Herring Bank’s ELECTRONIC COMMUNICATION DISCLOSURE AND CONSENT POLICY

Herring Bank’s Electronic Communication Policy | Herring Bank

Last Updated: April 21, 2025

HERRING BANK ACH PAYMENT PLATFORM ELECTRONIC

COMMUNICATION DISCLOSURE AND CONSENT

 

Please review this document carefully and print a copy for your reference.

This Herring Bank ACH Payment Platform Electronic Communication Disclosure and Consent (this “Disclosure”) applies to all communications for those products and services offered using the Herring Bank ACH Payment Platform (collectively, “Services”) (“Communications”).

  1. Definitions

The words “we,” “us,” and “our” refer to Herring Bank. The words “you” and “your” mean you, the individual person. For the purposes of this Disclosure, “Communication” means any agreements or amendments thereto, disclosures, notices, responses to claims, transaction history, privacy policies, and all other information related to the Services.

You may access an online copy of this Disclosure at any time through the Mobile App (the “App”) where you access the Services. We may amend this Disclosure at any time by making a revised version available through the App. In addition, if the revised Disclosure includes a substantial change, we will provide you with 30 days’ prior notice of the change.

  1. Scope of Communications to Be Provided in Electronic Forms

You are entitled by law to receive certain Communications in writing. When you use a Service to which this Disclosure applies, you agree that we may provide you with any Communications (including those which must be provided in writing) in electronic format, and that we may discontinue sending paper Communications to you, unless and until you withdraw your Consent as described hereinafter (your “Consent”). Your Consent to receive electronic Communications and transactions includes, but is not limited to:

  • All legal and regulatory disclosures and communications regarding your Herring Bank ACH Payment Platform;
  • Notices or disclosures about a change in the terms of your Customer Account or the Services;
  • Privacy policies and notices; and
  • All agreements, disclosures, notices, and other communications related to the Herring Bank checking account opened for you in connection with your use of the Services, including, but not limited to, the Deposit Account Agreement, account-opening disclosures, fee schedules, federal and state banking disclosures, and periodic checking account statements, and transaction receipts or confirmations.
  1. Method of Providing Communications to You in Electronic Form

All Communications that we provide to you in electronic form will be provided either (1) via e-mail, or an e-mail with a link to the document, (2) by access to a web site that we will designate in an e-mail notice we send to you at the time the information is available, (3) to the extent permissible by law, by access to a web site that we will generally designate in advance for such purpose, (4) by sending Communications to a mobile device that you have designated, or (5) by any other electronic means we have agreed upon with you.

  1. Hardware and Software Requirements to Access Information

To access, view, and retain electronic Communications that we make available to you, you must have the following equipment and software:

  • A computer with an Internet connection.;
  • A current web browser that includes 128-bit encryption. (Minimum recommended browser standards are Microsoft Internet Explorer version 9.0 and above, or latest versions of Chrome, Safari, and Firefox). The browser must have cookies enabled;
  • A valid email address;
  • Sufficient storage space to save past Disclosures and Communications or an installed printer to print them; and
  • If you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add @herringbank.com to your email address book.

The above-listed equipment and software must be provided by you, at your own expense. We will notify you if there are any material changes to the hardware or software needed to receive electronic Communications from us. By giving your Consent, you are confirming that you have access to the necessary equipment and can receive, open, and print or download a copy of any Communications for your records.

  1. How to Withdraw Consent

You may withdraw your Consent to receive Communications in electronic form by sending a request in writing to Herring Bank, 2201 Civic Circle 3rd Floor, Amarillo, Texas 79109. At our option, we may treat your provision of an invalid e-mail address, or the subsequent malfunction of a previously valid e-mail address, as a withdrawal of your Consent to receive electronic Communications.

No fees will be imposed to process the withdrawal of your Consent to receive electronic Communications; however, your access and use of the Service will be terminated. Any withdrawal of your Consent to receive electronic Communications will be effective only after we have a reasonable time to process your withdrawal.

  1. How to Update Your Records

It is your responsibility to provide an accurate and current e-mail address and other information related to this Disclosure and your Herring Bank ACH Payment Platform, and to maintain and update promptly any changes to this information. You can update your contact information (such as your e-mail address and mobile number) by using the App associated with your Customer Account. You can also do this by contacting Customer Service at: (866) 348-3435 or email us at [email protected]. Our customer support team is available Monday through Friday, from 9:00 a.m. to 5:00 p.m. Central Time, excluding bank holidays.

  1. Requesting Paper Copies

You have the right to receive a paper copy of all Communications. We will not send you a paper copy of any Communication unless you request it or we otherwise deem it appropriate to do so. You may obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, please submit your request to [email protected]. You may also request a paper copy in writing at Herring Bank, 2201 Civic Circle 3rd Floor, Amarillo, Texas 79109. We may charge you a reasonable service charge up to $10 per document (or such other amount as permitted by applicable law) for the delivery of paper copies of any Communication provided to you electronically pursuant to your Consent. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.

  1. How We Protect Your Information

We comply with the Gramm-Leach-Bliley Act (GLBA) and other privacy laws to safeguard your information. We:

  • Use encryption and secure servers for electronic Communications;
  • Restrict access to authorized personnel only; and
  • Notify you of any data breaches affecting your information, as required by law.
  1. Communications in Writing

You agree that all electronic Communications delivered under the terms of this Disclosure will satisfy any legal, regulatory, or contractual requirements to provide you the Communications “in writing,” and that the electronic versions of any such Communications will have the same legal effect as if they were provided in paper form under E-SIGN and applicable state laws. You should print or download for your records a copy of this Disclosure and any other Communication that is important to you as they may not be accessible online at a later date.

We retain electronic Communications for a minimum of 7 years as required by law, but you are responsible for maintaining your own records after that period.

  1. Opt-Out for Marketing Communications

You may opt out of marketing emails or text messages at any time by:

  • Following the unsubscribe instructions in the message; or
  • Contacting us as described in Section 5.

This will not affect required account-related Communications. If we send text messages, you consent to receive them, and message/data rates may apply based on your mobile plan. We comply with the Telephone Consumer Protection Act (TCPA) and will honor opt-out requests promptly.

  1. E-mail Compliance

Our e-mail Communications comply with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM), including providing a clear opt-out mechanism, accurate sender information, and no deceptive subject lines.

  1. Password Security

Your usernames and passwords that are used to access the Services should be kept confidential. We strongly recommend that you change your passwords regularly. You are responsible for keeping your usernames, passwords, account numbers and other account data confidential.

  1. Federal and State Law

You acknowledge and agree that your Consent to electronic Communications 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 “Act”), and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means. We also comply with Texas and other applicable state laws, including privacy and consumer protection regulations.

  1. Termination or Changes

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.

  1. Consent

By selecting “Agree”, you represent that you have read and understand this Disclosure and that you affirmatively consent to receive all Communications regarding the Services that are offered through the App electronically as described herein. You are also confirming that you have the authority to consent on behalf of the person responsible for making payments and merchandise purchases using the Services. You agree that we do not need to provide you with an additional paper (non-electronic) copy of the Communications, unless specifically requested. You further agree that your computer satisfies the hardware and software requirements specified above and that you have provided us with a current e-mail address and mobile number at which we may send electronic Communications to you.

This Electronic Communication Consent applies only to Communications you receive from us. Any notices or other Communications which you are required to send to us must be in writing, whether pursuant to our agreements with you or under applicable law must still be mailed in paper form to the applicable address we have provided to you, unless (i) our agreements expressly state that we will accept a particular type of notice or other Communication through an alternate method, or (ii) we have separately agreed with you to accept delivery through an alternate method.

Your Consent also applies to all documents, disclosures, and agreements related to the checking account that may be opened for you at Herring Bank in connection with your use of the Services.