PART 5 - PERSONAL FINANCIAL MANAGEMENT SERVICE (PFM)
ADDITIONAL TERMS AND CONDITIONS
1. Application of this Part
- Except where otherwise specified, the terms of this Part 5 apply to both the PFM Foundation Service and the PFM Aggregation Service. However, if you choose not to receive the PFM Aggregation Service, then the terms below which are specific to the PFM Aggregation Service are not applicable to you.
- If there is a conflict between the terms in Part 5 and the general terms and conditions in Part 1, the terms of this Part 5 will apply to the extent necessary to resolve the conflict.
The following terms will have the following meanings in this Part 5:
- "Account Provider" means us or an External Available Account Provider, as applicable;
- "Available Account" means an Account that you hold with us, which we allow you to view through the PFM Service. It may also include an account that you hold with a financial institution or other entity with whom Central 1 or Celero has an agreement to permit you to view through the PFM Service;
- "Celero" means Celero Solutions Inc.;
- "Central 1" means Central 1 Credit Union;
- "External Available Account" means a financial services account that you hold with a Third Party, which we allow you to view through the PFM Aggregation Service;
- "External Available Account Access Information" means any information that you must enter to access an External Available Account such as a client identification number, username, access code, or password;
- "External Available Account Provider" means another financial institution or other Third Party with which you have an External Available Account;
- "Mandatory Terms" means the provisions in Schedule A attached to this Part 5 which we are required to include in this Agreement as a result of the arrangements with our Services Providers;
- "PFM Content" means PFM Information and, if applicable, your External Account Access Information;
- "PFM Information" means balance and transaction information relating to your Available Accounts and, if applicable, any External Available Accounts;
- "PFM Aggregation Service" means the personal financial management and account feature (accessed through Online Banking) that retrieves, organizes, consolidates and presents PFM Information to you about your Available Accounts and External Available Accounts;
- "PFM Foundation Service" means the personal financial management and account aggregation feature (accessed through Online Banking) that retrieves, organizes, consolidates and presents PFM Information to you about your Available Accounts;
- "PFM Service" means the PFM Foundation Service and the PFM Aggregation Service;
- "PFM Service Provider" means Yodlee Inc. who has been retained by Central 1 to assist in providing the PFM Service; and
- "Service Providers" means the PFM Service Provider, Celero and Central 1.
3. Availability and Use of PFM Service
- You acknowledge that we may make the PFM Service available to you from time to time but we are not under any obligation to do so.
- If we make the PFM Service available to you through Online Banking the PFM Foundation Service is an integrated part of Online Banking. While your use of the personal financial management and account aggregation feature of the PFM Foundation Service is optional however you acknowledge that we do provide some limited information about your Accounts with us to the PFM Service Provider regardless of whether you use these features. This information about your Accounts will be used by the PFM Service Provider to provide the PFM Service if you choose to use these personal financial management and account aggregation features. The information about your Accounts with us is anonymized for transmission to the PFM Service Provider.
- You understand that the PFM Service is performed and provided on our behalf by Celero and Central 1 and that Central has retained the services of the PFM Service Provider to assist in providing the PFM Service. You agree that the Mandatory Terms will apply to the PFM Service.
- You are responsible for advising us of each Available Account and each External Available Account that you wish to view through the PFM Service. However, you acknowledge that either we or our Service Providers can refuse to add an Available Account or an External Available Account in our sole discretion.
- You also acknowledge that we or our Service Providers can, at any time:
- Add or remove an Available Account or an External Available Account from the PFM Service for any reason;
- Verify any External Available Account
- Limit the number of Available Accounts or External Available Accounts that can be linked through the PFM Service.
4. Access to Accounts to Provide PFM Services
- You authorize and direct us and our Service Providers to do everything necessary to provide the PFM Service to you. Further, you authorize and direct the Service Providers to retrieve, consolidate, organize and present PFM Information to you. You confirm that you have the right to give the Credit Union and the Service Providers this authorization and direction.
- You understand and agree that by using the PFM Service you will be required to share certain otherwise confidential and personal information to the Service Providers. Specifically, the Service Providers are entitled to use and disclose your PFM Content to provide the PFM Service to you as set out in Section 3 of the Mandatory Terms,
5. Disclosure of PFM Content and Risk of Loss
- Where you have elected to aggregate your Available Accounts and/or External Available Accounts through the PFM Service, the Credit Union will disclose limited information about your Available Accounts to the PFM Service Provider solely for the purposes of providing the PFM Service to you.
- You understand and agree that no right of access to PFM Content granted by you to the Credit Union or the PFM Service Provider in order to provide the PFM Service creates an obligation for either party to monitor or warn you of any unusual or unauthorized account activity on any of your Available Accounts or External Available Accounts.
- You understand and agree that the Credit Union is not responsible for any loss of any kind relating to your disclosure of your PFM Content for the purpose of using the PFM Service, unless such loss is caused by the act or negligence of the Credit Union.
6. Entering Account Access Information (Applicable to PFM Aggregation Only)
- In order to access External Available Accounts to receive the PFM Service, you will directly provide the PFM Service Provider with your External Available Account Access Information for each External Available Account. Your External Available Account Access Information will be stored by the PFM Service Provider and used to retrieve PFM Information to be presented to you.
- The PFM Service Provider acts on your behalf to access information from your External Available Accounts. We do not access, store or have control over or access to any of your External Available Account Access Information.
- You will ensure that your External Available Account Access Information is true, accurate and complete. You must update your External Available Account Access Information as soon as it changes in order for the PFM Service Provider to retrieve PFM Information.
- We may refuse to add an External Available Account to the PFM Aggregation Service in our sole discretion. We reserve the right to verify and/or to have External Available Accounts removed from the PFM Aggregation Service at any time. We also reserve the right to limit the number of External Available Accounts that can be linked through the PFM Aggregation Service.
7. Rights and Obligations of PFM Service Provider (Applicable to PFM Aggregation Only)
8. Arrangements with External Available Account Providers
- It is your responsibility to review your agreements with your External Available Account Providers to determine whether disclosure of your External Available Account Access Information to the PFM Service Provider is authorized for the purposes of providing the PFM Service. You should also review your agreements to determine what the consequences of such disclosure and what your liability is in connection with such disclosure.
- You understand and agree that the PFM Information that is retrieved for you from External Available Account Providers is prepared by them and that we are not responsible for the completeness or accuracy of that information. The Credit Union and the PFM Service Provider will not be responsible or liable to you for any damages resulting from the use of or the inability to use PFM Information or the incompleteness or inaccuracy of data comprising the PFM Information.
- You also understand that PFM Information continues to be subject to any terms or conditions imposed by the External Available Account Providers. You must access the website or online service of the External Available Account Provider to view any information or content (other than PFM Information) including any notices, disclosures or disclaimers.
9. Disclosure of External Available Account Information to Other Financial Institutions
- As more particularly set out in Section 3 of the Mandatory Terms, where you have subscribed to services similar to the PFM Aggregation Service through other financial institutions, the PFM Service Provider is entitled to use and disclose your PFM Content in order to provide you with such services. Where you have subscribed to such services and choose to link your Available Accounts to be aggregated, the Credit Union will provide all information regarding your Available Accounts to the PFM Service Provider in order to allow the PFM Service Provider to provide the other aggregation services to you.
10. Withdrawal from PFM Service
- You can withdraw from the PFM Aggregation Service at any time by contacting us at your local branch.
- You may withdraw from the PFM Foundation Service at any time by contacting us at your local branch. However, you understand and agree that if you withdraw from the PFM Foundation Service, certain additional integrated services offered by the Credit Union, including online banking services, may no longer be available to you.
11. Marketing Consent for PFM Service
- You understand and agree that if you have previously provided us with written consent to receive marketing and promotional offers, we are authorized to use your PFM Information to provide you with marketing and promotional information related to the PFM Service.
- You may withdraw your consent to receive marketing and promotional offers at any time by contacting your local branch.
-MANDATORY PROVISIONS FOR ELECTRONIC SERVICES AGREEMENT-
1. PROVIDE ACCURATE INFORMATION - You, the end user, agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
2. PROPRIETARY RIGHTS - You are permitted to use content delivered to you through the PFM Service only on the PFM Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the PFM Service technology, including, any Java applets associated with the PFM Service.
3. CONTENT YOU PROVIDE - You hereby grant to the Credit Union and its service providers, including Yodlee Inc. and Central 1 (collectively, “Service Providers”) a license to use any information, data, passwords, materials or other content (collectively, “Your Content”) that you provide through or to the PFM Service for the following purposes:
- to provide the PFM Service to you;
- to provide you with access to Your Content through other similar services provided by Yodlee Inc. to other financial institutions that you have authorized to receive Your Content; and
- where you have expressly agreed to such disclosure (by or through an agreement between you and the applicable financial institution or otherwise), to provide those other financial institutions with information regarding all of the accounts that you have registered with the PFM Service (provided that such information shall not at any time include your user credentials or registration information regarding any account) so that they may use the information to provide or offer additional or complementary services to you (collectively, the “Permitted Purposes”).
The Credit Union and Service Providers may use, modify, display, distribute and create new material using. Your Content for the Permitted Purposes. By submitting Your Content, you automatically agree, or promise that the owner of Your Content has expressly agreed, that, without any particular time limit and without the payment of any fees, the Credit Union and Service Providers may use Your Content for the Permitted Purposes. As between the Credit Union and Service Providers, the Credit Union owns your confidential account information.
4. THIRD PARTY ACCOUNTS - BY linking an External Available Account to the PFM Service, you authorize the Credit Union and Service Providers, on your behalf, to access the applicable Third Party site to register the account for use by you in connection with the PFM Service and to retrieve data regarding the account for use by you as part of the PFM Service. For the foregoing purposes, you hereby grant to the Credit Union and Service Providers a limited power of attorney, and you hereby appoint each of the Credit Union and Service Providers as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access Third Party sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. You acknowledge and agree that when the Credit Union or Service Providers access and retrieve information from a Third Party site, the Credit Union and Service Providers are acting as your agent, and not the agent or on behalf of the Third Party that owns or operates the Third Party site. You agree that Third Party account providers and site operators will be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the PFM Service is not endorsed or sponsored by any Third Party account providers accessible through the PFM Service.
5. DISCLAIMER OF WARRANTIES - YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE PFM SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE PFM SERVICE IS AT YOUR SOLE RISK. THE PFM SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE CREDIT UNION AND SERVICE PROVIDERS EACH EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE PFM SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE PFM SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- THE CREDIT UNION AND SERVICE PROVIDERS MAKE NO WARRANTY THAT:
- THE PFM SERVICE WILL MEET YOUR REQUIREMENTS;
- THE PFM SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PFM SERVICE WILL BE ACCURATE OR RELIABLE;
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PFM SERVICE WILL MEET YOUR EXPECTATIONS; OR
- ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PFM SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE CREDIT UNION OR A SERVICE PROVIDER THROUGH OR FROM THE PFM SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
6. LIMITATION OF LIABILITY - YOU AGREE THAT NEITHER THE CREDIT UNION NOR ANY SERVICE PROVIDER NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY LOSS, DAMAGE OR OTHER HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF THE CREDIT UNION OR THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE PFM SERVICE;
- THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES;
- ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE PFM SERVICE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANYONE ON THE PFM SERVICE;
- THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE CREDIT UNION OR THE SERVICE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR
- ANY OTHER MATTER RELATING TO THE PFM SERVICE.
7. INDEMNIFICATION - You agree to protect and fully compensate the Credit Union and each Service Provider and their affiliates from any and all Third Party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your use of the PFM Service, your violation of these terms or any infringement, by you or any other user of your account, of any intellectual property or other right of anyone.
8. YODLEE - You agree that each Service Provider is a Third Party beneficiary of the above provisions, with all rights to enforce such provisions as if the Service Provider were a party to this Agreement.