Terms of Use

Personal Online Banking

Internet Banking Access Agreement and Terms of Service

1. INTRODUCTION AND DEFINITIONS

Please be sure you have carefully read and understand this document before proceeding to login to Personal Online Banking. Your initial login to First National Bank of McHenry’s Personal Online Banking acknowledges your receipt of this document and confirms your acceptance and adherence to the following terms and conditions.

The online banking agreement (Agreement) states the terms and conditions for accessing your First National Bank of McHenry accounts via First National Bank of McHenry’s Personal Online Banking. In this agreement, the term “Personal Online Banking” refers to the internet banking service provided by First National Bank of McHenry for use to access and view accounts within the bank via personal computer. The terms “you”, “your”, and “yours” refer to the person(s) or business who holds and signs on an account with The First National Bank of McHenry and wishes to use Personal Online Banking. The words “bank”, “we”, “our”, and “us” refer to The First National Bank of McHenry. The term “business days” mean Monday through Friday, excluding Saturday, Sunday and federal banking holidays. The term “account” means checking, savings, certificate of deposit, loan, or money market account that you have with us for personal, family, or household use maintained at First National Bank of McHenry. The term “transfer” means the act of withdrawing the necessary funds from a specified account with us and depositing them in another specified account with us. The term “bill payment”, “ Classic Bill Pay-e”, and “Bill Pay-e Plus” mean our service offered through Personal Online Banking that allows you to pay a designated payee based on your instructions transmitted to us via personal computer. The term “payee” means any individual or business entity that you wish that you wish to be the recipient of an above designated bill payment.

Each of your accounts at First National Bank of McHenry is also governed by the conditions outlined in the “Your Deposit Account” brochure. This agreement will be governed by and interpreted in accordance with federal regulation, and to the extent there is no applicable federal law or regulation, by the laws of the State of Illinois.

This agreement contains the entire agreement between bank and you with respect to matters covered herein. No other agreement, statement, or promise, by any employee or officer of the bank that is not signed and in writing is not binding.

2. PERSONAL ONLINE BANKING ACCESS REQUIREMENTS

To use Personal Online Banking, you must have at least one First National Bank of McHenry account, access to Internet Service with the approved Internet Browser software with 128-bit encryption, and have completed and signed the bank provided enrollment form. At the time you enter into this agreement, you must have an e-mail address with an Internet Service Provider (ISP). We will confirm your e-mail address provided by you to us by forwarding an e-mail to you with a confirmation of enrollment. Should your e-mail address change you agree to notify us at once of the change. If you do not notify us, you will hold us harmless from any consequences, including financial loss, resulting from your failure to notify us of the change.

You are solely responsible for the equipment you use to access Personal Online Banking. This includes your personal computer, modems, or any software you may need to access the internet. We are not responsible for errors or delays or your inability to access Personal Online Banking caused by your equipment. We are not responsible for the cost of upgrading your equipment to use Personal Online Banking nor are we responsible for errors or failures from any malfunction of your equipment or any virus or other problems related to the use of Personal Online Banking which includes but is not limited to damage to your equipment or any data contained on it. We are not responsible for any loss, damage, or injury resulting from an interruption of your electrical power or telephone service; or the disconnecting of your telephone line by a telephone company or from deficiencies in your line quality.

3. ENROLLMENT

Before using this service, we will require each user to complete and sign and enrollment form that may be obtained at any First National Bank of McHenry location. Personal Online Banking usage can consist of a single use (one person) or joint use (several persons). Each person seeking access to Personal Online Banking must be a signer on the account which is to be accessed and the signature must agree on the Personal Online Banking application with the documents used when the account was established. WE ARE UNABLE TO PROCESS REQUESTS RECEIVED VIA TELEPHONE, E-MAIL, OR FROM A FAX MACHINE. We will send you a confirmation of your enrollment by sending you an ACCESS ID via e-mail. You will receive your PASSWORD via The United States Postal Service to the address on file with us after we process your enrollment form. Accounts that have prearranged restrictions such as more than one signature for withdrawal may not register for Personal Online Banking We reserve the right to deny, restrict, or otherwise terminate the Personal Online Banking to individuals or businesses that frequently misuse or violate the terms and conditions of this agreement as well as any other bank established terms and conditions.

4. THE ACCESS ID AND PASSWORD

Your initial ACCESS ID and PASSWORD will be randomly assigned by the bank. Your ACCESS ID will NOT change, however your PASSWORD is required to be changed the first time you login to Personal Online Banking. We will require your new PASSWORD to be a minimum of 3 letters and 2 numbers, up to a maximum of 10 total characters. Please remember that the ACCESS ID and PASSWORD is case sensitive. We strongly discourage using common PASSWORDS (i.e. dates of birth, initials, social security numbers, children and pet names, phone numbers, addresses, etc.) Because this ACCESS ID and PASSWORD can be used to access money in your accounts, you should treat this ACCESS ID and PASSWORD with the same degree of care, secrecy, and common sense that you use to protect other sensitive financial data. Your PASSWORD should be memorized and not written down, and should not be stored or remembered by your browser or any other software. You agree not to give your ACCESS ID and PASSWORD, or make it available, to any other person. Under no circumstances will a bank representative contact you via telephone or e-mail and request your ACCESS ID and/or PASSWORD. Should you receive such communication, please ignore the request and advise us accordingly at 815.385.5400. You furthermore agree to promptly examine your monthly bank statement from us in order to detect any unauthorized transactions. If you believe that your ACCESS ID and/or PASSWORD may have been stolen, or unauthorized access has occurred on your account, contact The First National Bank of McHenry at 815.385.5400 at once to report your concerns. We are able to restrict access and change your ACCESS ID and PASSWORD immediately after learning of a suspected security breach.

5. MULTI-FACTOR AUTHENTICATION

First National Bank of McHenry uses Multi-Factor Authentication to provide an additional layer of security against fraudulent attacks such as phishing, spoofing, key logging, and identify theft. All users will be required to select challenge questions and answers, select a unique image, and create a personal description (also known as the Authentication Pass Phrase) for the image that is only known by you. Each time you log in thereafter, the image and Authentication Pass Phrase will appear to verify to you that you are on the official First National Bank of McHenry’s website before entering your PASSWORD. You will NOT have to select a new Password during this process.  First National Bank of McHenry will also authenticate your computer. First National Bank of McHenry has the ability to recognize the computer or computers from which you usually log on. If our system detects a suspicious login due to an unfamiliar computer, it will automatically present you with challenge questions that were previously selected during the Multi-Factor Authentication enrollment process.

6. SERVICES AND BENEFITS AVAILABLE USING PERSONAL ONLINE BANKING

If you have multiple accounts at the bank, you may inquire on any or all of the following types of accounts using Personal Online Banking: Checking and Money Market Accounts, Statement Savings Accounts, Certificates of Deposit, Individual Retirement Accounts, Consumer Loans, Line of Credit Accounts, and Mortgage Loans.

First National Bank of McHenry’s Personal Online Banking offers many options that vary by account type. The following shows the services that may be available to you depending upon your account:

Account Type Balances History Transfer Bill Pay
Checking Accounts X X X X
Money Market X X X  
Statement Savings Accounts X X X  
Passbook Savings Accounts      
Certificates of Deposit X X    
IRAs X X    
Line of Credit/Loans X X X  

The above noted services may also be further restricted by your individual account agreements that were provided to you upon opening of your particular account.

Account Balances and History 

Personal Online Banking provides balance and transaction information to you as of the close of business the preceding day. Occasionally, same day electronic credits and debits will also be available for viewing and reflected accordingly in your balance at the time of your request. Please be advised that that your balance and transaction history may be updated and changed periodically throughout the day. The balance shown may differ from your records because it may not include deposits in progress, outstanding checks, or other withdrawals, payments, or charges.

Transfers

Transfers can be made from any accounts that do not require more than one signature to make withdrawals. Transfers can be processed between accounts at First National Bank of McHenry that share one common owner. We reserve the right to limit the frequency and dollar amount of transactions on your accounts for security reasons.

When you schedule a transfer using Personal Online Banking, you authorize us to withdraw the necessary funds from your specified account with us and deposit them in another specified account with us. We may refuse to act on your instructions if sufficient funds, including funds on your First Reserve Line of Credit, are not available in your account on the date you want us to process your transfer.

We are able to process a transfer request on the same business day provided we receive your instructions before 6:00 PM Central Time on a valid business day. Transfer requests received after the designated cut-off time or on a non-business day or Federal Holiday will be processed the next business day.

Based on your instructions, we will charge the appropriate account for the amount of your transfer on the day you request the transfer as well as a credit to the account that is to receive the credit. If the date that you schedule a transfer falls on a non-business day or a Federal Holiday, we will process your instructions the next business day.

If your account does not have sufficient available funds to cover a transfer you request, you understand that an overdraft may result. This overdraft will remain in effect until a) the balance in your account is sufficient to hold and process the transfer or b) you cancel the transfer following the online instructions using Personal Online Banking.

Should an overdraft occur, the bank prioritizes electronic transfers that involve preauthorized currency disbursements, such as Visa Check Card and ATM transactions, first. Consequently, electronic transfers initiated via Personal Online Banking, may be cancelled at our discretion or honored with the appropriate overdraft charges assessed to your account as outlined in the brochure “Your Deposit Account.”

To cancel a transfer that you have scheduled through Personal Online Banking, you must cancel the payment by following the online instructions using Personal Online Banking before 5:00 PM Central Time on the business day before the payment is scheduled to be charged to your account.

In some instances, you may be able to cancel a transfer on the same day that the transfer is scheduled to be charged to your account. If you choose to cancel a transfer the same day it is scheduled to be charged, you must follow the online instructions using Personal Online Banking and cancel the transfer before 5:00 PM Central Time. Because the transfer hold had already been placed on your account, your ability to use those funds held for the payment in your account will be restricted until the next business day.

Once the transfer has been charged to your account, you may not stop or cancel a transfer.

Bill Payments 

See section 8.

7. TRANSFER LIMITATIONS

Your ability to transfer funds between certain accounts is limited by Federal Law, as stated by your deposit agreement with The First National Bank of McHenry. For example, you can make no more than six (6) transfer from a savings or money market account during each statement period, and, in the case of a money market account, no more than three (3) of such transfers made by made by check, draft, or similar order made by you and payable to third parties. Transfers and bill payments made using Personal Online Banking are counted against the permissible number of transfers, as are the other transfer methods described in your account agreement with The First National Bank of McHenry. If an uncollected funds hold is placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires. The bank reserves the right to limit the frequency and dollar amount of transactions from your accounts for security reasons.

8. USING THE BILL PAYMENT SERVICE

You may use Personal Online Banking to electronically schedule payments in US Dollars to any third party merchant or individual that receives payments in the United States. You must designate a personal checking account with us to use as your bill payment account.

How to Set up Payees / Payments 

Complete a bill payment enrollment form. If you want to add a new payee, either submit your request in writing, use the “Set-Up Accounts / Payee” on the internet site, or speak to a customer service representative. You may add a new fixed payment to a payee, only if the payee is on your authorized list of payees, as well as accessing the service and entering the appropriate information. Most other additions, deletions, or changes can be made in writing or by using the service. The bank reserves the right to refuse the designation of a payee for any reason. Each payee accepted by the bank will be assigned a payee code. You may pay almost any payee you wish. There are however some restrictions: 1) The merchant or payee must be located in the United States and the payment may not exceed $5,000 per payee, per day; 2) Payments may not be remitted to tax authorities or government and collection agencies; 3) Payments may not be remitted to security companies such as Ameritrade for stock purchases or trade taxing authorities and 4) Court directed payments are unauthorized (alimony, child support, or other legal debts). However, you may use the system for, to name a few, sending money to children away from home at school, charitable donations, credit cards, utilities, local merchants, etc. A merchant is defined as anybody (company or individual) to whom you want to send money.

First National Bank of McHenry shall not be responsible if a bill payment can not be made due to incomplete, incorrect, or outdated information provided by you regarding a payee or if you are attempting to pay a payee that is not on the authorized payee list. When you request that a bill payment be made, you must also provide us with the complete name of the payee, the account number, and the payee’s remittance address for bill payments, all exactly showing on the billing statement or invoice; the amount of the payment; and the date you want the payment to be charged to your account.

Please be aware that some payees receive their payments at a different address than you provide to us. In these instances, the payee will return the payment to us with corrected instructions. We reserve the right to resubmit your payment using the payees corrected instructions. Should our good faith attempts to resubmit your payment fail, we will recredit your account for the amount of the payment and advise you accordingly. You assume full responsibility for supplying us with the correct bill payment information, and agree that the bank in no way is liable for your losses or damages in relation missing, erroneous, or incomplete bill payment information.

In rare instances, a payee may not accept bill payments or may process bill payments from us in a timely manner. In these cases, we may choose not to make payments to such payees and advise you accordingly.

The Bill Paying Process 

The bank will process variable payments on the business day you designate the bill to be processed, provided the payment request is received prior to the cut-off time set by First National Bank of McHenry. Currently the cut-off time specifically for bill payments is 2:00 PM Central Time. Variable bill payment requests received after 2:00 PM or at any time on a non-business day will be processed on the next available business day. The First National Bank of McHenry reserves the right to change the cut-off time for bill payment by giving you notice if it changes.

For recurring payments, if you designate a processing date of the 28th through the 31st of a month and this date falls in a short month, processing will be initiated on the first business calendar day of the month following that date. Otherwise, recurring payment requests will be processed on the dates you have designated, unless that date falls on a non-business day resulting in your payment being processed on the next business day.

YOU MUST ALLOW AT LEAST FIVE (5) BUSINESS DAYS, PRIOR TO THE DUE DATE, FOR EACH BILL PAYMENT (RECURRING OR VARIABLE) TO REACH THE PAYEE. IT IS THE RESPONSIBILITY OF YOU TO SCHEDULE / ACTIVATE RECURRING PAYMENTS. IT IS RECOMMENDED THAT ADDITIONAL DAYS BE ALLOWED FOR PAYMENTS TRAVELING MORE THAN FOUR (4) STATES FROM ILLINOIS.

In most circumstances, following the above criteria will allow your payment to reach the intended payee and be posted to your account with the payee in a timely fashion. You agree and understand that we are not responsible for the timely delivery of mail or the improper transmission or handling of payments by a third party such as the failure of the bill payment payee to properly post a payment to your account.

You agree to have available and collected funds on deposit in the account you designate in amounts sufficient to pay all bill payments requested, as well as, any other payment obligations you have to The First National Bank of McHenry. Because the bank prioritizes electronic transfers that involve preauthorized currency disbursements, such as Visa Check Card and ATM transactions first, the bank reserves the right, without liability, to reject or reverse a bill payment if you fail to comply with this requirement or any other terms of this agreement. If you do not have sufficient funds in the account and the bank has not exercised its right to reverse or reject a bill payment, you agree to pay for such obligations as well as any applicable overdraft fees on demand. You further agree that the bank, at its option, may charge any of your accounts to cover such obligations.

Any bill payment can be changed or canceled, provided you access the service prior to the cut-off time on the business day prior to the business day the bill payment is going to be initiated.

Once the bill payment has been charged to your account, you may not stop or cancel a bill payment.

Liability

You are solely responsible for controlling access to the bill payment section of First National Bank of McHenry’s Personal Online Banking. You are liable for all transactions you make or that you authorize another person to make even if that person exceeds his or her authority. If you want to terminate another person’s authority, you must notify us and arrange for us to suspend your account and change your password. You will be responsible for any bill payment request that contain an error or is a duplicate of another bill payment. The bank is not responsible for a bill payment that is not made if you did not follow the instructions for making a bill payment. The bank is also not liable for any failure to make a bill payment if you fail to promptly notify the bank after you learn that you have not received credit from a payee for a bill payment. Furthermore, the bank is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications failure, and no such party shall be deemed to be the bank’s agent. In any event, the bank will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this agreement or the bill payment service, even if the bank has knowledge of the possibility of them. The bank is also not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond the bank’s reasonable control.

9. PROCESSING BILL PAYMENTS

Bill payments are processed either electronically or by bank check.

Electronically processed payments are sent directly to the payee’s bank for further credit to your account with the payee. These types of electronic payments are received by the payee within three to five business days.

Bill payments may also be made by bank check. In this case, we will act on your payment instructions by generating a bank check and mailing it via The United States Postal Service. These types of payments are received by the payee within five to seven business days.

10. FEES AND CHARGES

You agree to pay the fees and charges for use of Personal Online Banking as set forth in the current fee schedule. You agree that all such fees and charges will be deducted from your bank checking account designated as your primary account as noted on your enrollment form. If you close your primary checking account, you must contact us immediately to designate another account as your primary checking account. You agree to pay any additional reasonable charges for services you request that are not covered in this agreement that include but are not limited to hourly research charges, overdraft charges, or stop payment charges. Additional charges include, but are not limited to the following:

Written Correspondence to Payee $10.00
Proof of Payment not necessitated by a dispute $10.00
Payments returned due to customer error $5.00
Overdraft Charges $20.00 per item

There will be no charge for any item needed to correct a bank error.

You are solely responsible for telephone and internet service fees you incur in connection with using Personal Online Banking. Currently, Personal Online Banking and its accompanying bill payment feature is available to all personal account holders at no cost. Prices are subject to change.

11. STATEMENTS

You will not receive a separate Personal Online Banking Statement. Transfers and bill payments to and from your accounts will appear on your monthly statement for your bank accounts.

12. INTERNET SECURITY

Although data passed between Personal Online Banking and you is encrypted in an effort to provide transmission security, you acknowledge that the internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the internet and potentially can be monitored and read by others. We cannot, and do not, warrant that all data transfers and e-mail messages to and from us will not be monitored by others. Additionally, your internet browser, e-mail, financial or other software, personal computer, or other devices may capture, save, cache, or forward account or personal information delivered by us to you. This information may be captured, saved or cached, on your computer’s memory or hard drive or other devices, either within your computer or other devices or within a remote computer through which your computer is networked or communicates with in any means. You agree to hold us harmless from any losses or damages resulting from the unauthorized use or disclosure of this information.

13. E-MAIL MESSAGES

The bank recognizes e-mail as a simple and cost effective method of communication, however requests and inquiries requiring immediate attention should not be sent via e-mail. Similarly, sensitive personal and account information such as account numbers, PASSWORDS, PINS, or Social Security Numbers should not be sent via e-mail. Because an e-mail message may not be reviewed by a bank representative immediately, you must contact the bank via telephone or in person for immediate attention. E-mail messages will not serve as a sufficient method for any requirement imposed on you to provide written notice, nor may e-mail messages be used to place a stop payment on a check, cancel a bill payment, request account transfers, or report lost or stolen banking codes and/or cards.

14. CONSUMER LIABILITY FOR UNAUTHORIZED TRANSFERS

Tell us AT ONCE if you believe your ACCESS ID and or PASSWORD has been lost, stolen, otherwise compromised. Telephoning us is the best and quickest way of keeping your possible losses to a minimum. Otherwise, you could lose all the money in your accounts accessed through Personal Online Banking (plus your available balance in your First Reserve Line of Credit.)

If you tell us within two business days after you discover that your PASSWORD has been lost or stolen, you can lose a maximum of $50.00 if someone used your PASSWORD without your permission. If you do not tell us with two business days after you learn of the loss or theft of your PASSWORD and we can prove we could have stopped someone from using your PASSWORD without your permission if you had told us, you could lose as much as $500.00

If your statement shows transfers that you did make or authorize, tell us at once. If you do not tell us within 60 days after the first paper statement was mailed to you, we will assume it to be correct and consequently you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.

If you believe your PASSWORD has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call us at: (815)385-5400. Or write to: The First National Bank of McHenry – Post Office Box 338 – McHenry IL 60051.

If a good reason (such as a hospital stay) prevented you from telling us, we will extend the time periods.

15. OUR LIABILITY FOR FAILURE TO MAKE A TRANSFER OR BILL PAYMENT

If we do not complete a transfer or bill payment to or from your account on time or in the correct amount according to our agreement with you, we may be liable for some of your losses or damages. However, we will not be liable:

  1. If, through no fault of ours, you do not have enough money in your account to make the transfer or bill payment.
  2. If the money in your account is subject to a dispute, legal process, or other encumbrance restricting the transfer.
  3. If the transfer or bill payment would go over the credit limit on your First Reserve Line of Credit.
  4. If your computer was not working properly when you started the transaction.
  5. If the Personal Online Banking system or any other electronic funds transfer system was not working or was temporarily unavailable when you started the transaction.
  6. If circumstances beyond our control (such as fire, flood, or an Act of God) prevents the transfer, despite reasonable precautions that we have taken.
  7. If you commit fraud or violate any law or regulation.
  8. If you have not followed the instructions for using Personal Online Banking or Bill Payment, or have not properly submitted a bill payment or transfer request.
  9. If you have not provided us with complete and correct payment information, including but not limited to: the name of the payee, the complete postal address for bill payments of the payee, your account number with the payee, and the payment amount.
  10. For the timely delivery of mail or the improper transmission or handling of payments by a third party such as the failure of the bill payment payee to properly post a payment to your account.
  11. We will not be liable for indirect, special, or consequential damages arising from the use of the bill payment service.
  12. There may be other exceptions in our agreement with you.

16. IN CASE OF ERRORS OR QUESTIONS ON PERSONAL ONLINE BANKING AND BILL PAYMENT TRANSACTIONS.

In case of questions or errors about Personal Online Banking transfers or Bill Payments using Personal Online Banking you should do the following:

Visit us during regular business hours, telephone us at 815.385.5400 or write us at: THE FIRST NATIONAL BANK OF MCHENRY, POST OFFICE BOX 338, MCHENRY ILLINOIS, 60051-0338 as soon as you can and identify why you think your statement is wrong, or are able to identify an error or discrepancy with your statement or transaction record, or if you need more information about a transfer or transaction on your statement or transaction record. We must hear from you no later than 60 days after we sent you the first paper statement on which the problem or error appeared. In this communication from you, you must:

  1. Tell us your name and account number.
  2. Describe the error or transfer that you are unsure about, and explain clearly as you can as to why you believe it is an error or why you need more information.
  3. Tell us the dollar amount of the suspected error.

For a bill payment item you must also tell us:

  1. The specific account number used to pay the bill.
  2. The payee name.
  3. The date the payment was sent.
  4. The payment amount.
  5. The payee account number for the payment in question.

If you tell us orally, we will require that you send us your inquiry or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your inquiry or question. If we decide to do this, we will credit your account within 10 business days for the amount you believe in error, so that you have use of the money during the time it takes us to complete our investigation. If we ask you to put your inquiry or question in writing and we do not receive it within 10 business days, we may not recredit your account. We will tell you the results of our investigation within 3 business days after completing our investigation. If we decide there was no error, we will send you a written explanation of our findings within 3 business days after we finish our investigation. We will also charge your account the amount that was provisionally credited. You may ask for copies of the documents that we used in our investigation.

17. HOURS OF ACCESSIBILITY

You may use Personal Online Banking seven days a week, 24 hours a day, although some or all of Personal Online Banking’s services may not be available occasionally due to emergency or scheduled maintenance. Should Personal Online Banking be unavailable for an extended period of time, we will post such notices on our website, www.firstmchenry.com.

18. NEW SERVICES

Occasionally, The First National Bank of McHenry will change, expand or otherwise enhance products and services offered online. We will update this online banking agreement accordingly and notify of you of such change by mail or electronic message. By using Personal Online Banking following the effective date of any change, you agree to be bound by the amended terms of the revised agreement.

19. TERMINATION

This agreement shall remain in effect until it is terminated by either you or us. You may terminate this agreement by notifying us of your intention to cancel Personal Online Banking, the Bill Payment feature within Personal Online Banking, or both, by calling us at 815.385.5400 or writing to us at First National Bank of McHenry – Post Office Box 338 – McHenry IL 60051-0338. We may terminate this agreement and your participation in Personal Online Banking at any time for any reason, including inactivity for a period of six months or if your accounts with the bank are closed. Although we will try to notify you if we exercise our right to terminate this agreement, we are under no obligation to do so. Should you wish to terminate this agreement, you are responsible for canceling all prearranged transfers.

If you wish to cancel only the Bill Payment feature of Personal Online Banking, you must notify us within 3 days before your service charge is scheduled to assess. The bank is not responsible for any fixed payment made before the bank has a reasonable opportunity to act on your termination notice. You remain obligated for any payments made by the bank on your behalf. Cancellation of Personal Online Banking only applies to Personal Online Banking and not to any other accounts with the bank.

20. PRIVACY AND CONFIDENTIALITY

Protecting your financial and personal information is very important to you. As a valued customer of The First National Bank of McHenry, it is very important to us as well. The bank has adopted the following “Privacy Policy” to protect your private information and maintain the trust you have placed in us.

Recognizing Your Expectation of Privacy 

Every customer expects his or her personal and financial information to remain private. We intend to uphold your privacy expectations, and have put standards and procedures in place to make sure we do so.

Maintaining Accurate Information 

We work hard to ensure that your information is accurate, current, and complete. Should you believe information we have to be inaccurate or incomplete, please notify us. We will investigate your concerns and correct any inaccuracies.

Collecting, Using, and Retaining Information About You 

We will collect, use, and retain information about you only when it:

  1. Is necessary to protect and administer your records, accounts, and funds;
  2. Allows us to design and offer products, services, and opportunities;
  3. Is allowed by law or needed to comply with certain laws and regulations;
  4. Enables us to understand your financial needs and provide service that exceeds your expectations.

We collect and retain information only for specific business purposes, in these instances we may disclose information to third parties about your account or the transactions:

  1. when it is necessary for completing transactions or resolving errors involving Personal Online Banking.
  2. to verify the existence and condition of your account for a third party, such as credit bureau or a merchant.
  3. to comply with a government agency, court order, or federal banking regulator.
  4. to our employees, service providers, auditors, or attorneys in the course of their duties.
  5. if you give us permission.
  6. on a closed account, if we reasonably believe you have mishandled it.

We do share information with reputable credit bureaus and other information reporting agencies. We do not provide personal or account information to any company not affiliated with The First National Bank of McHenry for purposes of independent telemarketing or direct mail marketing of any non-financial product. Should the bank ever choose to provide such information for these purposes, you will be informed of this decision and given an opportunity to decline having your personal information disclosed.

Protecting Information Through Established Security Procedures 

Our computer and data processing systems use many security standards and procedures that protect your account information from being accessed by non-authorized outside parties. Likewise, paper-based information is handled in a secure responsible manner.

Maintaining Customer Privacy in Our Relationships with Outside Parties 

The bank maintains relationships with certain outside vendors, such as auditors and data processors, to provide services to us that directly benefit you. When necessary, we provide personally identifiable information as part of this relationship. We require all such vendors to maintain similar privacy standards and maintain the confidentiality of your information.

Limiting Employee Access to Information 

All of our employees are trained to understand the importance of maintaining confidentiality and protecting your privacy. Access to personally identifiable customer information is limited to those employees with business reason to know such information about you. Employees who violate the Privacy Statement are subject to disciplinary action.

21. ASSIGNMENT

You may not assign this agreement to any other party. We may assign this agreement or delegate any or all of our rights and responsibilities under this agreement to any third parties.

22. CHANGE IN TERMS

We may change the terms of this agreement at any time upon at least 21 days written notice to you prior to the effective date of any change. If you do not agree to the change, you must notify us prior to the effective date of the change and cancel your access to Personal Online Banking.

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