Disclosure and Consent to the Use of Electronic Communications
Last Updated: September 29, 2020
As part of your relationship with us, we may be required by law to give you certain information “in writing.” We may also need to obtain your signature to perform certain functions, such as opening an account or enrolling you in our services. If you prefer, you can choose to both receive information and to provide necessary signatures related to your relationship with us electronically, instead. In order to do this, we first need your consent to use electronic records and signatures.
If you would like to provide your consent, please read this document carefully. By accepting the terms of this agreement, you affirmatively consent to use of electronic Communications as described in this consent disclosure. You also consent to the use of electronic signatures as part of our transactions with you.
In this consent, the words “we,” “us,” and “our” means New York Digital Investment Group LLC and its subsidiaries, successors, and assigns. The words “you” and “your” means the person giving consent.
“Communications” means each disclosure, notice, agreement, undertaking, fee schedule, periodic statement, record, document or other information we provide to you, or that you sign or submit or agree to at our request, in connection with your relationship with us.
“Product” means each and every account, product or service we offer, provide to you, or that you apply for, own, use, administer or access, either now or in the future.
1. Scope of your consent. Your consent applies to Communications related to all Products we may make accessible or available, or offer to you, whether through a website, software application, email, messaging services (including text messages), or otherwise.
Your consent includes, but is not limited to, Communications related to:
– Applying for or opening an account or obtaining a Product.
– Servicing, maintaining, using, operating or closing of an account or Product.
– Performing transactions or obtaining information in connection with a Product.
There are special additional terms for electronic delivery of Tax Statements. See Paragraph 7, below.
2. Your consent to use electronic records and signatures; Choosing to receive Communications electronically or in writing; Certain information must still be provided in writing. In our sole discretion, the Communications we provide to you, or that you sign or agree to at our request, may be in electronic form (“Electronic Records”). We may also use electronic signatures and obtain them from you as part of our transactions with you.
Electronic Records may be delivered to you in a variety of ways. In some cases, Electronic Records may be delivered via email or through the electronic application. You should print or download a copy of any electronic Communications for your records, including this consent.
We may always, in our sole discretion, provide you with any Communication in writing or send it to you via the U.S. mail or other means of delivery, even if you have chosen to receive it electronically. We may require any information you provide to us, or any document you sign, to be delivered to us in writing.
3. Your option to receive paper copies. If we provide an Electronic Record to you, and you want a paper copy, you may call 877-869-9041 and request a paper version. You will not have to pay a fee for the paper copy. However, as noted in Section 4 below, if you decline to provide consent to receive electronic documents or withdraw your consent at any time, NYDIG will close your account.
4. You may decline to provide or withdraw your consent at any time; Consequences of refusal to grant, or withdrawal of, consent; How to give notice of withdrawal. You have the right to refuse to provide your consent or withdraw your consent from at any time. Please be aware, however, that refusal to provide or withdrawal of consent may result in the termination of your use, access to or ability to enroll in certain Products, and closure of your account. Nevertheless, if we are required to provide you with paper copies of any documents, we will do so, and close your account thereafter. To withdraw your consent, contact us at 877-869-9041. Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it.
5. You must keep your email address current. To receive electronic Communications you must provide Quontic Bank with a valid email address. You must notify Quontic Bank immediately of a change to your email address. You can make changes by emailing [email protected].
6. System Requirements. In order to view and retain your electronic Communications, you will need:
– Internet access and a Current Version of a supported internet browser;
– A Current Version of a PDF reader;
– A printer or other storage device;
– An active email address; and
– A computer or handheld device capable of supporting all of the requirements described above.
By “Current Version”, we mean a version of the software currently supported by its publisher. We reserve the right to discontinue support of a Current Version of software if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for our use of electronic Communications.
In some cases, you may also need a specific brand or type of device that can support a particular software application, including an application intended for particular mobile or handheld devices. We will tell you when this is the case. By continuing to use of electronic Communications after such notice, you reaffirm your consent.
If we change these hardware or software requirements, and that change creates a material risk that you would not be able to access or retain your electronic Communications, we will notify you of the revised hardware or software requirements.
7. Additional Provisions for Tax Statements. The terms, conditions and disclosures above apply to the electronic delivery of tax documents (“Tax Documents”), including the following additional provisions:
– You are not required to receive Tax Documents electronically. However, if you do not elect to receive Tax Documents electronically, or withdraw your consent at any time, NYDIG will be unable to open an account for you and/or will close your account.
– Your election to receive Tax Documents electronically applies to any Tax Document which we are legally permitted to provide to you now or at any time in the future until such time that you withdraw your consent.
– Withdrawal of consent to electronic delivery of Tax Documents will not affect Tax Documents previously provided electronically; such Tax Documents may continue to be provided electronically for the applicable posting period.
– The electronic delivery of Tax Document may be terminated at any time by us. Further, we may make certain Tax Documents available electronically only for a limited time. Currently, the period of time for most Tax Documents is from January 31st or February 15th, as applicable, of the relevant year until October 15th of the same year.
– If you need to update any information relevant to electronic delivery of Tax Documents, you may request that such information be updated through the procedures set forth in the section titled “You must keep your email address current” above.
– A description of the hardware and software required to access, print, and retain Tax Documents are set forth in the section titled “System Requirements” above.
By accepting the terms of this agreement, you are consenting to the use of electronic records and signatures in connection with your relationship with us, and also confirming that:
– You have reviewed this Disclosure and Consent,
– You have the hardware and software described above,
– You are able to receive and review electronic records, and
– You have an active email account and the ability to access and view PDF files.