Consent for Use of Electronic Signatures and Communication
Last Updated: APRIL 17, 2020.
In this Consent for Use of Electronic Signatures and Communications (“E-Sign Consent’), the words “you” and “your” mean any person giving consent to our use of electronic records and signatures as described below. The words “we,” “us” and “our” mean Bright Capital, Inc. d/b/a Bright Money, its representatives, successors and assigns, and its designated agents and service providers.
You are requesting or have obtained financial products or services from us. With your consent, we may choose to provide certain Records to you in electronic form and obtain your electronic signature in connection with those Records and other notices, instruments and terms. You are not required to receive Records in electronic form and sign them electronically. This applies to all communications regarding products and services ("Services") provided by Bright Capital Inc and our affiliates, bank partners, service providers ("Bright", "we", or "our") and your use of our website (www.brightmoney.co) and mobile application. If you do not want to consent to our use of electronic Records and signatures at this time, please close your web browser and do not electronically sign this E-Sign Consent.
Please read this E-Sign Consent carefully and print or save a copy for future reference to verify that you can keep this type of electronic Record.
Description of Electronic Records.
The “Records” covered by this E-Sign Consent include all applications, prequalification requests, inquiries, account opening disclosures, line of credit agreements, payment authorizations, other transaction documents, servicing communications as allowed or required by law, as well as any consumer notices, disclosures and information relating to the origination and servicing of the financial products you request or obtain from us, now and in the future, including those that must be signed or that we are required or allowed by law to provide in writing (for example, your credit application and our credit decision notices; your consent for our communications with you; all contracts, agreements, transaction and servicing documents, consumer notices and agreements relating to your line of credit agreements; your payments and payment authorizations; our privacy notices; billing notices and account statements; and all other communications or information relating to any financial products or services you request or obtain from us). We reserve the right to decide which Records to provide electronically and when to request your electronic signature for those Records.
Communications covered by this Consent include disclosures and communications we provide to you regarding our Services such as: (i) terms and conditions, privacy statements or notices and any changes; (ii) Services disclosures, transaction receipts and confirmations; (iii) account histories; and (iv) customer service communications (such as claims of error communications). We may provide Communications to you by email, text message, in-app message or by making them accessible on the Bright website, mobile application, or mobile website (including via links provided online and in emails). Communications will be provided online and will be viewable using browser software or PDF viewer software. You should print and save and/or electronically store a copy of all Communications that we send to you electronically.
Description of Electronic Signatures.
You agree that your electronic signature results from your use of a key pad, touch screen, mouse or other device on a computer, mobile device or other electronic access device (each, an “Access Device”) to select an item, button, box, icon or take similar action while you use any electronic service we offer, now and in the future. You agree we can obtain your electronic signature and rely on it to provide access to Records, to have you acknowledge receipt of Records, to have you authorize or give consent for transactions and action, to accept our terms and conditions, and to enter into contracts and agreements with us that are enforceable and binding on you, just as if you signed in writing. You agree that no certification authority or other third party verification is required to validate your electronic signature. You agree that the lack of any such certification or third party verification will not in any way affect the enforceability of your signature or resulting contract between you and us.
A computer or mobile device with Internet or mobile connectivity.
For website-based Communications, a current web browser that includes 128-bit encryption. Minimum recommended browser standards are Microsoft Internet Explorer version 8.0 and above (see www.microsoft.com/ie for current version), Mozilla Firefox current version (see www.mozilla.com for current version), Apple Safari current version (see www.apple.com/safari for current version), or Chrome current version (see www.google.com/chrome for current version). The browser must have cookies enabled.
For application-based Communications, a mobile phone operating system that supports text messaging, downloads, and applications from the Apple App Store or Google Play store.
Access to the email address used to create an account for Bright Services.
Sufficient storage space to save Communications and/or a printer to print them.
Hardware and Software Requirements.
To view and print or save electronic Records, you must use an Access Device that permits Internet access. You must have a printer or long-term storage device that allows you to print or save electronic Records for future reference. You must use web browser software that supports the HTTPS protocol, HTML, and cookies. Your browser software must support at least 128 bit encryption, such as current versions of Microsoft Internet Explorer®, Google Chrome®, Mozilla Firefox®, or something similar. You must have software that allows you to view and print or save PDF documents, such as Adobe Acrobat Reader X® or Foxit®. You must maintain a working electronic mail (“email”) account that allows you to view and print or save any electronic Records we send to your designated email address (including electronic Records displayed in the email message, attached to it, or displayed when you select links included in the message). If we change the hardware or software requirements in a way that creates a material risk that you will be unable to access or keep Records we previously provided to you in electronic form, we will display the revised requirements on our website or otherwise send notice to you of the revised requirements. If you have questions about any hardware or software requirements, you may email firstname.lastname@example.org.
Obtaining Paper Copies of Records.
You may request paper copies of the Records we provide at any time. You may ask us to send additional copies of a Record to your designated email address at no additional cost to you, which may allow you to print paper copies of the Record using your own Access Device and printer. If you want to receive paper copies from us of Records you previously authorized us to provide in electronic form, you may email email@example.com. Your request for a paper copy of any Record will not, by itself, mean you have withdrawn your prior consent to receive Records electronically. If you withdraw your prior consent for our use of electronic Records and signatures, your withdrawal of consent will not apply to any electronic Records or signatures provided before the date your withdrawal of consent takes effect. We may require you to pay reasonable charges for preparing and mailing paper copies of your Records, unless applicable law prohibits us from imposing those charges.
How To Update Your Contact Information and Designated Email Address.
If you have a working email address and/or telephone number, we may require you to include and maintain that information as part of your personal contact information. You agree to provide us with your correct and complete personal contact information and promptly notify us of any changes, including changes in your designated email address, telephone, and mailing address. You can update your contact information, including your email address, by email firstname.lastname@example.org.
Your Consent For Our Use of Electronic Records and Signatures.
By electronically signing this E-Sign Consent as described below, you agree that you reviewed this E-Sign Consent and verified that you can print or save a copy of it with your records. You give your express consent to receive, view and electronically sign the Records we display and provide to you in electronic form using your Access Device, including the electronic Records we display on our website or mobile application and those we may send to your designated email address. You agree that the electronic Records we send to your designated email address may include Records displayed in the email message, attached to it or displayed when you select links included in the message. When a Record is electronically displayed on your Access Device, you agree your electronic signature for the Record may include clicking on the displayed buttons, selecting the displayed boxes, typing your name in a designated field or otherwise selecting an electronic facsimile signature for the field, sending an email reply to a message transmitted to your designated email address, or taking other affirmative actions described when you view an electronic Record displayed on your Access Device. Your consent for our use of electronic Records and signatures will be effective unless you withdraw it in the manner described below.
Multiple Access Devices.
Your acceptance of this E-Sign Consent on one Access Device is also your acceptance on all Access Devices you use. For example, if you view and accept this E-Sign Consent on a mobile device, the terms of this E-Sign Consent will apply to electronic Records accessed on a traditional computer (or vice versa). Additionally, by viewing and accepting this E-Sign Consent on any Access Device, you are reasonably demonstrating your ability to access and view electronic documents in the format the services are provided on that Access Device and all subsequent Access Devices. If you change Access Devices (or use multiple Access Devices), you are responsible for ensuring your new Access Device meets the applicable system requirements and you are still able to access and view electronic Records on the subsequent Access Device. Continuing your application on other Access Devices is reaffirmation of your agreement to this E-Sign Consent.
Withdrawing Prior Consent for Electronic Records and Signatures.
If, at any time after your initial consent for electronic Records and signatures, you want to withdraw your prior consent, you may do so by email email@example.com. We will not impose any fee if you decide to withdraw your prior consent for our use of electronic Records and signatures. However, if you withdraw your consent, you will no longer be permitted to use and obtain certain services through our website or mobile application. Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it. If you withdraw your prior consent for our use of electronic Records and signatures, any electronic Records and signatures provided and obtained before the effective date of your withdrawal will remain fully effective, valid and enforceable.
Requesting paper copies of Electronic Communication.
You may request that we send you a paper copy of Communications via U.S. Mail. To request a paper copy, contact us at firstname.lastname@example.org. You must provide your current U.S. mailing address so we can process this request. We may charge you a reasonable fee not to exceed $10 per copy. Except as prohibited by law, we reserve the right, in our sole discretion, to deny your request.
Updating your Contact Information.
In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile device telephone number by updating your profile on the Bright website or mobile app. It is your responsibility to keep your contact information current so that Bright can communicate with you electronically. You understand and agree that if Bright sends you a Communication but you do not receive it because your contact information on file is incorrect, the Communication is blocked by your service provider, or you are otherwise unable to receive electronic Communications, Bright will be deemed to have provided the Communication to you. If we are unable to deliver electronic Communications to you, we may deem your account inactive. You may not be able to use our Services until we receive a valid, working primary email address and/or mobile device telephone number from you.
By checking the E-Sign Consent box displayed on our website or mobile application, you agree that:
You received, read and agree to the terms of this Consent for Use of Electronic Records and Signatures;
You verified that your Access Device and its use satisfy the hardware and software requirements described in this E-Sign Consent;
You provided us with a correct and current email address where we may send electronic Records to you; and
You consent to your and our use of electronic Records and signatures in connection with any services you request or obtain through our websites, mobile applications, the email address you provided requesting or obtaining financial products and services from us, and any updated email address you may provide in the future using the procedures described above.