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Aspire CFCU Mobile App Privacy Policy/Disclosure & Agreement

Last Updated: February 2022
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Aspire Community Federal Credit Union (Aspire CFCU) Mobile App (the “App”)—powered by Fiserv—helps you control
your credit and/or debit cards through your mobile device, making it easy to manage your finances on the go.

The App allows you to:

  • Get real-time balances for your accounts.
  • Manage your money.
  • View your transactions and statements.
  • Make transfers.
  • Pay your bills and manage billers.
  • Deposit a check.
  • Receive alerts. (Message & Data rates may apply)
  • Manage cards.

This Privacy Policy, in combination with other relevant privacy, notices that we provide—Example: pursuant to financial
privacy laws—is to inform you of the policies and practices regarding the collection, use, and disclosure of any personal
information that we and our service providers collect from or about users in connection with the App’s website, and
mobile application (the “Services”).

THE TYPES OF INFORMATION WE COLLECT IN THE APP

Through your use of the Services, we may collect personal information from you in the following ways:

(a) Personal Information You Provide to Us

  • We may collect personal information from you, such as your first and last name, address, email, telephone
    number, and social security number when you create an account.
  • We will collect the financial and transaction information necessary to provide you with the Services, including
    account numbers, payment card expiration date, payment card identification, verification numbers, and
    transaction and payment history.
  • If you provide feedback or contact us via email, we will collect your name and email address, as well as any other
    content included in the email, in order to send you a reply.
  • We also collect other types of personal information that you provide voluntarily, such as any information
    requested by us if you contact us via email regarding support for the Services.

(b) Personal Information Collected from Third Parties—We may collect certain information from identity verification
services and consumer reporting agencies, including credit bureaus, in order to provide some of our Services.

(c) Personal Information Collected Via Technology—We and our service providers may automatically log information
about you, your computer or mobile device, and your interaction over time with our Services, our communications, and
other online services, such as:

  • Device data, such as your computer or mobile device’s operating system type and version, manufacturer and
    model, browser type, screen resolution, RAM and disk size, CPU usage, device type (example: phone, tablet), IP
    address, unique identifiers, language settings, mobile device carrier, radio/network information (example: Wi-Fi,
    LTE, 3G), and general location information such as city, state, or geographic area.
  • Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website
    you visited before browsing to the Service, navigation paths between pages or screens, information about your
    activity on a page or screen, access times, and duration of access.
  • Cookies, which are text files that websites store on a visitor’s device to uniquely identify the visitor’s browser or
    to store information or settings in the browser for the purpose of helping you navigate between pages
    efficiently, remembering your preferences, enabling functionality, and helping us understand user activity and
    patterns.
  • Local storage technologies, like HTML5 and Flash, provide cookie-equivalent functionality but can store
    larger amounts of data, including on your device outside of your browser in connection with specific
    applications.
  • Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email
    was accessed or opened, or that certain content was viewed or clicked.
  • Location Information. If you have enabled location services on your phone and agree to the collection of your
    location when prompted by the Services, we will collect your location information when you use the Services
    even when the app is closed or not in use; for example, to provide our fraud detection services. If you do not
    want us to collect this information, you may decline the collection of your location when prompted or adjust the
    location services settings on your device

HOW WE USE YOUR INFORMATION COLLECTED IN THE APP
(a) General Use—In general, we use your personal information collected through your use of the Services to respond to
your requests as submitted through the Services, to provide you the Services you request, and to help serve you better.
We use your personal information, in connection with the App, in the following ways:

  • Facilitate the creation of, and secure and maintain your account;
  • Identify you as a legitimate user in our system;
  • Provide improved administration of the Services;
  • Provide the Services you request;
  • Improve the quality of experience when you interact with the Services;
  • Send you administrative email notifications, such as security or support and maintenance advisories; and
  • Send surveys, offers, and other promotional materials related to the Services.

(b) Compliance and protection—We may use your personal information to:

  • Comply with applicable laws, lawful requests and legal process, such as to respond to subpoenas or requests
    from government authorities;
  • Protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);
  • Audit our internal processes for compliance with legal and contractual requirements and internal policies;
  • Enforce the terms and conditions that govern the Service; and
  • Prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical, or illegal activity, including
    cyberattacks and identity theft.
  • (c) Creation of Non-Identifiable Data—The App may create de-identified information records from personal information
    by excluding certain information (such as your name) that makes the information personally identifiable to you. We may
    use this information in a form that does not personally identify you to analyze request patterns and usage patterns to
    enhance our products and services. We reserve the right to use and disclose non-identifiable information to third parties
    in our discretion.

DISCLOSURE OF YOUR PERSONAL INFORMATION
We disclose your personal information collected through your use of the Services as described below.
(a) In Accordance with Our Other Privacy Notices—Other than as described in this Privacy Policy in connection with the
App, this Privacy Policy does not apply to the processing of your information by us or third parties with whom we share
information.
(b) Third Party Service Providers—We may share your personal information with third party or affiliated service
providers that perform services for or on behalf of us in providing the App, for the purposes described in this Privacy
Policy, including: to provide you with the Services; to conduct quality assurance testing; to facilitate the creation of
accounts; to optimize the performance of the Services; to provide technical support; and/or to provide other services to
the App.
(c) Authorities and Others—Regardless of any choices you make regarding your personal information, The App may
disclose your personal information to law enforcement, government authorities, and private parties, for the compliance
and protection services described above.

LINKS TO OTHER SITES
The App may contain links to third party websites. When you click on a link to any other website or location, you will
leave the App and go to another site, and another entity may collect personal and/or anonymous information from you.
The App’s provision of a link to any other website or location is for your convenience and does not signify our
endorsement of such other website or location or its contents. We have no control over, do not review, and cannot be
responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not
apply to these outside websites. We encourage you to read the privacy policy of every website you visit.

YOUR CHOICES REGARDING YOUR INFORMATION
You have several choices regarding use of information on the Services.

(a) How We Respond to Do Not Track Signals—Some web browsers transmit “do not track” signals to the websites and
other online services with which your web browser communicates. There is currently no standard that governs what, if
anything, websites should do when they receive these signals. We currently do not take action in response to these
signals. If and when a standard is established, we may revise its policy on responding to these signals.

(b) Access, Update, or Correct Your Information—You can access, update, or correct your information by changing
preferences in your account. For additional requests, please contact us.

(c) Opting Out of Email or SMS Communications—If you have signed-up to receive our email marketing
communications, you can unsubscribe any time by clicking the “unsubscribe” link included at the bottom of the email or
other electronic communication. Alternatively, you can opt out of receiving marketing communications by contacting us
at the contact information under “Contact Us” below. If you provide your phone number through the Services, we may
send you notifications by SMS, such as provide a fraud alert. You may opt out of SMS communications by unlinking your
mobile phone number through the Services.
(d) Opting Out of Location Tracking—If you initially consented to the collection of geo-location information through the
Services, you can subsequently stop the collection of this information at any time by changing the preferences on your
mobile device. Please note, if you withdraw consent to our collection of location information, you may no longer be able
to use some features of the App.

SAFEGUARDS AND RETENTION
We implement reasonable administrative, technical, and physical measures in an effort to safeguard the information in
our custody and control against theft, loss and unauthorized access, use, modification, and disclosure. Nevertheless,
transmission via the internet is not completely secure and we cannot guarantee the security of your information.

A NOTE ABOUT CHILDREN
The Services are not directed towards individuals under the age of 18, and we do not, through the App, intentionally
gather personal information about visitors who are under the age of 18. If a child under 18 submits personal information
to us through the App and we learn that the personal information is the information of a child under 18, we will attempt
to delete the information as soon as possible.

PRIVACY POLICY UPDATES
This Privacy Policy is subject to occasional revision. We will notify you of any material changes in its collection, use, or
disclosure of your personal information by posting a notice on the Services. Any material changes to this Privacy Policy
will be effective thirty (30) calendar days following notice of the changes on the Services. These changes will be effective
immediately for new users of the Services. If you object to any such changes, you must notify us prior to the effective
date of such changes that you wish to deactivate your account. Continued use of the Services following notice of any
such changes shall indicate your acknowledgment of such changes.

APP AVAILABILITY
The App may be delayed, interrupted or not be available at any time for any reason outside of the reasonable control of
Aspire CFCU or any service provider.

FORCE MAJEURE
Aspire CFCU shall not be responsible for liability, loss, or damage of any kind resulting from any delay in the performance
of, or failure to perform its responsibilities hereunder due to causes beyond Aspire CFCU’s reasonable control.

FINGERPRINT/FACEID SIGN ON FOR MOBILE BANKING.
Fingerprint and FaceID sign on is an optional sign-in method for Aspire CFCU Mobile Banking that is currently available
on some devices. Fingerprints/FaceIDs are stored on your device only and Aspire CFCU never sees or stores your
Fingerprint/FaceID information. You acknowledge that by enabling TouchID/FaceID, you will allow anyone who has a
Fingerprint/FaceID stored on your device access to your personal and payment account information within Aspire CFCU
Mobile Banking.

MOBILE DEPOSIT SERVICES DISCLOSURE AND AGREEMENT
CHECK REQUIREMENTS. Any image of a check that I transmit to Aspire CFCU must accurately and legibly provide all the
information on the front and back of the check. I will endorse the back of the original check with the restrictive
endorsement “For Mobile Deposit Only @ Aspire CFCU” and my signature to endorse the check. For example, a proper
endorsement would appear as follows:
For Mobile Deposit Only
@ Aspire CFCU
John A. Doe

USE OF THE SERVICES. I am authorizing Aspire CFCU to remotely deposit paper checks I receive to my account with
Aspire CFCU by electronically transmitting a digital image of the paper checks to Aspire CFCU for deposit using my
internet accessible device. My use of the Services constitutes my acceptance of the terms and conditions of this
Disclosure and Agreement. You also accept responsibility for making sure you understand how to use your Mobile
Device and Mobile Deposit and Aspire CFCU will not be liable to you for any losses caused by your failure to properly use
your mobile device or Mobile Deposit. Upon receipt of the digital image, Aspire CFCU will review the image for
acceptability. I understand & agree that the receipt of an image does not occur until after the status in Deposit Check
History is listed as Pending. Aspire CFCU is not responsible for any image not received. Notwithstanding anything to the
contrary, Aspire CFCU reserves the sole right and absolute discretion, to accept or reject any item for Mobile Deposit
into my Account. I understand that any amount credited to my Account for items deposited using the Services is a
provisional credit and I agree to indemnify Aspire CFCU against any loss suffered because of accepting the remotely
deposited check.

GENERAL POLICY. Services are available to members in good standing who meet qualifications set forth by Aspire CFCU.
Access to Services can be authorized, restricted or discontinued at Aspire CFCU’s discretion. I must have an active
account in good standing as one of the qualifications for the Services. A longer delay in crediting your account may take
place if Aspire CFCU deems the delay is warranted (collectability or legitimacy questions, etc.) You will be notified should
longer delays apply. For purposes of the Services, Business Days do not include Saturdays, Sundays or Federal Holidays.
Aspire CFCU is not liable for any fees associated with funds not being made immediately available on deposits. Current
available balances can be viewed using Online Banking or Mobile Banking services.

CHECK RETENTION AND DESTRUCTION. After you have confirmation that we have received an image, you agree to
prominently mark the item as “Electronically Presented” or “VOID”. You agree to securely store each original check that
you deposit using Mobile Deposit for a period of 60 days after transmission to us in order to verify settlement and credit
or to balance periodic statements. After such period expires, you will destroy the original check. You understand and
agree that you are responsible for any loss caused by your failure to secure the original checks. During the retention
period, you agree at your expense to promptly deliver any retained check, or a sufficient copy of the front and back of
the check, to the credit union upon request to aid in the clearing and collection process, to resolve claims by third
parties with respect to any check, or for our audit purposes. If not provided within seven business days of our request,
such amount will be reversed from your account. In addition, if you are unable to provide a sufficient copy of the front
and back of the check, you will be liable for any unresolved claims by third parties.
You agree that you will never re-present the original check. You understand that you are responsible if anyone is asked
to make a payment based on an original check that has already been paid.
Unacceptable Deposit Items. I understand and agree that I am not permitted to deposit the following items using the
Services:

  • Any item that is stamped as “non-negotiable”
  •  Any item that contains evidence of alteration to the original information on the check.
  • Any item issued by a financial institution in a foreign country.
  • A check not payable in United States currency
  • Any item that is incomplete.
  • Any item that is “postdated” or “stale dated” (older than 6 months of date on check(s)).
  • Travelers Check.
  • Third-party Check.
  • Savings Bonds.
  • Any item previously deposited and returned unpaid.
  • 401k Checks, Retirement Funds
  • Insurance Claim Checks

In this Disclosure and Agreement, the words “I,” “me,” “my,” “us” and “our” mean the member that uses any of the
Mobile Deposit Services described in this Disclosure and Agreement. My Aspire CFCU Membership & Account
Agreement is hereby incorporated into and made a part of this Disclosure and Agreement. In the event of a discrepancy
between this Disclosure and Agreement and my Aspire CFCU Membership & Account Agreement, this Disclosure and
Agreement will control.

REJECTION OF DEPOSIT
Aspire CFCU is not liable for any service or late charges levied against me due to Aspire CFCU’s rejection of any item.

ITEMS RETURNED UNPAID
A notice will be provided of transactions Aspire CFCU is unable to process because of returned items. With respect to
any item that I transmit to Aspire CFCU for mobile deposit that Aspire CFCU credits to my Account, in the event such
item is dishonored, I authorize Aspire CFCU to debit the amount of such item from any of my Account(s) at Aspire CFCU,
along with any applicable returned item fees. In all cases, I am responsible for any loss or overdraft in addition to any
applicable fees charged to Aspire CFCU as a result of an item being returned.

IN CASE OF ERRORS
Any Mobile deposits made through the Services will be reflected on my account statement. In the event that I believe
there has been an error with respect to any original check or image thereof transmitted to the Credit Union for deposit
or a breach of this Disclosure and Agreement, I will immediately contact Aspire CFCU regarding such error or breach as
set forth in the Aspire CFCU Electronic Funds Transfer Agreement and Disclosure.

CARD CONTROLS ADDITIONAL TERMS
The following supplemental Terms of Use (“Supplement”) applies to the card controls feature (“Card Controls”) within
the Mobile Banking mobile application (“Mobile Banking App”), notwithstanding anything in the Agreement to the
contrary. The Supplement only applies to Card Controls. If Card Controls are not available to you, then this Supplement
does not apply. To the extent there is any conflict between the terms of the Agreement and this Supplement with
respect to Card Controls, then the terms in this Supplement shall apply.

  • The Card Controls feature is only available for credit or debit cards issued by Aspire CFCU that you register
    within the Mobile Banking App.
  • The Card Controls alerts and controls you set through use of the Mobile Banking App may continue to apply,
    even if you delete the Mobile Banking App or remove it from your mobile device. Please contact Aspire CFCU to
    discontinue the alerts and controls.
  • Certain Card Control functionality within the Mobile Banking App may not be available for all transactions.
    Controls and alerts based on the location of the mobile device where the Mobile Banking App is installed or the
    location of the merchant where the card is being attempted for use may not apply appropriately to card-not present transactions or transactions where the actual location of the merchant differs from the merchant’s
    registered address.
  • Card Controls may enable access to Aspire CFCU and third parties’ services and web sites, including GPS locator
    websites, such as Google’s. Use of such services may require Internet access and that you accept additional
    terms and conditions applicable thereto.
  • To the extent this Mobile Banking App allows you to access third party services, Aspire CFCU, and those third
    parties, as applicable, reserve the right to change, suspend, remove, or disable access to any of those services at
    any time without notice. In no event will we be liable for the removal of or disabling of access to any such
    services. We may also impose limits on the use of or access to certain services, in any case and without notice or
    liability.

COMPLIANCE WITH LAW
You agree to use the Service for lawful purposes and in compliance with all applicable laws, rules and regulations. You
promise to indemnify and hold Aspire CFCU harmless from any damages, liabilities, costs, expenses (including attorneys’
fees) or other harm arising out of any violation thereof. This indemnity will survive termination of my Account and this
Disclosure and Agreement.

ACCOUNTHOLDER’S INDEMNIFICATION OBLIGATION
I understand and agree that I am required to indemnify Aspire CFCU and hold it harmless against any and all claims,
actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and expenses arising from: (a) my
failure to abide by or perform any obligation imposed upon me under this Agreement, (b) the willful misconduct, fraud,
criminal activity, intentional tort or negligence by me; (c) the actions, omissions or commissions by me; and (d) any
transmission or instruction, whether or not authorized, acted upon by Aspire CFCU in good faith. By my use of the
Services and/or breach of this Disclosure and Agreement, I understand and agree that this paragraph shall survive the
termination of this Disclosure and Agreement.

LIMITATION OF LIABILITY
I understand and agree that Aspire CFCU is not responsible for any indirect, consequential, punitive, or special damages
or damages attributable to my negligence or breach of this Disclosure and Agreement.

CHANGE IN TERMS
The Credit Union may change the terms, conditions and charges for the Services indicated in this Disclosure and
Agreement by notifying me of such change in writing or other acceptable means and may amend, modify, add to or
delete from this Disclosure and Agreement from time to time. My use of the Services after receipt of notification of any
change by Aspire CFCU constitutes my acceptance of the change.

TERMINATION OF THE SERVICES
I may, by written request, terminate the Services provided for in this Disclosure and Agreement. Aspire CFCU reserves
the right to suspend or terminate my use of the Services at any time, without prior notice, except as may be required by
law. In the event of termination of the Services, I will remain liable for all transactions performed on my Account.

CONTACT US
If you have any questions or complaints about this Privacy Policy or The App’s data collection or processing practices, or
if you want to report any security violations to The App, please contact The App by phone at: 701-837-5353; email at:
support@aspire.creditunion; or by mail at:
Aspire CFCU
PO Box 3160
Minot, ND 58702