Electronic Communications Agreement Please read this Electronic Communications Agreement ( ecommunications Agreement ) carefully. It contains important information about your legal rights. Thank you for choosing Capital One s electronic delivery of certain communications. This service is another example of our commitment to providing you the highest level of customer satisfaction. To view the current version of the ecommunications Agreement, visit www.capitalone.ca/help/online-banking and scroll to the Statements section of the FAQs. Terminology In this ecommunications Agreement the words you and your mean every person with an interest in an account for which you choose electronic disclosures. These words do not include an authorised user. The words Capital One, we, us and our mean Capital One Financial Corporation and its subsidiaries, including, but not limited to, Capital One Bank (Canada Branch). The words Online Banking mean the electronic service that allows Capital One customers to access a number of financial and other services provided through the use of personal computers, mobile devices or similar equipment, which is subject to our Online Account Services Agreement with you. The word site refers to the Internet site where Online Banking is offered. Accepting this ecommunications Agreement You understand that by selecting the check box and agreeing to the ecommunications Agreement, you agree to all of the terms and conditions in this ecommunications Agreement. You agree to use this service solely as provided in this ecommunications Agreement. Your consent to receive electronic communications from us takes effect immediately upon your acceptance of this ecommunications Agreement and the selection of your preferences through Online Banking (discussed below). However, it may take up to one statement cycle for you to start receiving electronic communications from us. You may withdraw your consent to receive electronic communications from us at any time. See below for how to withdraw your consent. We reserve the right to cancel your participation in this program at any time. Your Legal Rights Certain laws require us to provide specific information to you in writing, which means you have a right to receive such information on paper. We may provide such information to you in electronic form if we obtain your consent to this ecommunications Agreement, which includes your consent to receive such information in electronic form. Your consent will also apply to any other person named on your account, subject to applicable law. In order to receive electronic communications from us, you must first choose to use Online Banking. If you do not already have access to Online Banking, go to www.capitalone.ca/onlinebanking to sign up. Please note that the Online Account Services Agreement also applies to your use of this service.
- 2 - Any communications that Capital One determines, in its sole discretion, that you should receive in paper rather than electronic form will be mailed to the primary address we have for you in our records or otherwise delivered as required by law or any other agreement that you have with Capital One. It is your responsibility to update any changes to your mailing address. You can update your mailing address by calling Customer Service at 1-800-481-3239 or logging into your Online Banking account and going to the My Info tab. Hardware and Software Requirements In order to receive and access electronic communications from us, you will need to ensure that you have access to a computer that meets our hardware and software requirements. Our requirements can be found in the FAQs section of our site at www.capitalone.ca/help/online-banking. By consenting to this ecommunications Agreement, you agree that you have the necessary hardware and software as set out on the site. If, in the future, you no longer have access to a computer that meets our hardware and software requirements, you must withdraw your consent to receive electronic communications from us. See below for how to withdraw your consent. We will confirm that we have received your withdrawal of consent and specify when it takes effect. You will receive this confirmation either in electronic form or in a paper document. Setting Your Preferences For your convenience, we have created options for you so that you can choose to receive the types of electronic communications that work best for your particular needs. There are two categories of communications that you can choose to receive in electronic form: (1) periodic (monthly) statements, which may include important notices about your account ( Paperless Statements ); and (2) other disclosures and notices as described in more detail below ( Other Communications ). You can set your preferences to receive either or both of these types of communications ( Communications ) in electronic form. For more information on the availability of your electronic Communications preference management options, please visit the My Info tab in Online Banking. The Communications that you receive in electronic form will be governed by this ecommunications Agreement. We may, at any time, choose to send some or all Communications to you in paper form by mail instead of sending them in electronic form or in addition to sending them in electronic form. Paperless Statements If you select Statements on the online enrolment form, you are electing to receive from us, in electronic form, Paperless Statements for your specified account. Like your paper statement, Paperless Statements may include important notices about your account, which may include, but are not limited to: Any notice of amendment (which may include the addition of new terms) to a Capital One credit agreement or to the interest rate, fees or other changes applicable under such agreement that Capital One determines, in its sole discretion, to provide in electronic form in a Paperless Statement; Notice of changes to our contact information; and Our Privacy Statement and other privacy statements or notices (by posting such notices on our site).
- 3 - If you elect to receive Paperless Statements, you cannot opt-out of receiving important notices that are included in or with your statement in electronic form. While enrolled in Paperless Statements, typically you will no longer receive paper statements in the mail. However, you may be sent paper statements or other documents that contain important information about your account. You should continue to review any correspondence that we mail to you. Obtaining Copies of Paperless Statements Your Paperless Statements will be available to review at periodic (monthly) intervals in accordance with your existing statement cycle date. As a courtesy, when your Paperless Statement is available, we will attempt to send an email notification to your email address that we have on file. It is your responsibility to update any changes in your email address by logging in to Online Banking and going to the My Info tab. We are not responsible if you do not receive this courtesy reminder. If you do not receive an email and believe you should have, please visit Online Banking to view the My Info tab and verify your email address. Other Communications If you select Documents on the online enrolment form, you are electing to receive from us, in electronic form, Other Communications for your specified account. Other Communications will be made available in electronic form by posting the communication within Online Banking. As a courtesy, we may attempt to send an email notification to your email address that we have on file when you have a new Other Communication available for review. We are not responsible if you do not receive this courtesy email. It is your responsibility to update any changes in your email address by logging in to Online Banking and going to the My Info tab. If you do not receive an email and believe you should have, please visit Online Banking to view the My Info tab and verify your email address. Other Communications may include, but are not limited to: Any application disclosures (including the required information box) and/or application form and terms provided in connection with your application for any product or service within Online Banking or any other site; Any initial disclosure statement (including the required information box) and/or credit agreement provided in connection with any Capital One credit agreement; Any notice of amendment (which may include the addition of new terms) to a Capital One credit agreement or to the interest rate, fees or other changes applicable under such agreement that Capital One determines, in its sole discretion, to provide in electronic form in Other Communications; This ecommunications Agreement and all updates and changes to this ecommunications Agreement; The Online Account Services Agreement, and any other service or user agreements for online access to sites, all updates and changes to these agreements and all disclosures, notices and other communications regarding Online Banking and transactions you make within Online Banking or through other sites;
- 4 - Important disclosures and notices relating to the maintenance or operation of an account, product or service including, but not limited to account information, account activity, account inactivity, payments made or due, or other statements, disclosures or notices that may be required by any applicable laws and regulations; Our Privacy Statement and other privacy statements or notices (by posting such notices on our site); Any tax statements or notices that we are legally required to provide to you; Any information or forms that we request from you and ask you to submit in electronic form, such as signature cards or other agreements; and Any promotional offers and information about our rewards programs, research and contests. Obtaining Copies of Other Communications You will find your Other Communications in the Statements & Documents tab in Online Banking. You may print or make a copy of Other Communications by using the Print button (or otherwise using your print function) or you may save a copy of Other Communications by saving the electronic form of the document. Your Other Communications will remain on your Online Banking account for 12 months, so make sure that you make any necessary copies prior to that time. Types of Communications You Will Receive in Paper This ecommunications Agreement does not apply to any communications that Capital One determines, in its sole discretion, that you should receive in paper rather than electronic form, including offers of products and services. How to Withdraw Your Consent You can withdraw your consent to receiving ecommunications, with no cost to you, online, by phone or by mail. Online: Log in to Online Banking, go to the My Info tab and click Update Paperless Settings to update your preferences Telephone: Call Customer Service at 1-800-481-3239; or Mail: Write to us at Capital One Customer Service, P.O. Box 503, Scarborough Stn. D, Scarborough, Ontario, M1R 5L1. Your withdrawal of consent is effective only after you have communicated your withdrawal to Capital One through the appropriate procedure in Online Banking, by calling the appropriate customer service phone numbers, or by mail and Capital One has had a reasonable period of time to act upon your withdrawal. The withdrawal of consent will only apply to those communications that are required by law or regulation to be provided to you in paper form. We may continue to deliver to you in electronic form all other communications. If you would like to unsubscribe from certain other communication in electronic form, please do so by using the unsubscribe link at the bottom of the relevant email. Your consent shall remain in force until withdrawn in the manner provided in this section. We will confirm that we have received your withdrawal of consent and specify when it takes effect. You will receive this confirmation in writing either in electronic form or in a paper document. We reserve the right to unenrol you from this program for any reason. If we do so, you will not receive any confirmation of unenrolment. If you have any questions, please contact Customer Service at 1-800-481-3239.
- 5 - Consent Coverage; Certain Notices From You Are Not Covered Applicable law or contracts sometimes require you to give us written notices. You must still provide these notices to us on paper or, if permitted, by telephone. Your consent here does not relate to those notices. Updating Your Contact Information In the event that your email address or other contact information changes, you must notify Capital One of these changes immediately through one of the following methods: Online: Log in to Online Banking, go to the My Info tab and click on Update Contact Info to enter your updated information; or Telephone: Call Customer Service at 1-800-481-3239. If you fail to update or change an incorrect email address or other contact information, you agree that any Communications shall be deemed to have been provided to you if they were made available to you in electronic form within Online Banking. Retain Copies for Your Records We recommend that you print or save a copy of this ecommunications Agreement, the Online Account Services Agreement and all other Communications for your permanent records. Privacy Capital One supports the protection of personal information. Click on the following link to read our Privacy Statement at www.capitalone.ca/privacy. By agreeing to this ecommunications Agreement, you also agree to the terms of our Privacy Statement. Amendability and Severability We may amend or change any part of this ecommunications Agreement at any time. To view the current version of this ecommunications Agreement, visit the FAQs section of our site at www.capitalone.ca/help/online-banking and scroll to the Statements section of the FAQs. The invalidity of any provision of this ecommunications Agreement will not affect the validity of any other provisions. Applicable Law This ecommunications Agreement will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Your Acceptance Select the check box to accept the terms and conditions of this ecommunications Agreement.