electronic versions of important notices and documents associated with your relationship with Evolve Bank & Trust ("Evolve"). Certain laws and regulations require us to provide documents to you "in writing," which traditionally means you are entitled to receive it on paper. The E-SIGN Act allows us to provide these documents to you electronically with your consent. We also need your general consent to use electronic records and signatures in our relationship with you. Before we can provide you with the services or products you have requested, you must review and consent to the terms outlined below.

Definitions

"We", " us", and " our" means Evolve Bank & Trust, its current or future affiliated companies, agents, assignees and service providers.

"You" and " your" mean the person giving this consent, and also each additional account owner, authorized signer, authorized representative, delegate, product owner or service user identified on any Evolve account, product or service that you apply for, use or access.

"Communication" means each application, agreement, disclosure, notice, fee schedule, response to claims, statement, privacy policy, record, document and other information we provide to you, or that you sign or submit or agree to at our request.

"Service" means each and every account, product or service we offer or will offer.

The words "include" and "including," when used at the beginning of a list of one or more items, indicates that the list contains examples and is not exclusive or exhaustive, and the items in the list are only illustrations.

Scope of Communications to be Provided in Electronic Form

This Consent applies to all Communications and Services. By applying for or using a Service, you agree that any Communications will be provided in electronic format, to the extent allowed by law, and that paper Communications will not be sent. Your consent to receive electronic Communications and transactions includes, but is not limited to:

  • All legal and regulatory disclosures and communications associated with the Service;
  • Service terms and any and all agreements by and between you and us that relate to a Service, as well as any amendments to those terms and agreements;
  • Privacy policies and notices;
  • Responses to claims filed in connection with a Service;
  • Statements; and
  • All other communications between us and you concerning the Service and any related transactions, products or services.

Sometimes the law, or our agreement with you, requires you to give us a written notice. You must still provide these notices to us on paper, unless we specifically tell you in another Communication how you may deliver that notice to us electronically.

We reserve the right, at our sole discretion, to discontinue the provision of electronic Communications, or to terminate or change the terms and conditions upon which electronic Communications are provided. We will provide you with notice of any such termination or change as required by law.

Method of Providing Communications in Electronic Form

All Communications that we provide in electronic form will be provided either (1) by e-mail, (2) by access to a website designated in an email notice from us, (3) through any mobile application we may make available, (4) to the extent permitted by law, by access to a website generally designated in advance for such purpose, or (5) in the manner specified in any other agreement we or our affiliates have with you.

If you request a new product, service or account with us, we may remind you that you have already consented to receiving electronic Communications and using electronic signatures in your relationship with us. Continuing to use our Services after receiving updates to our system requirements signifies your acceptance of the change and reaffirmation of your consent.

Keeping your Records Current

It is important that you maintain a valid email address so we can provide Communications to you. You must promptly notify us of any change in your email address. It is your responsibility to provide us with a true, accurate and complete e-mail address, street address, and other information in connection with a Service, and to maintain and update promptly any changes in this information. You may update certain information (such as your phone number and address) through the mobile application associated with your Service; to update you email address contact us at support@dave.com. We are not responsible for any delay or failure in the receipt of the Communications if we send the Communications to the last e-mail address you provided to us.

System Requirements for Accessing Communications

In order to access, view, and retain electronic Communications that we make available, you must have:

  • A computer with an internet connection that:
    • That is running Mac OS X or higher, or Windows 7 or higher
    • Safari, Internet Explorer 10 or higher, Chrome or Firefox
  • A mobile device that:
    • That is running iOS 6.0 or higher, or Android 4.0 or higher
    • Safari, Android Browser or Chrome
  • A valid email address
  • Sufficient storage space to save Communications or the capability to print the Communications from your computer or mobile device

We may update these requirements as necessary. If there is a substantial change in these requirements, you will be notified as required by law.

Requesting Paper Copies

You agree that we have no obligation to provide you Communications in paper format, although we reserve the right to do so at any time. We will only provide paper copies upon request where required by law. To request a paper copy of a Communication that we are required by law to provide, email us at support@dave.com. There may be a fee associated with the request for the delivery of paper copies of any Communication provided electronically pursuant to this Consent.

Communications in Writing

By accepting this Consent, you agree that all electronic Communications shall be considered "in writing" and have the same meaning and effect as if provided in paper form, unless you have withdrawn your consent to receive Communications electronically.

Withdrawing Your Consent

You can withdraw your consent to receive Communications electronically at any time by contacting us at support@dave.com. Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it. If you withdraw your consent, we reserve the right to limit, close or terminate any of your Services, and the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.

Consent

By applying for or using a Service or by checking any call to action on an online or mobile application form (including "I Agree" or similar language), you give us affirmative consent to receive electronic Communications as described herein.

By providing your consent, you are also confirming that you have the hardware and software described above, that you are able to receive and review electronic 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 Services.