BankMD Website Interest Form Disclosures
Terms displayed when Home Purchase or Home Refinance selected in DDLB:
Consent to Obtain Credit Reports
I/we warrant and confirm that the information given in the mortgage pre-qualification form to TransPecos Banks is true and correct and I/we understand that it is being used to determine my/our credit responsibility and to evaluate and respond to my/our request for mortgage financing. You are authorized to obtain any information you may require for these purposes from other sources (including, for example, credit bureaus) and each source is hereby authorized to provide you with such information. I/we also understand, acknowledge and agree that the information given in the mortgage application form as well as other information you obtain in relation to my/our credit history may be disclosed to potential mortgage lenders, mortgage insurers, life and/or disability insurance providers, other service providers, organizations providing technological or other support services required in relation to this application and any other parties with whom I/we propose to have a financial relationship. Your privacy is important. We are committed to respecting and protecting your privacy and security.
Terms displayed when Business Loan or Personal Line of Credit selected in DDLB:
Business Loans and Personal Lines of Credit Terms
Consent to Obtain Credit Reports
- By continuing with the check eligibility process and viewing your offer(s), you understand and agree that you are authorizing BankMD and/or TransPecos Bank (“TransPecos”) to obtain consumer reports and related information about you from one or more consumer reporting agencies, such as TransUnion and other national databases. Your credit score will not be impacted by this pull.
- If you apply for a loan after viewing your available offer(s), you authorize BankMD and/or TransPecos to obtain credit reports each time you request a loan, during the process of closing a loan, or at various times during the term of your loan, in connection with the issuing, servicing, monitoring, collection, or enforcement of the loan. Your credit score may be impacted by these pulls.
- You also authorize BankMD and/or TransPecos to verify information that you have provided, and you agree that BankMD and/or TransPecos may contact third parties to verify such information. You direct BankMD and/or TransPecos to use your credit reports to authenticate your identity, to make credit decisions, and for other related purposes.
Electronic Communication Disclosure
This Consent to Electronic Communications (the “Consent”) contains important information about your legal rights—please read it thoroughly and print or save a copy. As used in this Consent, “Account” means all accounts, products or services you have with us, and any products and services offered by our affiliates, agents, service providers, successors and assigns through or in conjunction with the website www.BankMD.com. The words “we,” “us” and “our” refer to BankMD. The words “I,” “you” and “your” mean each holder of an Account with or through us. This disclosure covers all of your Accounts with or through us.
- Legally Required Communications and Disclosures. We must provide you with certain communications and disclosures in writing (i.e., you have a right to receive such communications on paper) pursuant to applicable laws and regulations. This information may be provided to you electronically if you agree to this Consent. Because all of our Accounts are provided online and use electronic means to deliver information, you must agree to this Consent to obtain and use an Account. This Consent will apply to each person named on your Account.
- Required Consent; Categories of Communications. By agreeing to this Consent, you agree that we may provide electronic delivery—which includes delivery to the website on which you access your Account, delivery by e-mail, or delivery by other electronic means—of agreements; disclosures; notices and other information and communications regarding your Accounts; the use of our websites; our relationship with you; and such other products, services or programs that may be made available to you (collectively, the “Communications”). Communications include, but are not limited, to the following:
- This Consent and any updates thereto;
- Disclosures, agreements, notices and other information related to the opening, initiation, or maintenance of an Account, including but not limited to, account agreements, fee schedules or other disclosures or notices that may be required by the Electronic Fund Transfer Act, Truth in Lending Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the Gramm Leach Bliley Act, the Telephone Consumer Protection Act or other applicable federal or state laws and regulations;
- Periodic, annual, monthly or other statements, disclosures and notices relating to the maintenance or operation of an Account including, but not limited to account information, account activity, account inactivity, payments made or due, or other statements, disclosures or notices that may be required by the Electronic Fund Transfer Act, Truth in Lending Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the Gramm Leach Bliley Act or other applicable federal or state laws and regulations;
- Any notice or disclosure regarding an Account, such as a late fee, an overdraft fee, an overlimit fee, a fee for a draft, check or electronic debit returned for any reason, such as insufficient funds fee or a fee as a result of a stop payment order;
- Any notice of the addition of new terms and conditions or the deletion or amendment of existing terms and conditions applicable to Accounts;
- Our Privacy Notice and other privacy statements or notices;
- Certain tax statements or notices; and
- Any notices or disclosures required by applicable law.
How to Withdraw Consent; Effect of Withdrawal. You may withdraw this Consent at any time by contacting us by mail at BankMD 112 E. Pecan St. Ste. 800, San Antonio, Texas 78205 or by phone at 800.689.5318 If you withdraw this Consent: (i) your access to certain elements or features of your Account may be limited or unavailable; (ii) you will remain responsible for any amounts that you owe us or may come due under any such Accounts; and (iii) any other obligations you have under any agreements governing such Accounts will remain in full force and effect. Withdrawal will not affect any Communications we provided to you prior to your withdrawal, and we will send any required further Communications to you in paper form. We will not impose any fee in connection with any withdrawal of this Consent or any Communication provided in paper form. Any withdrawal of this Consent will be effective only after we have a reasonable period of time to process your withdrawal request.
- Retention of Electronic Communications. You should print or make a copy of any Communications you receive by either using the “Print” button to print a copy or by saving a copy by downloading it to your computer.
- Obtaining Paper Copies of Communications. Upon request, we will provide you with a paper copy of any Communication that we have provided to you electronically. If you would like a paper copy of any Communication, please make the request by mail to BankMD 112 E. Pecan St. Ste. 800, San Antonio, Texas 78205 or by phone at 800.689.5318. There will be no charge for a paper copy of any Communication we have sent to you electronically.
- Hardware and Software Requirements. To electronically receive and view and/or electronically save or print the Communications, you must have:
- a personal computer with Internet access;
- a widely-used, recent-generation web browser (for example, Chrome, Safari or Firefox);
- a widely-used, recent-generation portable document file reader (for example, Adobe Reader);
- an email address;
- and either a printer, hard drive or other storage device.
You represent that you have the hardware, software, email address and email capacities described above, and your ability to read this Consent demonstrates that you have the necessary hardware and software to receive Communications electronically.
- Updating Your Records. You must immediately notify us of any change to your email address, contact information and other information related to this Consent and your Account(s). You can update this information by: mail at BankMD 112 E. Pecan St. Ste. 800, San Antonio, Texas 78205 or phone at 800.689.5318. You represent and agree that you have provided us with a current e-mail address at which we may send electronic Communications to you.
- Federal Law. You acknowledge and agree this Consent is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act (the “ESIGN Act”), and that you and we both intend that the ESIGN Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
- Reservation of Rights. This Consent does not apply to any Communication that we determine, in our sole discretion, that we are required to deliver in paper form under applicable law or that you should receive in paper rather than electronic form. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
- Consent. By clicking the checkbox, you hereby give your affirmative consent to provide electronic Communications to you as described above.
Last Updated: December 10, 2020
- Our online services are intended for a U.S. audience. If you visit or use one of our online services, your information may be transferred or processed in the United States. For non-
- Without exception, our online services are not intended for children under 13. We do not knowingly collect personal information from children under 13 without parental consent.
- If you have a financial product or service with us, we will use and share any information that we collect from or about you in accordance with our Consumer Privacy Notice, which offers you certain choices with respect to the use and sharing of your personal information.
- If you are a California resident, you may have rights under the California Consumer Privacy Act.
Information We Collect
When you visit or use our online services, we may collect personal information from or about you such as your name, email address, mailing address, telephone number(s), account numbers, limited location information (for example, a zip code to help you find a nearby ATM), user name and password. We may also collect payment card information, social security numbers, driver’s license numbers (or comparable) when you provide such information while using our online services and where we believe it is reasonably required for ordinary business purposes.
Usage and Other Information
For your convenience, BankMD offers you the ability to access some of our products and services through mobile applications and mobile-optimized websites (“BankMD Mobile”). When you interact with us through BankMD Mobile, we may collect information such as unique device identifiers for your mobile device, your screen resolution and other device settings, information about your location, and analytical information about how you use your mobile device. We may ask your permission before collecting certain information (such as precise geo-location information) through BankMD Mobile.
Additional Sources of Information
Use of Information
We use the information discussed above in a number of ways, such as:
- Processing applications and transactions;
- Verifying your identity (such as when you access your account information);
- Preventing fraud and enhancing the security of your account or our online services;
- Responding to your requests and communicating with you;
- Managing your preferences;
- Performing analytics concerning your use of our online services, including your responses to our emails and the pages and advertisements you view;
- Providing you tailored content and marketing messages;
- Operating, evaluating and improving our business (including developing new products and services; improving existing products and services; performing data analytics; and performing accounting, auditing and other internal functions);
- Complying with and enforcing applicable legal requirements, relevant industry standards, contractual obligations and our policies; and
- For any other purposes that we may specifically disclose at the time you provide or we collect your
We may also use data that we collect on an aggregate or anonymous basis (such that it does not identify any individual customers) for various business purposes, where permissible under applicable laws and regulations.
Disclosure of Information
We may share the information we collect from and about you with our affiliates and other third parties. For example, we may share your information with:
- BankMD third-party service providers;
- BankMD affiliated websites and businesses in an effort to bring you improved service across our family of products and services, when permissible under relevant laws and regulations;
- Other companies to bring you co-branded services, products or programs;
- Third parties or affiliates in connection with a corporate transaction, such as a sale, consolidation or merger of BankMD businesses; and
Where appropriate, we will limit sharing of your information in accordance with the choices you have provided us in response to our U.S. Consumer Privacy Notice.
We may share anonymous or aggregated information with third parties to help deliver products, services, and content that are better tailored to the users of our online services and for other purposes.
Understanding Cookies, Web Beacons and Other Tracking Technologies
- “Cookies” are small amounts of data a website can send to a visitor’s web browser. They are often stored on the device you are using to help track your areas of interest. Cookies may also enable us or our service providers and other companies we work with to relate your use of our online services over time to customize your experience. Most web browsers allow you to adjust your browser settings to decline or delete cookies, but doing so may degrade your experience with our online
- Clear GIFs, pixel tags or web beacons—which are typically one-pixel, transparent images located on a webpage or in an email or other message—or similar technologies may be used on our sites and in some of our digital communications (such as email or other marketing messages). They may also be used when you are served advertisements or you otherwise interact with advertisements outside of our online services. These are principally used to help recognize users, assess traffic patterns and measure site or campaign
- Local Shared Objects, sometimes referred to as “flash cookies” may be stored on your hard drive using a media player or other software installed on your device. Local Shared Objects are similar to cookies in terms of their operation, but may not be managed in your browser in the same way.
You will see advertisements when you use many of our online services. These advertisements may be for our own products or services (including pre-screened offers of credit) or for products and services offered by third parties. Which advertisements you see is often determined using the information we or our affiliates, service providers and other companies that we work with have about you, including information about your relationships with us (e.g., types of accounts held, transactional information, location of banking activity). To that end, where permitted by applicable law, we may share with others the information we collect from and about you.
Online behavioral advertising (also known as “OBA” or “interest-based advertising”) refers to the practice of collecting information from a computer or device regarding a visitor’s web-browsing activities across non-affiliated websites over time in order to deliver advertisements that may be of interest to that visitor based on their browsing history. Through OBA, we hope to deliver advertisements that are most likely to be of interest to you using information about your other web-browsing activities (e.g., the web pages you visit, search terms you enter, and the way you move through our online services on your computer or device) or your personal profile (e.g., demographic or location information). Certain companies we work with may set cookies and use related tracking technologies, such as the clear GIFs discussed above, throughout our online services or in our communications to support these OBA efforts. If you do not want your information collected and used by the companies we work with for OBA purposes, you can opt out of this form of OBA by following the instructions in the next section.
Opting Out of “Online Behavioral Advertising” (OBA)
There are two (2) ways that you can opt out of OBA from certain BankMD ads on third- party websites. One way is through the cross-industry Self-Regulatory Program for Online Behavioral Advertising managed by the Digital Advertising Alliance (DAA). To opt out of OBA, please click on the following link and follow the instructions: https://youradchoices.com. Another way to opt out of OBA is by clicking on the Advertising Options Icon featured on certain BankMD ads on third-party websites. When clicked it (i) describes the collection and uses of data gathered at the relevant third-party website and (ii) provides a way for you to opt out of data collection and use by the third parties listed for the purposes of OBA. If you choose to opt out, our service provider will communicate your opt out election to the relevant third-party advertising partners and a cookie will be placed on your browser indicating your decision to opt out.
Linking to Third-Party Websites
We use reasonable physical, electronic, and procedural safeguards that comply with federal standards to protect and limit access to personal information. This includes device safeguards and secured files and buildings.
Please note that information you send to us electronically may not be secure when it is transmitted to us. We recommend that you do not use unsecure channels to communicate sensitive or confidential information (such as your Social Security number) to us.
Updating your Information
Keeping your account information up-to-date is very important. You may review, or update certain account information by logging in and accessing the “Customer Center” section. If you cannot change the incorrect information online, or you prefer to request changes offline, please use the Contact Us option on our site, or call or write to us using the contact information listed on your account statements, records, or other account materials. You can also speak to one of our branch representatives, your financial advisor, or your designated account representative.