Electronic Records and Signatures
1. Why You Are Being Asked
Federal law, the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. section 7001, and state law, which in most states is the Uniform Electronic Transactions Act and in New York is the Electronic Signatures and Records Act, let a company give you a legally required disclosure on a screen instead of on paper only if you agree in advance and only if you are told certain things first. This page is those things. Read it before you tick the box.
2. What This Consent Covers
If you consent, Banrox may provide the following electronically, by displaying them in the Services, by emailing them to you, or by emailing you a link to them:
- These Terms of Service, the Privacy Policy, the GLBA Privacy Notice, and every other document at banrox.com/legal, including changes to them
- Account opening, identity verification and authorisation disclosures
- Billing disclosures, receipts, renewal reminders, price change notices and trial conversion notices
- Credit and identity monitoring alerts and the disclosures attached to them
- Notices we are required to send you by federal or state law
- Records you sign electronically, and the completed copy of anything you sign
- Servicing, security, fraud and legal notices about your account
This consent does not cover marketing. Marketing calls, texts and email are governed separately by the Calls, Texts and Email Policy, and you can be a Banrox member with this consent in place and no marketing at all.
3. Electronic Signatures
You agree that clicking a button marked to indicate agreement, typing your name into a signature field, drawing a signature, or using another method we offer, is your signature. It has the same legal effect as a handwritten signature on paper, and neither of us will argue otherwise merely because it was electronic.
Banrox records that you signed, what you signed, and the date. Banrox does not yet store the exact wording that was displayed to you at the moment you signed, or the internet address the signature came from. Banrox is building that capture. Until it is built, the archived version of the document carrying the identifier in force on the date you signed is the text you signed, and Banrox will not argue otherwise. You may request whatever record exists for you at any time at [email protected] and Banrox will send it free of charge.
4. What You Need to Receive and Keep These Records
By consenting you confirm you have all of the following:
- A device with internet access
- A current version of a common browser such as Chrome, Safari, Edge, or Firefox, with cookies and JavaScript enabled
- A working email address that you check, and the ability to receive email from banrox.com without it being blocked or filtered
- Software able to open PDF files
- The ability to print or to save an electronic copy for your records
- Enough storage to keep the records you want to keep
If the hardware or software you need changes in a way that creates a material risk that you could not open or keep the records Banrox sends, Banrox will tell you what the new requirements are, tell you that you can withdraw your consent at no charge and with no condition or consequence that was not already described on this page, and ask you to confirm your consent again in the new format before Banrox relies on it. Notice on its own is not enough: 15 U.S.C. section 7001(c)(1)(D) requires Banrox to obtain your confirmation a second time, in a way that shows you can reach a record in the new form. Until you confirm, Banrox will send you that record another way.
5. Confirming You Can Actually Receive Them
Before your consent takes effect, Banrox sends you a message at the email address you gave, containing a copy of this consent as a PDF file and a link you have to open. Opening the link from that message does two things at once: it proves the address works, and it proves that your device and your software can open and read a record in the same form Banrox will use to send you records later. That second part is the point. 15 U.S.C. section 7001(c)(1)(C)(ii) requires you to confirm in a way that reasonably demonstrates you can reach the information in the form it will be provided, and section 4 of this page says that form may be a PDF, so a step that tests only whether email reaches you would not be enough. If you cannot open it, tell Banrox at [email protected] and Banrox will send that record another way rather than assume you received it.
If Banrox cannot confirm the address, it will send you paper or ask for a different address rather than assume you received something you did not. Keep your email address current in your account settings. If email to you bounces repeatedly Banrox treats electronic delivery as failed for that record and contacts you another way.
What runs today, and what is being built. Banrox sends an email at signup to the address you gave. The step described above, which attaches this consent as a PDF and asks you to open a link from that message so that PDF access is demonstrated and not assumed, is in build and is not running yet. Until it is, Banrox does not treat the signup email as proof that you can open a PDF. If Banrox has to give you a record and the only electronic form it has is one you have not been shown you can open, Banrox sends it another way or on paper instead, at no charge. Ask for paper at any time under section 6 and nothing about your consent changes.
6. Getting a Paper Copy
You can ask for a paper copy of any record we provided electronically. Write to [email protected] or Banrox Inc., Attn: Legal, 40 N Altadena Dr, Ste 105, Pasadena, CA 91107, with your name, the address on your account, and which record you want. There is no charge, and asking does not withdraw your consent.
7. Withdrawing Consent
You may withdraw this consent at any time, free of charge, by emailing [email protected] with the subject "Withdraw E-Sign Consent," by writing to the postal address above, or by using the setting in your account.
Withdrawal takes effect when we have had a reasonable time to act on it, normally within 5 business days. It applies to records sent after that point. It does not invalidate any record already delivered or any signature already given, and it does not undo a transaction already completed.
What withdrawal means for your account. Some Banrox features exist only in electronic form and cannot be delivered on paper at the speed they are meant to work, for example a real time identity alert. If you withdraw consent we will tell you exactly which features stop, and you may close your account and receive a refund of prepaid unused fees. We will not charge you a fee for withdrawing, and we will not treat withdrawal as a breach.
8. Keeping Your Information Current
Tell us when your email address, mailing address, or phone number changes. Update it in your account settings, or email [email protected]. We deliver to the address on file, and a notice sent to an address you did not update is still a notice we gave.
9. Two Limits Worth Stating
This consent is not consent to be marketed to. It is consent to receive documents you are legally entitled to receive. Nothing in it lets us send you a promotion you did not ask for.
This consent is not an application. Agreeing to receive records electronically does not apply you for any product, does not authorise a credit pull, and does not create any obligation to buy anything. Authorisations of that kind are separate, are shown separately, and are agreed separately.
10. Questions
Write to [email protected] or call (888) 888-6401. If you would rather not consent, tell us and we will arrange paper delivery of any disclosure the law entitles you to.
