Rev. 12/5/2018

OVERVIEW

This document provides important information about the terms applicable to your Kids Savings account. Please be sure to read it carefully and retain it for future reference. When you see the words "you" and "your," they mean each person or entity who owns an account either individually, jointly, or on behalf of another person. The words "our," "us," "we," "Capital One," and "bank" mean Capital One, N.A. Our "Business Days" are Monday through Friday, excluding holidays and any other day we are not open.

Please understand that when you submit an application, open an account, or use our services, you agree to be bound by these terms.

KIDS SAVINGS DISCLOSURE

Initial Deposit Requirement - There is no minimum deposit required. You can open the account with any amount you wish.

Minimum Balance to Obtain Annual Percentage Yield (APY) - There is no minimum balance required to obtain the disclosed APY.

Rate Information - The Interest Rate on your account is % with an APY of . The interest rates and annual percentage yields are variable and may change at any time at our discretion.

Compounding and Crediting - Interest on your account will be compounded and credited on a monthly basis.

Effect of Closing an Account - You will receive the accrued interest if you close your account before interest is credited.

Balance Computation Method - We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.

Accrual of Interest on Deposits - For all types of non-cash deposits, interest will begin to accrue no later than the next business day following the banking day on which the funds were deposited. For cash deposits, interest will begin to accrue the same day on which the funds were deposited. (Here's an example - if you make a deposit on a Sunday, we will process it on Monday, and interest will begin to accrue no later than Tuesday.)

Fees - A statement copy charge of $5 per statement will be charged for statements generated within the last 2 years.

If you present us with a foreign check, we will not charge a fee, but the paying bank may deduct a fee from the proceeds.

Transaction Limitations* - Pursuant to federal law, no more than six (6) withdrawals or transfers per monthly statement cycle to a third party or to your other accounts at Capital One are permitted on this account. This limit applies to pre-authorized transfers, telephone transfers, overdraft protection transfers and Capital One online banking transfers, However, this limit does not apply to withdrawals made in person or through ATMs, mail (by a check payable and mailed to you), or messenger. If you repeatedly exceed this limit, we may close your account or transfer your funds to an account that does not have these limits.

We reserve the right to return any deposit to you that causes the combined balance of all of your accounts with us (including any jointly owned, or in the case of an account owned by a living trust, jointly managed accounts) to exceed $5,000,000.

* Effective 1/9/2019 the following changes will apply to your account:

  • Automated Clearing House (ACH) External Transfer transactions are subject to limits on the dollar amount of electronic transfers between your account and external accounts at other financial institutions. These limits are designed to be flexible in order to protect the security and integrity of the service and accounts, as well as you and all other users of the service. Based on confidential fraud and essential risk criteria, they may be modified at our discretion without advance notice.

KIDS SAVINGS ACCOUNT AGREEMENT

The Basics: Here's a quick overview of how the account works. An adult must open the account in their name and in the name of a minor customer under the age of 18. The adult "links" their Kids Savings account to their personal (non-business) checking account at another U.S. chartered bank ("Linked Account") - that's the way they make deposits to and withdrawals from their account with us. Minor customers may only transfer funds between Kid Savings Accounts and MONEY accounts. Minor customers are unable to open and close accounts, add a linked account, or receive secure messages. Account holders can use our automated phone system, our sales and service call center, or … the easiest thing to do is use our website - www.capitalone.com/bank to transfer money between their eligible Capital One, N.A. accounts, and between their Linked Accounts and their Kids Savings account.

Who Can Open an Account: You must be a United States citizen or lawful permanent resident with a U.S. physical address or with military addresses (APO or FPO) and valid Social Security Number to open an account. Individual Taxpayer Identification Numbers (ITINs) are acceptable for account opening in certain Branches and your Linked Account must be with a bank chartered in the U.S. The “Adult” must be the parent or legal guardian of the “Minor”.

How to Open an Account: You must tell us to either electronically transfer money from your Linked Account or give us a personal check drawn on your Linked Account. Your 360 Kids Savings account won't be considered "opened" until it's funded and you complete our verification procedures.

Consumer Reports: You agree that we may obtain a consumer/credit report in connection with your account. We may also request subsequent consumer/credit reports for all legitimate purposes in connection with updating, renewing, reviewing, modifying, and/or taking collection action on your account.

Reporting information to consumer reporting agencies and check verifications systems: We may report information about your account to consumer reporting agencies and/or check verification systems. Defaults on your account may be reflected in your credit report. This could affect your ability to open accounts in the future. In the event we report your account to a check verification system, you acknowledge that even if you pay us all amounts owed, we are not required to remove an accurate report of account mishandling from any such check verification system.

It's Simple to Make Deposits: You can make deposits by calling us; by using our website to transfer funds from another eligible Capital One, N.A. account or a Linked Account; by mailing us a check; or by initiating an Electronic Funds Transfer or wire transfer to your account. Checks you deposit must be payable to you (or to the living trust in the case of a trust account) and list your account number. It's up to you to make sure that your deposit reaches us and that we know where you want the deposit to go. If you don't do both of these things, you'll be responsible for any loss that results. Transactions that you conduct on Saturday, Sunday or a federal holiday are effective the following business day.

We may limit or refuse any part of a deposit. If an item you deposit is returned to us unpaid or is otherwise charged back to us, we will charge it back to your account.

Availability of Deposits:

  • Deposits made via check drawn on another bank and ACH deposits that we initiate on your behalf will be held for 4 business days;

  • Cash deposits, ACH direct deposits, and incoming wire transfers will be available the same business day;

  • Checks drawn on a Capital One, N.A., account will be available the next business day.

Generally, you can't withdraw a deposit for 4 business days.

Foreign checks are handled as collection items only and are converted at our current daily rate and credited in U.S. dollars. Foreign checks sent for collection are exchanged at the exchange rate on the day of payment. All returned foreign checks will be charged back to your account at the rate used when initially credited and may be subject to a return fee and foreign bank charge (if applicable). Any payment(s) made to you from such items shall be provisionally credited to your account until we receive final payment from the foreign bank. Please note that while the foreign check collection process typically takes anywhere from four to six weeks, we have no control over the process once a check is sent for foreign collection. Accordingly, the process may take longer, depending on the foreign bank. You hereby waive notice of dishonor, nonpayment, or protest with respect to any items credited to or charged against your account.

It's Also Simple to Make Withdrawals: You can request a withdrawal from your account by calling us or by using our website. For IRA Accounts, you may only make withdrawals (also called distributions) by using our website (however, in some cases we may allow you to make withdrawals by providing us with a properly completed distribution form). You can get this form by writing us to request one. If we process a withdrawal or IRA distribution request for you, generally, the funds will reach your Linked Account within 2-3 business days (for IRA distributions, we may send you a check). You can't make a partial withdrawal from a Certificate of Deposit or IRA Certificate of Deposit.

We may allow you to make a wire transfer from your account. If we do, we may charge you for using this service and the charge will be deducted from your account at the same time we deduct the amount of the wire. We may also limit the amount that you can send, the number of wires you can send each day, and where we will allow you to send the wire (for example, we may only allow you to send a wire to your Linked Account). You may not stop or cancel a wire transfer request after it has been submitted to us.

Types of Account Ownership:

  • Individual Account. This type of account is owned by one person.

  • Joint Account. This type of account is owned by two people. Except for certain retirement benefits like Social Security, if one person dies, the money in the account then belongs only to the survivor (and not to the estate of the deceased person). The owners of the account are considered to be "joint tenants" with right of survivorship. Any owner of the account may: (i) withdraw, transfer funds or close the account without the other owner's consent; (ii) pledge the account to us as collateral for a debt owed to us; and (iii) deposit checks payable to any joint owner.

    If one joint owner requests that we not pay items authorized by a different joint owner, we may restrict the account and refuse to pay all items (including items authorized by the owner making the request), but we are not required to do so. If we restrict the account, we may not release the restriction unless all joint owners agree in writing to remove it. No request to restrict the account will affect items that we paid before the request. If we decide not to restrict the account, all joint owners remain responsible for items subtracted from the account.

    We may also pay all or any part of the funds in the account to a court or government agency if we receive a garnishment, levy or similar legal process that identifies any of the joint owners.

  • Joint Account with Minor. This type of account is owned by one minor (under age 18) and one adult, and the owners of the account are called "joint tenants." Except for certain benefits like Social Security, if one accountholder dies, the money in the account then belongs only to the survivor (and not to the estate of the deceased person). Any owner of the account may transfer funds without the other owner's consent, but only the Adult account holder can withdraw funds to another bank. When the minor reaches 18 years old, this account will convert to a 360 Savings account, subject to the 360 Terms and Conditions found here: https://www.capitalone.com/bank/savings-accounts/online-savings-account/disclosures/

  • Living Trust (also known as inter-vivos trust) Account. This type of account is owned by a living trust and is managed by multiple trustees ("Co-Trustees"), by any Co-Trustee may: (i) withdraw or transfer the balance without the other Co-Trustee's consent; (ii) make deposits, close or pledge the account to us as collateral for a debt owed to us; and (iii) endorse and deposit checks payable to either Co-Trustee or the living trust. Each trustee understands and agrees that (s)he, and not Capital One, owes a fiduciary responsibility to the living trust and as such, shall manage the account in accordance with the terms of this agreement, the trust document(s) and any applicable laws. The obligations of Co-Trustees under this agreement are joint and several.

  • “Payable on Death” (POD). You may designate an individual or joint account to be payable upon your death to a designated beneficiary or beneficiaries. Only an individual may be designated as a beneficiary. POD accounts are also known as “In Trust For” (ITF)”, “As Trustee For” (ATF), “Transfer on Death” (TOD) or “Totten Trust” account and are governed by applicable state laws and regulations. You are solely responsible for meeting the requirements for establishing your account as a POD, including any titling requirements.

    During your life, the funds in the account belong to you and, until your death, or if there are co-owners, upon the death of the last co-owner, the beneficiary(ies) have no interest in the account and cannot perform transactions on the account. You may withdraw all or part of the account balance, close the account, remove or add POD beneficiaries or change the account type or ownership. Upon the death of all owners, we will distribute the then remaining funds to such of the beneficiaries as shall be then-living, in equal shares, subject to our right to charge the account for any amount a deceased owner, co-owner or POD beneficiary owes us; if any beneficiary is under the age of 18 years at the time he would be entitled to receive property under the terms of the previous provision, we will pay such person’s share to any person who is the statutory or court-appointed custodian for the benefit of such person.

Connecting Accounts: If you have more than one eligible Capital One account, we will automatically "connect" your eligible accounts so they appear when you're logged into your account through the website or mobile app.

We will display only summary information about your "connected" accounts. To get any other information or conduct any activity on these account types, you must access the specific account servicing area for that account. All connected bank accounts will be visible when you log into your account through the website or mobile app. Keep in mind that certain features, information, types of transactions or other services may not be available for all of your connected accounts. As long as you maintain your unique log in credentials, you will have access to view all of your individual accounts and shared accounts and people with whom you share accounts will only be able to view accounts that are shared with you, not your individual accounts.

Statements: As required by law, we'll provide you with a statement at least 4 times a year. Your Statement will be made available to you based on your selected delivery method. Payments or transfers you make will be listed on your Statement. You agree to notify us promptly if you think there's an error or unauthorized transaction shown on your Statement.

Things You Tell Us to Do: We may refuse to follow any of your instructions if we think they are illegal or potentially harmful to us. Or, we may take or require other security measures to protect us from any losses we may suffer if we follow your instructions. You agree to pay us back for any damages or losses (including, but not limited to, the reasonable costs of an attorney) that we suffer if we take an action based on your (or what appears to be your) oral, written or electronic instructions.

If Your Address Changes: You must notify us of any change of address by calling us, or using our secure website. Any notice we mail to you (or email to you if you've told us to communicate with you electronically) will be binding and sent to the last (postal or electronic) address in our records. We may change your address if we receive an address change notice from the U.S. Postal Service ("USPS") or if a company in the business of providing correct addresses informs us that the address in our records no longer matches your address. Even if you elected to receive electronic communications from us, there may still be some legal information that we need to send you via the USPS.

Communication: You agree that we may communicate with you by mail, telephone, email, fax, prerecorded message, automated voice, text message or other means allowed by law regarding your Account. You agree that we may contact you at any telephone number (including a mobile telephone number that you provide us), and use an automated telephone dialing system or similar device to do so. You agree that we may monitor or record any conversation or other communication with you.

Closing an Account: You can close your account at any time, for any reason. We can close your account at any time, for any reason and without advance notice.

State laws (called "escheat" or unclaimed property laws) require us to close all your deposit accounts and transfer your money to the state if your accounts are dormant for a period of time as defined by your state of residence. Your account can become dormant if, for 24 months, there is no transactional activity. Your account will remain dormant until funds are transferred to or from the dormant account. If all of your accounts become dormant, you may no longer receive paper statements, but you can still view your accounts online.

State abandoned property law establishes guidelines under which unclaimed property must be surrendered to the applicable state. Generally, the funds in your account are considered unclaimed if you have not had any activity or communication with us regarding your account over a period of years, defined by your state of residence. All products are subject to abandoned property laws, including IRAs and CDs. If your funds are surrendered to the state, you may be able to reclaim them, but your claim may need to be presented to the state. We want you to keep your money, not the state! You can avoid the transfer of your money to the state simply by signing into your account, transacting periodically, contacting us, or replying to any abandoned property correspondence.

Advance Notice of Withdrawal: Under federal law, we must reserve the right to require you to give us at least 7 days written notice before you take money out of your Kids Savings account. (This hardly ever happens but legally we have to say it!)

Assignment: No part of an account may be pledged, assigned, given as a gift, or otherwise transferred to a third party without our prior written consent.

How We Handle Items You Send Us: We won't be liable for checks or other items ("Checks") that are lost in the mail or for any default or negligence by a bank we may use to collect your Checks. When you send us Checks to be deposited into your account, we act as your collection agent and assume no responsibility beyond the exercise of reasonable care.

Lien and Set-Off: Unless otherwise prohibited by law, by opening an account, you grant us a security interest (in other words, a "Lien") in your deposit accounts with us. That means that at any time and without notice to you, we can use all or any part of the money from your individual or joint accounts to pay any amounts you owe us or any of our affiliates from time to time. (This is what's known as a "Set-Off"). Any Set-Off shall be a lawful and valid payment by you of amounts you owe us.

Change to/Waiver of Terms: We can add to, delete or make any other changes we want to these Terms at any time. You will be bound by the changes as soon as we implement them. We will provide advance notice of the change if the law requires us to do so. However, if applicable law requires us to make a change, you may not receive any prior notice. We can cancel, change or add products, accounts or services whenever we want. We can waive any of our rights under these Terms whenever we want, but this doesn't mean that we'll waive the same rights in the future.

No Fiduciary Obligation: Capital One doesn't assume any fiduciary obligation on your behalf. This means that we don't act as your trustee or financial advisor, and we don't assume any responsibility for your account beyond reasonable care.

Governing Law and Regulations: Your accounts are subject to both federal law and the laws of the state of Delaware, as well as any operating circulars or clearing house rules that apply to us and the rules and regulations of our supervisory authorities (collectively, "Applicable Laws"). If there's a conflict between these Terms and the Applicable Laws, these Terms will be changed to the extent necessary to comply with Applicable Laws. If any provision of these Terms is determined by a Court or administrative agency having proper jurisdiction to be invalid, unenforceable, or illegal, that determination will not affect the validity and enforceability of the remaining provisions of these Terms.

Levies, Attachments, and Other Court Processes: If we receive a levy, attachment, or other Court process against you or another owner of the account, we may refuse to permit withdrawals or transfers from your account until the legal action is dismissed or satisfied. Any levy, attachment, or other Court process will be subject to our rights of Lien and Set-Off (remember, we talked about these things earlier). You are responsible for any losses, costs, or expenses we incur as a result of any dispute or legal proceeding involving your account.

Claims Against Your Account: If we receive a claim against funds in your account, or if we know of or believe that there's a dispute over the ownership or control of funds in your account, we may, if we choose to, place a hold on your account. We can also refuse to pay out any of your funds until we're satisfied that the dispute is settled. We may also close the account and send the balance to the account holder(s) we have on record, decide to rely on our current account records, require a Court Order to act, or take any other action that we feel will protect us. We won't be liable to you for taking any such action.

Claim of Loss: If you claim a credit or refund because of a forgery, alteration, or any other unauthorized withdrawal, you agree to cooperate with us in the investigation of the loss. Your cooperation may include, but not be limited to, providing us with an affidavit containing whatever reasonable information we require concerning your account, the transaction, and the circumstances surrounding the loss.

Death, Incapacity or Termination: If you die or are declared legally incompetent, or, in the case of a living trust account, the living trust is terminated, we can continue to accept and process deposits to your account until we know about the death/incompetency/termination and have a reasonable chance to act.

Notices to You or Us: We shall deem any and all notices to us effective upon receipt by us. Any notice that we give to you will be effective when mailed or electronically transmitted to you at the mailing/email address reflected in our records. Even though we may have provided you account opening disclosures in a language other than English, we may continue to provide you with notices/communications in English. Notice to any one owner of an account constitutes notice to all owners of that account.

Jury Trial Waiver: All actions arising out of this agreement or concerning your account shall be heard by a judge sitting without a jury.

Events Beyond Our Control: We'll make all reasonable efforts to give you access to your accounts and accurate information. However, you agree that we're not responsible for any interruption in service or loss caused by things that are beyond our control, such as natural disasters, wars, riots, strikes, computer failures, or losses of power, communications or transportation facilities. We won't be responsible for any direct losses or damages resulting from use of the account, unless we were negligent or acted in bad faith. We're never responsible for any indirect, special or consequential losses or damages.

Electronic Fund Transfer Disclosure Statement

The purpose of this disclosure statement is to inform you of your rights under the Electronic Fund Transfer Act. The electronic funds transfers (EFT) we are capable of handling are indicated below. Additional services may be provided in the future as they are developed. Please read this disclosure statement carefully and keep it for future reference. In this disclosure statement, the words "you" or "your" refer to the depositor and any authorized user(s) of the account. The words "we," "us," "our," "bank," and "Capital One" refer to Capital One, N.A.

  1. ELECTRONIC FUND TRANSFER SERVICES. The EFT services that are available to you when you open certain accounts other than IRA Accounts with us are as follows:

    1. Direct deposit of federal government payroll, disability, veteran's benefits, Social Security and such other federal government payments that you may receive and that may be deposited to your savings account, when available.

    2. Direct deposit of your paycheck to your savings account, provided that your employer offers direct deposit and you complete any forms required by your employer.

    3. Transfer funds between your eligible Capital One, N.A. accounts and between your external linked accounts and your Capital One accounts via the Internet or by calling our call center.

    4. Transfer funds from your Capital One accounts to make payments to your Capital One loan via the Internet or by calling our call center.

    5. Any other deposit to your savings account which is handled electronically, such as an automated clearing house transaction.

  2. CHARGES FOR ELECTRONIC TRANSACTIONS. We do not charge a fee for our electronic fund transfer services. We reserve the right to add charges at a later time and will notify you if we do so as required by law.

  3. ACCOUNT TRANSFER LIMITATIONS*. You may only transfer funds out of your savings account(s) up to six (6) times per monthly statement cycle using any combination of our electronic fund transfer services; no more than three (3) of these transfers may be made by debit card. You are not limited in the number of transfers that you may make into your savings account(s). These transfer limitations are imposed to comply with federal law.

* Please review the addendum at the end of this agreement for upcoming changes to transaction limits.

  1. RECORD OF TRANSACTIONS.

    1. Pre-authorized credits. If you have arranged to have direct deposits to your account at least once every sixty (60) days from the same person, entity or company, for example, your employer, you can call us at 1-888-464-0727 or access our website (www.capitalone.com/bank) through the Internet to find out whether or not the deposit has been made.

    2. Periodic statements for all electronic fund transfers described in this Disclosure. You will receive a monthly account statement showing the status of your account(s) and electronic transactions that you made during the past month. Unless you have a loan with Capital One, you may only receive a quarterly statement if no electronic transactions occur.

  1. HOW TO CONTACT US. If you believe your Password/PIN is no longer secure or confidential, or that someone has conducted or may conduct an electronic funds transfer without your permission, please contact us immediately by accessing our website (www.capitalone.com/bank) through the Internet or calling or writing us at: Capital One, PO Box 60, St Cloud MN, 56302-0060, 1-888-464-0727.

  2. LIABILITY FOR UNAUTHORIZED TRANSFERS. CONTACT US IMMEDIATELY if you believe that an unauthorized transfer has occurred or may occur concerning your account(s) or that your Password/PIN is no longer secure or confidential or may have been used without your permission. Telephoning us at 1-888-464-0727 is the best way of keeping your losses to a minimum. You may also notify us through our website (www.capitalone.com/bank).

    You could lose all the money in your account(s) if you take no action to notify us of the unauthorized transfer or the loss of security or confidentiality of your Password/PIN. If you notify us of the loss, your liability for unauthorized transfers will be as follows:

    1. If you tell us within two (2) business days that someone else used your Password/PIN without your permission, you could lose as much as $50.00. If you do NOT tell us within two (2) business days and we can prove that we could have prevented the loss had you contacted us, you could lose as much as $500.00.

    2. If your monthly statement shows transfers that you did not make and you do NOT contact us within sixty (60) days after the statement was mailed to you or first became available via electronic means if you elected to receive your statement electronically, you may not get back any money lost after the sixty (60) days if we can prove that your contacting us would have prevented those losses.

    We can extend these time periods if extenuating circumstances (such as a long trip or hospital stay) kept you from notifying us.

  3. IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS. Telephone us at 1-888-464-0727, write to us at Capital One, PO Box 60, St Cloud MN, 56302-0060, or send us an electronic communication through the Internet at our website (www.capitalone.com/bank) as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on a statement or receipt. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared.

    You must provide us with the following information:

    1. Tell us your name and account number;

    2. Describe the error or the transaction you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information; and

    3. Tell us the dollar amount of the suspected error.

    If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days to the above address. We will tell you the results of our investigation within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, we may take up to forty-five (45) days, or ninety (90) days for foreign-initiated transactions, or new accounts to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we require your written confirmation and we do not receive your complaint or question in writing within ten (10) business days, we may not credit your account. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

    If we decide that there is no error, we will send you a written explanation within three (3) business days after we finish our investigation. We may provide you with the results of our investigation electronically if you have agreed to receive electronic communications from us. You may ask for copies of the documents we use in our investigation. If we credit your account with funds while investigating an error, you must repay those funds to us if we conclude that no error has occurred.

  4. PRE-AUTHORIZED PAYMENTS.

    1. Stop payment procedure. You may not stop payment of an electronic transfer that is not recurring once you have initiated the transaction. If you informed us, in advance, to make automatic recurring transfers out of your account, you can stop any of these transfers by calling us at 1-888-464-0727, writing us at Capital One, PO Box 60, St Cloud MN, 56302-0060, or sending us an electronic communication through the Internet at our website (www.capitalone.com/bank). We must receive your stop payment request at least three (3) business days before the transfer is scheduled to be made. When you make the request, you must tell us your name and account number, the account to which the transfer is scheduled to be made, specify the exact amount of the transfer you want stopped, and the date the transfer is scheduled to be made. If you call us, we may require you to put your request in writing at the above address and to get it to us within fourteen (14) days after you call. If you do not, then your verbal request will expire after fourteen (14) days.

    2. Varying amounts. If these regular payments vary in amount, the person you are paying must tell you ten (10) days before each payment when it will be made and how much it will be. If you do not know this information, you may be unable to have the payment stopped without closing your account. (If we are required to provide this notice, you may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)

    3. Liability. If you ordered us to stop one of these transfers three (3) business days or more before the transfer is scheduled and we do not do so, we will be liable for your losses or damages, unless you failed to give us proper instructions that would enable us to stop the transfer. We will not be responsible if our computer system does not act on your order because you did not give us precise and correct information. Our liability for losses or damages may be limited to actual damages that you have sustained if the failure to stop payment was due to a bona fide error, despite our procedures to avoid such errors.

  5. BUSINESS DAYS. Our business days include every day other than Saturday, Sunday or one of the federal holidays or other days we are closed.

  6. DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES. We shall disclose information to third parties about your account or the transfers you make:

    1. Where it is necessary to complete transactions;

    2. In order to verify the existence and standing of your account with us upon the request of a third party, such as a credit bureau;

    3. In accordance with your written permission;

    4. In order to comply with court orders or government or administrative agency summonses, subpoenas, orders, examinations and escheat reports; and/or

    5. On receipt of certification from a federal agency or department that a request for information is in compliance with the Right to Financial Privacy Act of 1978.

  7. OUR LIABILITY FOR FAILURE TO COMPLETE AN ELECTRONIC FUND TRANSFER. If we fail to complete a transaction on time or in the correct amount, when properly instructed by you, we will be liable for damages proximately caused by our failure unless:

    1. There are insufficient funds in your account to complete the transaction through no fault of ours;

    2. The funds in your account are unavailable;

    3. The funds in your account are subject to legal process;

    4. We did not receive a direct deposit instruction;

    5. The failure is due to an equipment breakdown that you knew about before you began a transaction;

    6. The failure was caused by an Act of God, fire or other catastrophe, or any other cause beyond our control despite reasonable precautions that we have taken;

    7. Your Password/PIN has been reported lost or stolen or and you are using the reported/suspended Password/PIN;

    8. We have reason to believe that the transaction requested is unauthorized;

    9. You attempt to complete a transaction which is not a permissible transaction listed above; or

    10. You did not provide us with the correct account information for those accounts to which you wished to direct a transfer.

    In any case, we shall only be liable for actual proven damages if the failure to make the transaction resulted from a bona fide error despite our procedures to avoid such errors.

  8. LIMITATION OF OUR LIABILITY. UNLESS OTHERWISE REQUIRED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES FROM THE USE OF THE SERVICES DESCRIBED IN THIS DISCLOSURE STATEMENT INCLUDING DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSSES OR DAMAGES.

* Effective 1/9/2019 the following changes will apply to your account:

  • Automated Clearing House (ACH) External Transfer transactions are subject to limits on the dollar amount of electronic transfers between your account and external accounts at other financial institutions. These limits are designed to be flexible in order to protect the security and integrity of the service and accounts, as well as you and all other users of the service. Based on confidential fraud and essential risk criteria, they may be modified at our discretion without advance notice.

PRIVACY POLICY

Rev. 07/2017
BR402832
RV600273
M-122663

FACTS

WHAT DOES CAPITAL ONE®
DO WITH YOUR PERSONAL INFORMATION?


Why?

Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.


What?

The types of personal information we collect and share depend on the product or service you have with us. This information can include:

  • Social Security number and income
  • Account balances and payment history
  • Account transactions and credit card or other debt

How?

All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information; the reasons Capital One chooses to share; and whether you can limit this sharing.

Reasons we can share your personal information Does Capital One Share? Can you limit this sharing?

For our everyday business purposes – such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus

YES

NO

For our marketing purposes – to offer our products and services to you

YES

NO

For joint marketing with other financial companies

YES

NO

For our affiliates' everyday business purposes – information about your transactions and experiences

YES

NO

For our affiliates' everyday business purposes – information about your creditworthiness

YES

YES

For our affiliates to market to you

YES

YES

For nonaffiliates to market to you

YES

YES

To limit our sharing

  • Call us toll free at 1-888-817-2970 and one of our representatives will update your privacy choices.

Please note: If you are new customer, we can begin sharing your information 30 days from the date we sent this notice. If you’re an existing customer and have opted out previously, you don’t need to update your privacy choices again. When you are no longer our customer, we continue to share your information as described in this notice.

However, you can contact us at any time to limit our sharing.


Questions?

Go to www.capitalone.com/contact

Who we are

Who is providing this notice?

Our affiliates include financial companies with the Capital One, Chevy Chase, Onyx, Paribus, and Greenpoint names, such as Capital One Bank (USA), National Association; and Capital One, National Association.

What we do

How does Capital One protect my personal information?

To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.

How does Capital One collect my personal information?

We collect your personal information, for example, when you

  • Open an account or deposit money
  • Pay your bills or apply for a loan
  • Use your credit or debit card

We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.

Why can't I limit all sharing?

Federal law gives you the right to limit only

  • Sharing for affiliates' everyday business purposes – information about your creditworthiness
  • Affiliates from using your information to market to you
  • Sharing for nonaffiliates to market to you

State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law.

What happens when I limit sharing for an account I hold jointly with someone else?

Your choices will apply to everyone on your account.

Definitions

Affiliates

Companies related by common ownership or control. They can be financial and nonfinancial companies.

  • Our affiliates include financial companies with the Capital One, Chevy Chase, Onyx, and Greenpoint names, such as Capital One Bank (USA), National Association; and Capital One, National Association.

Nonaffiliates

Companies not related by common ownership or control. They can be financial and nonfinancial companies.

  • Nonaffiliates we share with can include insurance companies, service providers, co-branded partners, retailers, data processors, and advertisers.

Joint marketing

A formal agreement between nonaffiliated financial companies that together market financial products or services to you.

  • Our joint marketing partners include companies such as other banks and insurance companies.
Other important information

CA and VT Residents: We will not share your information with companies outside of Capital One, except for our everyday business purposes, for marketing our products and services to you, or with your consent.

VT Residents only: We will not disclose credit information about you within or outside the Capital One family of companies except as required or permitted by law.

NV Residents: Notice provided pursuant to state law. To be placed on our internal Do Not Call List, call 1-888-817-2970. If you would like more information about telemarketing practices, you may contact us at Capital One, P.O. Box 30285, Salt Lake City, UT 84130-0285 or webinfo@capitalone.com. For more on this Nevada law, contact Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: 1-702-486-3132; e-mail: BCPINFO@ag.state.nv.us.

Telephone Communications: All telephone communications with us or our authorized agents may be monitored or recorded.

© Capital One. Capital One is a federally registered service trademark. All rights reserved.

And Finally! Wow, that was a lot of reading. Congratulations for finishing this! Now you are 100% ready to save your money like never before. Welcome to Capital One.

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