Fine Print

• Internet Policies
• Phishing Scams
• Check 21
• Privacy Policy
• Fraud Disclosure
• US Patriot Act

 

Internet Policies
Terms of Use

Bank of Lexington maintains this site to provide you with information about our products and services. Bank of Lexington requires that all the visitors to our site on the Internet (“the Site”) adhere to the following rules and regulations. Please review the following terms and conditions about your use of this site. By accessing the Site you indicate your acknowledgement and acceptance of these terms and conditions. From time to time we may revise these terms and conditions.

Unauthorized Use

Unauthorized use of Bank of Lexington’s Web site and systems including but not limited to unauthorized entry into Bank of Lexington’s systems, Internet Banking systems, misuse of passwords, or misuse of any information posted to the site, is strictly prohibited. The Internet banking section is for authorized users only and any attempt to enter the secure Internet Banking section is prohibited by Federal law and will be reported to law enforcement authorities.

You agree that (i) you will not engage in any activities related to the Web site that are contrary to applicable law, regulation or the terms of any agreements you may have with Bank of Lexington and (ii) in circumstances where locations of the Web site require identification for process, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals.

E-Mail Submissions or Feedback

Any communication or material you transmit to us via Internet electronic mail is on a non-confidential basis and is encrypted when using the secure email option. All feedback or submissions of any kind submitted to this Web site become the property of Bank of Lexington, to be used or not as the Bank chooses without cost or liability.

Copyright

Copyright in the pages, screens, text, graphics and images appearing on the Web site are owned by Bank of Lexington or others as indicated. The information and materials contained on the Web site may not be copied, displayed, distributed, downloaded, licenses, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of Bank of Lexington.

Potential Disruption of Service

Access to the Website may from time to time be unavailable, delayed, limited or slowed due to, among other things:

• Hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
• Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
• Overload of system capacities;
• Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
• Interruption (whether partial or total) of power supplies or other utility of service;
• Strike or other stoppage (whether partial or total) of labor;
• Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
• Any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Bank of Lexington.

Links to Other Sites

Bank of Lexington may provide access to information, products or services offered on Web sites that are owned or operated by other companies (“third party Web sites”). We provide this access through the use of hyperlinks that automatically move you from the Bank of Lexington Web site to the third party site.

Bank of Lexington is not responsible for the content or accuracy of any third party Web site. Bank of Lexington cannot endorse, approve or guarantee information, products, services or recommendations provided at a third party Web site. Because we may not always know when information on a linked site changes, Bank of Lexington is not responsible for the content or accuracy of any third party Web site. Bank of Lexington shall not be responsible for any loss or damage of any sort resulting from the use of a link on its Web site nor will it be liable for any failure of products or services advertised or provided on these linked sites.

When you visit a third party Web site from Bank of Lexington’s site, you will no longer be protected by Bank of Lexington’s privacy policy or security practices. The data collection, use and protection practices of the linked site may differ from the practices of Bank of Lexington’s site. We encourage you to read the third party Web site’s privacy policy and security statement as those are the policies that apply to your use of the linked web site.

Tips to tell if you’ve left Bank of Lexington’s Web site:

• The linked Web site is shown in a new browser window. The appearance of the linked site is significantly different from the Bank of Lexington site.
• Instead of the Bank of Lexington address, the URL of the linked Web site appears in the location box or address field of your browser.
• The linked site does not appear in a new browser window, but you see:
• The logo of a different company prominently displayed.
• The navigation tools are different from the layout of the navigation tools on the Bank of Lexington Web site.
• The third party’s privacy policy and terms of use statement are prominently displayed.
• Information on the footer at the bottom of the Web page contains information about a company other than Bank of Lexington.

Warrants and Disclaimers

We use our best efforts to include accurate and up to date information on our Web site, but we make no warranties or representations as to the accuracy of the information. You agree that all access and use of the Web site and its contents is at your own risk. By using the Web site, you acknowledge that we specifically disclaim any liability (whether based on contract, tort, strict liability or otherwise) for any direct, indirect, incidental, consequential, or special use of the Web site, (even if we have been advised of the possibility of such damages) including liability associated with any viruses which may infect a user’s computer equipment.

Limitation of Liability

Because of the possibility of human and mechanical error as well as other factors, the Web site, including all information and materials contained on the Web site, is provided “as is” “as available.” Bank of Lexington and third party data providers are not providing any warranties and representations regarding the Web site. Bank of Lexington and third party data providers disclaim all warranties and representations of any kind with regard to the Web site, including any implied warranties of merchantability, non-infringement of third party rights, freedom from viruses or other harmful code, or fitness for any particular purpose. Further, Bank of Lexington will not be liable for any delay, difficulty in use, inaccuracy or information, computer viruses, malicious code or other defect in this Web site, or for the incompatibility between this Web site and files and the user’s browser or other site accessing program. Nor will Bank of Lexington be liable for any other problems experienced by the user due to causes beyond Bank of Lexington control. No license to the user is implied in these disclaimers.

Governing Law and Jurisdiction

You agree that your use of this Web site shall be governed by all applicable Federal laws and the laws of the state of Kentucky and agree that venue shall be located in such location in Fayette County, that Bank of Lexington chooses.

Bank of Lexington Online Banking Privacy Statement
1. Confidentiality and Security

Bank of Lexington (the Bank) is committed to providing the highest level of security and privacy regarding the collection and use of our banking customers’ personal information. A detailed description of the nonpublic information that we collect and disclose is provided below. If you have additional questions regarding the privacy of your personal information, please contact us.

2. Respect of Right to Privacy

Protecting your privacy, along with your financial assets, is at the core of our business. We recognize our obligation to keep the information that you provide to us secure and confidential. Bank of Lexington respects your right to privacy, and we maintain physical, electronic, and procedural safeguards to help us safeguard your nonpublic information that comply with state and federal laws and regulations.

3. Collection, Use and Storage of Personal Information

The collection of personal information is designed to assist the Bank in providing you with the products and services you want and need, and to protect access to your personal accounts. We obtain information about you from the following sources: information provided by you on applications or other forms; information about your transactions with us, our affiliates or others; and information we receive from consumer-reporting agencies. All personal information collected and stored by the bank is used for specific business purposes: to protect and administer your personal accounts and transactions, to comply with state and federal banking regulations, to help the bank better understand your financial needs in order to design or improve our products and services.

4. Limited Employee Access to Personal Information

Bank of Lexington limits employee access to your personal information to only those bank employees with a reason for knowing such information. Bank of Lexington also trains all employees about the importance of confidentiality and customer privacy. Improper use of your personal information by a bank employee will result in disciplinary action, including termination and referral to law enforcement authorities where appropriate.

5. Third-Party Disclosure Restrictions

Bank of Lexington follows strict privacy procedures in regard to protecting your personal information. In addition, the bank requires all non-affiliated third parties with a business need to access this information to adhere to similar and equally stringent privacy policies, and such parties are not permitted to release, use for their own purposes, or sell any customer information we share with them to any other party. Personal information may be supplied to a third party in order to process transactions initiated by you; if you request the disclosure; if the disclosure is required or allowed by law (i.e. the exchange of information with reputable reporting agencies, pursuant to subpoena, court order, or during an investigation of fraudulent activity); for marketing the Bank’s own financial products or services, or to market financial products or services offered by the Bank in conjunction with another financial institution (see “Joint Marketing,” below).

Joint Marketing Bank of Lexington may disclose all of the information that we collect, as described in paragraph 3 above, to companies that perform marketing services on our behalf or to other financial institutions with whom we have joint marketing agreements. Bank of Lexington does not sell, share or otherwise disclose non-public information about our customers except as described above. No action on your part is necessary to prevent Bank of Lexington from sharing this information with other marketers. Bank of Lexington will not disclose personal information about former customers to anyone, except as required by law, permitted by law, or requested by the former customer.

6. Maintenance of Accurate Information

It is in the best interest of both you and the bank to maintain accurate records concerning your personal information. We continually strive to maintain complete and accurate information about you and your accounts. Should your personal information ever change, or if you ever believe that our records contain inaccurate or incomplete information about you, please contact us.

7. How to Contact Us

If you would like additional information, or have questions regarding Bank of Lexington Privacy Statement, please telephone us at 859-219-2900, or email us at one of the email addresses provided on our website. You may also write us, or stop by and discuss your questions with a member of our staff.

Bank of Lexington Security Statement
Online Account Transactions

All Bank of Lexington online account transactions are submitted to the Bank’s secure site using sophisticated means of industry-approved encryption that comply with state and federal laws and regulations. The Internet Banking System features password-controlled system entry, a VeriSign-issued Digital ID for the Bank’s server, Secure Sockets Layer (SSL) protocol for data encryption, and a router loaded with a firewall to regulate the inflow and outflow of server traffic.

Secure Access and Verifying User Authenticity

To begin a session with the bank’s server the user must key in a Log-In ID and a password. Our system, the Bank of Lexington Internet Banking System, uses a “3 strikes and you’re out” lock-out mechanism to deter users from repeated login attempts. After three unsuccessful login attempts, the system locks the user out, requiring a phone call to the bank to verify information on the account before re-entry into the system. Upon successful login, the Digital ID from VeriSign, the experts in digital identification certificates, authenticates the user’s identity and establishes a secure session with that visitor.

Secure Data Transfer

Once the server session is established, the user and the internet service provider are in a secured environment. Because the server has been certified as a 128-bit secure sever by VeriSign, data traveling between the user and the internet service provider is encrypted with Secure Sockets Layer (SSL) protocol. With SSL, data that travels between the internet service provider and customer is encrypted and can only be decrypted with the public and private key pair. In short, the bank’s internet service provider issues a public key to the end user’s browser and creates a temporary private key. These two keys are the only combination possible for that session. When the session is complete, the keys expire and the whole process starts over when a new end user makes a server session.

Router and Firewall

Requests must filter through a router and firewall before they are permitted to reach bank’s processing center. A router, a piece of hardware, works in conjunction with the firewall, a piece of software, to block and direct traffic coming to the bank’s processing center. The configuration begins by disallowing ALL traffic coming to the bank’s processing center and then opens holes only when necessary to process acceptable data requests, such as retrieving Web pages or sending customer requests to the Bank. Using the above technologies, your Internet banking transactions are secure.

USA Patriot Act Customer Identification Program (CIP)

Federal regulations enacted pursuant to Section 326 of the USA PATRIOT Act require all financial institutions to verify the identity of every person who seeks to open an account with the institution. All persons are subject to the identity verification requirements even though they may be a long term customer of and well known to the institution. However, please be assured that our long term relationship and service quality during the course of our day-to-day interaction with you will NOT be compromised. We truly appreciate your business and value you as a customer.

For the purpose of the regulation, an “account” includes every formal banking relationship that entails ongoing services, dealings or transactions. Some examples are a deposit account, loan, or safe deposit box rental.

To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.

What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.

Reliance on Others

A bank may rely on a third party to fulfill some or all of the CIP requirements, provided:

• Such reliance is reasonable under the circumstances;
• The other party is a financial institution regulated by a federal regulator and subject to the same CIP requirements
• The other party contracts to certify annually that it has implemented its anti-money-laundering program and it will perform the CIP duties.

In these circumstances, the relying bank will not be held responsible for the failure of the other financial institution to fulfill its CIP duties. A bank may use a third party to perform its CIP duties without complying with the three conditions listed above, but the bank will remain liable for any failure of the third party to satisfy the CIP requirements applicable to the bank.

Bank of Lexington may retain a copy of any document it relied upon to verify your identity.

We apologize for any inconvenience this may cause as it is our hope to ensure this processing requirement remains as transparent to you as possible. If you have any questions or concerns regarding this regulation, feel free to contact the bank compliance officer.

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Phishing Scams

Attention Bank of Lexington Customers
How Not to Get Hooked by a ‘Phishing’ Scam

Internet scammers casting about for people’s financial information have a new way to lure unsuspecting victims: they go “phishing.”

Phishing, also known as “carding,” is a high-tech scam that uses spam to deceive customers into disclosing highly personal financial information including account numbers, passwords, and Social Security numbers. They will tell unsuspecting customers that they need to “update” or “validate” their financial information to keep their account active. They will then direct them to a “look-alike” Web site of the legitimate business, further tricking them into thinking they are responding to a bona fide request.

The Federal Trade Commission (FTC) is warning individuals not to give out that type of information to anyone over the Internet. If you should receive an email that warns you that an account of yours will be closed unless you reconfirm your personal information, do not reply. Instead, contact the company identified in the email using a telephone number or Web site address you know to be genuine.

The FTC also advises people to look for the “lock” icon on the browser’s status bar before submitting any financial information through a Web site. This icon ensures that the site is secure.

Look at your credit card and bank statements as soon as you receive them to be certain there has been no unauthorized activity.

Suspicious activity, including attempted ‘phishing,’ should be reported to the FTC by sending the actual spam to uce@ftc.gov. If you need to file a complaint, notify the FTC at www.ftc.gov.

Rest assured that Bank of Lexington will never ask you to validate or update your personal financial information over the Internet or over the phone. If someone contacts you stating that they represent Bank of Lexington and they need your financial information, please hang up and notify us at once at (859) 219-2900. Your information, like your money, will always be safe and secure with Bank of Lexington.

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Check 21

What is Check 21?

The Check Clearing for the 21st Century Act, or “Check 21″, as it is most often referred to, is new federal legislation which permits any entity that processes a check to create a “substitute check” by taking a picture of the check you write and processing it electronically, rather than actually physically transporting the check. This results in an electronic version of your check, which will be regarded as the legal equivalent of the original check you wrote. The original check you wrote is then taken out of circulation. If at any point an actual physical check is needed, a paper printout of the electronic check image is made, resulting in a substitute check.

Check 21 does not require a bank to create substitute checks. Instead, the Act requires everyone to accept substitute checks as the legal substitute of the check you originally wrote.

What are the benefits of Check 21?

Congress passed Check 21 to facilitate easier, more rapid funds transfer, as physically transporting checks takes time and is expensive. Inclement weather, labor strikes, or other interruptions in the transportation system can significantly slow down the check processing system. Creating an electronic check image will bypass the need for physically sending the check back and forth. In many cases, the amount of time required to move money out of your account to pay the recipients of your checks will be significantly reduced. The funds from checks you deposit may also be available sooner.

What do substitute checks look like?

Substitute checks are similar in size to original checks, with a slightly reduced image of the front and back of the original check. The front of a substitute check states: “This is a legal copy of your check. You can use it the same way you would use the original check.” You may use a substitute check as proof of payment just like the original check. Images of substitute checks will begin to appear in your monthly account statement, as banks and other entities begin to create electronic substitutes of your checks.

What consumer protection and warranties are provided?

Check 21 has features to protect consumers in case of discrepancies. A bank that truncates your check must warranty that the substitute check is accurate, and that the original check will not be processed in addition to the substitute check. If you believe your check was processed twice, or was processed for the wrong amount, Check 21 provides specific recrediting rights, which are outlined below.

What are my rights under Check 21?

The following paragraphs describe rights you have when you receive substitute checks from us. The rights in this notice do not apply to original checks or to electronic debits to your account. However, you have rights under other law with respect to those transactions, as described in the Bank of Lexington Deposit Account Agreement. What are my rights regarding substitute checks?

In certain cases, federal law provides a special procedure that allows you to request a refund for losses you suffer if a substitute check is posted to your account (for example, if you think that we withdrew the wrong amount from your account or that we withdrew money from your account more than once for the same check). The losses you may attempt to recover under this procedure may include the amount that was withdrawn from your account and fees that were charged as a result of the withdrawal (for example, returned check fees).

The amount of your refund under this procedure is limited to the amount of your loss or the amount of the substitute check, whichever is less. You also are entitled to interest on the amount of your refund if your account is an interest-bearing account. If your loss exceeds the amount of the substitute check, you may be able to recover additional amounts under other law.

If you use this procedure, you may receive up to $2,500 of your refund (plus interest if your account earns interest) within 10 business days after we received your claim and the remainder of your refund (plus interest if your account earns interest) not later than 45 calendar days after we received your claim. We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your account.

How do I make a claim for a refund?

If you believe you have suffered a loss relating to a substitute check you received and that was posted to your account, please contact us at 761 Corporate Drive, Lexington, Kentucky 40503.

You must contact us within 40 calendar days of the date that we mailed (or otherwise delivered by a means to which you agreed) the substitute check in question or the account statement showing that the substitute check was posted to your account, whichever is later. We will extend this time period if you were not able to make a timely claim because of extraordinary circumstances.

Your claim must include:

• A description of why you have suffered a loss (for example, you think the amount withdrawn was incorrect);
• An estimate of the amount of your loss;
• An explanation of why the substitute check you received is insufficient to confirm that you suffered a loss; and
• A copy of the substitute check and/or the following information to help us identify the substitute check (identifying information, for example the check number, the name of the person to whom you wrote the check, the amount of the check).

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Fraud Disclosure

Bank of Lexington takes fraud very seriously and wants to provide you with as much information as possible to prevent you from being a victim of the various schemes out there at any given time.

• The first line of defense in preventing fraud while you are on the Internet is protecting your computer, and with just a couple of tools and some diligence, you can greatly improve your security. Make sure your computer has both an anti-spyware protection program that detects and removes spyware and an anti-virus program. Keep both programs updated. There are many programs available, see your trusted local retailer for suggestions as to the product that will best work for you.
• Be very protective of your personal and account information. There are criminals who try to trick you by creating sites that look similar to real sites. The best way to know who you are dealing with is to type the address in your browser address bar.
• Shred all documents containing private information prior to disposing of them. “Dumpster Diving” or searching the trash is a frequent method of obtaining information to attempt identity theft or other fraud.
• Have your paychecks and interest checks directly deposited into your Bank of Lexington account to ensure that it doesn’t get stolen in the mail.
• Carry only necessary identification. Do not carry your Social Security card with you.
• Make copies of all the information that you carry daily, such as credit cards, driver’s license, and insurance cards, and keep the copies in a secure place.
• Be cautious when providing your Social Security number. Verify every time you provide it whether it is needed for the application or transaction.
• Be cautious of telephone and door-to-door solicitations.
• Never provide personal information unless you have initiated the contact and have confirmed the business or person’s identity.
• Confirm the validity of all requests for sensitive personal, financial, or account information, particularly if they are made with an urgent or threatening tone.
• Don’t leave personal information in your car. It’s even more valuable than your stereo.
• Collect your mail promptly. Use U.S. Postal Service mailboxes for outgoing mail when possible.
• Monitor all of your banking and credit card accounts regularly.
• Check your credit report annually

Spyware and viruses

Spyware and viruses are both programs that are designed to do some kind of damage. Whether the goal of these programs is to capture or destroy information, to ruin the performance of your computer, or to bombard you with advertising, you don’t want them. They both install without your knowledge and Viruses often send infected e-mail messages from your computer without you knowing it is happening to infect everyone in your e-mail address/contact list. Spyware disguises itself as a legitimate application and embeds itself into your computer, to monitor your activity and collect information.

Spyware and viruses are both serious threats to the security of your computer.

Pop-up advertisements

Pop-ups are the advertisements that “pop up” in a separate browser window. When you click on some of these pop-ups, it’s possible that you’re also downloading “spyware” or “adware.”

Sometimes, criminals create pop-up ads that look like they come from a respected financial institution and ask you to enter personal financial information, but most financial institutions including Bank of Lexington will never ask you to verify personal financial information in pop-ups. When unwanted pop up windows appear, the best thing to do is immediately close any pop-up ad window. Do not enter information or respond in any way.

We also recommend that you activate a pop-up blocking tool. There are many companies that offer pop-up blocking software, and many Internet browser companies are starting to integrate pop-up blocking tools into the newer versions of their products.

What to do if you suspect Fraud or Identity Theft

If you suspect that fraudulent activity has occurred we suggest the following actions:

1. If the fraudulent activity has occurred on your Bank of Lexington account or identity theft has occurred, please contact your Branch Office immediately.
2. Contact the fraud departments of each of the three major credit bureaus and request that the credit bureaus place a “fraud alert” and a “victim’s statement” in your credit file. The fraud alert puts creditors on notice that you have been the victim of fraud and the victim’s statement asks creditors not to open additional accounts without first contacting you. The following are the phone numbers of the three national credit bureaus: Equifax (800) 525-6285; Experian (888) 397-3742; and, Trans Union (800) 680-7289;
3. Request a free credit report from the credit bureaus. Credit bureaus must provide a free credit report if you believe the report is inaccurate due to fraud. Then you will be able to review the credit reports in detail to determine if any fraudulent accounts have been established. We recommend that you also determine if any unknown inquiries have been made. Unknown inquiries may be indicators of someone attempting to establish a fraudulent account.
4. Contact all financial institutions and creditors where you have accounts and should request that each of these entities restrict access to your account, change any password or close the account altogether, if there is evidence that the account has been the target of identity theft.
5. File a police report to document the crime and, contact the Federal Trade Commission (“FTC”) Identity Theft Hotline at (877) ID-THEFT (438-4338). The FTC puts the information into a secure consumer fraud database and shares it with local, state and federal law enforcement agencies.

Additional Resources for Identity Theft

These resources can provide you with step-by-step assistance in handling identity theft.

1. Contact your local office of Postal Inspection Service if it is suspected that an identity thief has submitted a change -of-address form with the Post office to redirect their mail, or has used the mail to commit frauds involving their identity. (626) 405-1200.
2. Contact the Social Security Administration if their Social Security number is being fraudulently used. (800) 269-02713
3. Contact the Internal Revenue Service if improper use of their identification is being used in connection with tax violations. (800) 829-0433
4. Contact the major check verification companies if they have had checks stolen or bank accounts set up by an identity thief. CheckRite: (800) 766-2748; ChexSystems: (800) 428-9623 (closed checking accounts); CrossCheck: (800) 552-1900; Equifax: (800) 437-5120; National Processing Co. (NPC): (800) 526-5380; SCAN: (800) 262-7771; TeleCheck: (800) 710-9898

You may also find additional information available at www.consumer.gov/idtheft.

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US Patriot Act Disclosure

To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account.

What this means for you: When you open an account, we will ask for your name, address, date and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents. All our accounts are verified through ChexSystems.

In all cases, protection of our customer’s identity and confidentiality is the Banks pledge to you.

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