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Online Protection

Online Privacy Statement

Malaga Bank FSB (the "Bank", "we", "us" or "our") is committed to respecting the privacy rights of all users ("you" or "your") of its web site (the "Site"). Certain information about visitors to this site is being collected by DHI Computing Services, Inc., 1525 West 820 North, Provo, UT 84601 on their web servers. The following policy describes how the Bank seeks to assure its visitors about how it protects information provided or collected through this Site.

What information do we collect about you and how do we use it? When applying to use our Online Banking Site, you are required to provide your name, e-mail address, street address and telephone number, social security number, and your account number(s). Later, you will be asked to create a password to access the online banking services ("Services") offered on our Site. This information allows us to keep a user profile so that we may provide you access to the Services, customize preferences, and provide a faster method for you to submit and receive information to and from us.

We may also collect general information in connection with your use of our Site, such as, for example, the length of time you spend on our site, what pages on our site you visit most frequently, how often you visit our site, what kind of browser software you are using, and your domain name, if applicable. If you communicate with us by e-mail, we may collect your e-mail address and any other information contained in the e-mail. Since e-mail transmissions may be subject to interception, please do not include sensitive or personal information in any e-mail you send to us.

Information is collected for the purpose of processing your application, transaction, or request for information. The information will be used for the purposes of meeting your banking needs and requests, and providing services to you in the future. The Bank does not share customer information with third parties, except as permitted by law.

If you do not want your personal information collected, you may refrain from supplying the information, whether through e-mail or our Site.

How do we protect your information? The Bank implements a variety of security measures to maintain the safety of the information you provide to us. Your information is contained behind secured networks and is only accessible by a limited number of employees who have special access rights to such systems. All sensitive information supplied by users is transmitted via Secure Socket Layer (SSL) transaction security protocol (which was developed by Netscape and is now largely accepted as an industry standard) and then encrypted into the Bank's databases. The Bank recommends using one of the following browsers, each of which can be downloaded free of charge: Netscape Navigator ('http://www.netscape.com'), or Microsoft Internet Explorer ('http://www.microsoft.com/ie'). To ensure the highest level of security available today, the Bank suggests that users choose the 128-bit encryption version from the download options. If a user does not have access to a browser that supports at least 48-bit encryption, the Bank's servers will not process such user's information.

You may review the information we collect about you and correct any errors in that information by reviewing account statements and any other correspondence from us and notifying us of any inaccurate or outdated information at the address or phone number on your statements.

Furthermore, if the Bank chooses to make chat rooms, forums, message boards, individual web pages, and/or news groups available to its users, please remember that any information that is disclosed in these areas becomes public information and each user should exercise caution when deciding to disclose any of his/her information.

Do we use "cookies"? Cookies are bits of electronic information that a Site can transfer to a user's hard drive to help tailor and keep records of a user's visit to a Site. Cookies allow web site operators to better customize visits to a web site to the user's individual preferences. The use of cookies is standard on the Internet and many major web sites use them. Although most web browsers automatically accept cookies, users can usually change browser settings to prevent or provide notification whenever a cookie is sent, thereby giving users the chance to decide whether or not to accept it. Even without accepting a cookie, users can still access most of the features on the Site. The Bank may use cookies in order to help provide you with a better experience on our Site. To obtain more information about cookies, please visit http://www.cookiecentral.com.

OUR SPECIAL NOTE TO PARENTS
Due to the nature of the high-end services offered on our Site, and lack of marketing toward children, we believe that children are unlikely to visit us on the Internet. Nonetheless, we encourage parents and guardians to spend time online with their children, and to participate in the interactive activities offered online. No information should be submitted to or posted at our Site by guests under eighteen (18) years of age without the consent and supervision of their parent or guardian. In addition, we will use our best efforts to comply with the Federal Children's Online Privacy Protection Act (COPPA). In an effort to comply with COPPA, we will not knowingly allow children under the age of thirteen to use our Site.

However, we also believe that it is the parents' responsibility to supervise their children's online activities and parents should therefore consider using parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also prevent children from disclosing their name, address, and other personal information online without parental permission.

THIRD PARTY LINKS
In an attempt to provide increased value to our users, we may choose various third party web sites to link to, from, and frame within, our own Site. However, even if the third party is affiliated with us, we have no control over these linked web sites, each of which is independent of our Site and may have separate privacy and data collection practices. We have no responsibility or liability for these independent policies or actions, and are not responsible for the privacy practices, content or any other aspect of such web sites. These linked web sites are only for your convenience and you therefore access them at your own risk.

YOUR CONSENT
By using our Site, you expressly consent to the collection and use of information by us as described in this privacy statement. If we decide to change our privacy statement, we will post those changes at www.malagabank.com, so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

CONTACT US
We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to this, or any other issue, at malagabank@malagabank.com. Please do not send any sensitive or confidential information through this email, such as account numbers or tax ID numbers. Allow up to 24 hours for a response.

Or you can reach us by posted mail at:
Malaga Bank FSB
2514 Via Tejon
Palos Verdes Estates, CA 90274
By telephone: 310-375-9000
Or by facsimile: 310-373-3615

If you feel the Bank has not met its obligations in the protection or use of your personal information, you may contact the following government agency for specific regulations:

Office of the Comptroller of the Currency
Customer Assistance Group
1301 McKinney Street, Suite 3450
Houston, TX 77010

INTERNET ACCESS TERMS AND CONDITIONS
Please also visit our Internet Access Terms and Conditions establishing the use, disclaimers, and limitations of liability for the Online Banking Site.

This agreement (“Agreement”) sets forth the terms that apply to your use of the web sites , http://www.malagabank.com and https://www.malagabankonline.com (“Site”), provided by Malaga Bank FSB (“we” or “the Bank”), and the information, data, text, software or other materials (“Content”), and the banking services, software and other services available on the Site (“Services”).  Please read this Agreement carefully. You will be subject to the terms of this Agreement if you access or use the Site or register for or use any of the Services.  If you do not agree to these terms, you should not access or use the Site or register for or use the Services.

Ownership of Material

The reproduction or distribution of the content and information on our site is strictly prohibited.

Uploaded Content, Linked Sites and Advertisements

From our website, you may be able to access uploaded content provided or operated by third parties. Unless we tell you otherwise in writing, we do not operate or control any such content or any of the information, products or services on such linked websites. You acknowledge and agree that: (i) you access such content and linked sites at your own risk; (ii) we make no representation or warranty, and assume no responsibility for, content on our website and any linked site or the actions or omissions of its/their owners, operators or providers; (iii) we make no endorsement of, and assume no responsibility for, content uploaded to our website or goods or services offered on or advertising on or by any other website; (iv) by using other websites and Services, you may be exposed to content that is offensive, indecent or objectionable; and (v) although we may have a contractual or other relationship with the operators of a linked website or the providers of content, we will not be responsible for the content, accuracy, integrity, availability, timeliness or operation of their website or content. You agree to hold us harmless in connection with all of the foregoing.

We reserve the right, but shall have no obligation, to reject, move, or delete content that we, in our sole discretion, believe violates this Agreement, or contains content, including viruses, that may interfere with the operation of our website. We may, but have no obligation to, monitor, and/or retain copies indefinitely of, uploaded content, message boards, chat rooms or other forums or review content, or messages posted at such locations, to confirm their compliance with these guidelines. We shall have the right, but not the obligation, to disclose content to any third party if required by law or if we believe reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect our rights, properly, or personal safety, or those third parties.

Third Party Content

We may receive, process, and make available to you content that we receive from you and others. In this regard, we are merely a passive conduit for such content, although we reserve the right to block or remove any content that we believe violates this Agreement. We assume no responsibility for determining the accuracy, reliability, timeliness, ownership, legality, appropriateness or completeness of any information that you or others provide to us, nor for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity on such sites. We will not have a duty to interpret or evaluate any content transmitted to us or through our website or Services, except to the limited extent, if any, set forth in this Agreement. We will not be required (by means of any security procedure or otherwise) to detect errors or illegality in the transmission or content of any content we receive from you or third parties. We will not have a duty to notify you about any inaccuracy, unreliability, ownership, incompleteness or other problem that may be associated with third party content on our website, even if we have reason to know of its existence. Use of any content you obtain from our website is at your own risk.

User Communication and Personalization Settings

Our website and Services may permit you to send or receive communications (such as email, chat, newsgroups and the like) and to store content and personalized settings for various options. We are not responsible for any delay, deletion, alteration, mis-delivery or failure to deliver or store any such communications, content or settings.

Idea Submission

If you submit any materials or other information to any public areas of our website (such as bulletin boards, guest books, forums, wish lists and chat rooms), you hereby grant us a non-exclusive, worldwide, royalty-free, fully paid-up, perpetual, sub-licensable, assignable, transferable, irrevocable license under copyright and patent, with the unrestricted right to use, self, reproduce, distribute, transmit, create derivative works of, publicly display, and publicly perform any such materials and other information (including, without limitation, ideas contained therein for new or improved products and services) by all means and in any media now known or hereafter developed or commercialized. In addition, you represent and warrant to us that you have the right to grant to us the foregoing license.

Our Intellectual Property

You acknowledge and agree that the software and content used by us in the operation of our website and provision of the Services, and the copyright patent, trademark, trade secret and all other rights in and to the technology, software, content, designs, graphics, and trademarks included by us our website and as part of the Services and our name and product names and the website’s URL (collectively, by the “Intellectual Property”), are owned by us and our licensors. As such, you will not gain any ownership or other right, title or interest in or to such Intellectual Property by reason of this Agreement or otherwise. You may not use, reproduce, duplicate, copy or distribute the content found at our website or provided by the Services.

You may not distribute, use, reproduce, duplicate, copy, publish, sell, or otherwise transfer (a) any portion or element of the Services or the Intellectual Property (b) use of our website, Services or Intellectual Property, or (c) access to our website Services or Intellectual Property. Further, you may not (a) create derivative works of any portion or element of our website, Services or Intellectual Property; (b) reverse engineer, modify, decompile or disassemble any of the Intellectual Property; (c) deactivate or disable any password protection or other protection, security or reliability technology we incorporate in our website or the Services; (d) modify or erase any copyright or trademark notice we place at our website; (e) engage in the practice known as “screen-scraping” or otherwise attempt to, or actually, obtain copies of content provided at the site or a list of our content or site users, or use computer programs (sometimes known as “scrapers,” “spiders,” “robots” or “bots”) to systematically access and download data; (i) access the Services by any mean other than via our website; (j) frame our website or any Intellectual Property; or (k) use any circumvention tools, meta tags or any other “hidden text” utilizing our name, trademark, URL, product name or other Intellectual Property. You agree to comply with the terms of any license agreement we make available to you with any software.

User Conduct. You agree not to use the Service or the content or information in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of the Service to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising or illegal Internet gambling); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to the Service; or (i) use the Service in such a manner as to gain unauthorized entry or access to the computer systems of others.

No Commercial Use or Re-Sale. You agree that the Service is only for the personal use of the individuals authorized to access your account information with us. You agree not to make any commercial use of the Service or resell, lease, rent or distribute access to the Service.

Purchase

Our website or Services may permit you to purchase goods and services from various online or offline merchants, retailers, vendors, suppliers, services, or individuals (collectively, “Merchants”). The web pages from which you conduct such transactions may bear our logos, names, trademarks or service marks, or brand identity. Nonetheless, we have no responsibility for any of your transactions with any such Merchants, and make no guarantees, representations or warranties regarding any of them. We shall not be responsible for any loss or damage you or anyone else incurs as a result of such transactions or Merchants.

Severability

Wherever possible, each provision of this Agreement shall be interpreted in a manner which makes the provision effective and valid under applicable law. If applicable law prohibits or invalidates any part or provision of this Agreement, that particular part or provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement.

Entire Agreement

This Agreement contains the entire agreement between the parties and no statements, promises or inducements made by either party or agent of either party that are not contained in this written Agreement or other documents referenced by this Agreement.

Choice of Law

This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, except where preempted by federal law.

Amendment of this Agreement

We may amend, add to or change this Agreement (including changes in its fees and charges hereunder). We will provide notice of amendments, additions or changes if required by applicable law. Your continued use of the Services will constitute your consent to the amendments, additions or changes.

Additional Terms and Conditions

Waiver. We may waive any term or provision of this Agreement at any time or from time to time, but any such waiver shall not be deemed a waiver of the term or provision in the future.

Assignment. We may assign the rights and delegate the duties under this Agreement to a company affiliated with us or to any other party. You may not assign your rights or obligations under this Agreement, and any effort by you to do so is unenforceable at our election.

Termination; Suspension; Delay. Except to the extent restricted by law, we reserve the right to terminate or to discontinue support of any Service, or delay or refuse processing any transaction, without written notice. You may terminate this Agreement upon 30 days written notice to us. Termination of this Agreement will not affect any rights we may have, or any obligations you may have, as to any transaction or Services caused or attempted by you before termination.

The contents of this Web site are copyright © 2016 Malaga Bank FSB, except that uploaded materials are copyright by their respective owners or others. All rights reserved.

Malaga and Malaga Online are trademarks of Malaga Bank FSB. All other trademarks are the property of their respective owners.

If you believe that anything on this web site infringes your rights under copyright, or your intellectual property rights have been otherwise violated, please contact our Copyright Agent at Malaga Bank FSB, 2514 Via Tejon, Palos Verdes Estates, CA 90274, Attn: Chief Financial Officer tel. (310) 375-9000, fax (310) 373-3615, email malagabank@malagabank.com, and provide the following information: a description of the work or other intellectual property that you claim has been infringed; the location (URL or other description) of the infringing material on our Site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury of the laws of the State of California and of the United States, that the above information in your notice to us is accurate and that you are (or are authorized to act on behalf of) the copyright or intellectual property owner. Your notice to us must contain your physical signature or a legally-binding electronic signature. Please do not send any sensitive or confidential information through this email, such as account numbers or tax ID numbers. Allow up to 24 hours for a response.

All access to and use of this web site and the services provided on this web site are governed by the Online Access Agreement and Privacy Statement.

SECURITY and BROWSER REQUIREMENTS

Security Issues

To help maintain security, you should close your browser when you have completed your Internet banking session. This will help prevent unauthorized persons from viewing your private account information.

Never share your password with another person. Keep your password secret.

Browser Requirements

To help ensure security and proper functionality, you must use a browser that meets or exceeds the following requirements:

  • 128 bit encryption
  • You must have Cookies and JavaScript enabled
  • We recommend you use the latest, patched version of any modern browser such as: Google Chrome, Apple Safari, Mozilla Firefox, Opera or Microsoft Internet Explorer.
  • We also highly recommend that you have a personal firewall, virus and spyware protection that is up-to-date with all security patches and that the operating system is also up-to-date with all security patches.

SAFEGUARDING YOUR INFORMATION

At Malaga Bank, the security of customer information is a priority. We are strongly committed to the safety and confidentiality of your records. Every day, unscrupulous individuals are busy developing new scams targeting the unsuspecting public. One of the best ways to avoid fraud is to become an educated consumer.

  • Watch out for copycat Web sites that deliberately use a name or Web address very similar to, but not the same as the real one. The intent is to lure you into clicking through to their Web site and giving out your personal information, such as a bank account number, credit card number or Online Banking login information.
  • Always use your pre-established links to access Web sites and avoid clicking on links in unsolicited e-mails. If you ever receive a suspicious e-mail representing itself as Malaga Bank, please forward the message in it’s entirety to malagabank@malagabank.com.
  • Ensure that your own personal computer has updated anti-virus and firewall protections. Apply security patches for all of your programs and operating systems regularly.
  • Passwords should be unique to you and changed regularly. Do not use birthdays or other numbers or words that may be easy for others to guess. Never write down your password or give it to another person.
  • Monitor your account activity frequently using our free Online and Mobile Banking services.
  • Sign up for free Online Banking eStatements to avoid having your paper statement sitting in an unsecure mailbox where it could be compromised.
  • Set up free Security and Balance Alerts through Online Banking to be notified via e-mail when there is transaction activity or changes in your expected balance.
  • Set up a personalized Phishing Phrase for your Online Banking so that you always know when you are on our secure Web site.

Please keep in mind that we will never ask for or email you requesting your online banking password. We may on occasion call to verify other information regarding your online activity should we see something of concern in your login patterns.If you plan to travel and use your Online Banking or Debit Card, it is very helpful to call us in advance to avoid your account being temporarily disabled for security purposes.

REGULATION E

In Case of Errors or Questions About Your Electronic Transfers Telephone us at 310-375-9000 or Write us at 2514 Via Tejon, Palos Verdes Estates, CA 90274 as soon as you can, if you think your statement of receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

  1. Tell us your name and account number (if any).
  2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  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 10 business days.

We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. For point-of-sale errors involving unauthorized use of a Visa Debit Card we will credit your account within five (5) business days while we investigate your complaint or question if your account is not new.

For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint of question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.

You may ask for copies of the documents that we used in our investigation.

For personal accounts, limitations on your liability for unauthorized electronic funds transfers and other electronic errors that are covered by Regulation E are explained in the EFT Disclosure and in our Terms and Conditions Agreement. However, if you use online services for any business activity, you assume all risk of loss for unauthorized transfers and payments, and you must establish your own internal security procedures for employees you authorize to prevent all unauthorized use by other employees or persons.

We encourage you to review our Security & Privacy link which can be found at the bottom of any page of our www.malagabank.com Web site. If at any time you have questions regarding security or possible fraud, please contact us at 310-375-9000 or via e-mail at malagabank@malagabank.com.

24/7 FRAUDWATCH® PLUS

In order to combat the increasingly savvy perpetrators of card fraud, our ATM and Debit cards now have around-the-clock protection with 24/7 FraudWatch® PLUS. FraudWatch® PLUS provides industry leading technology, tools and expertise to manage fraud. Experienced fraud analysts work around the clock, watching for any suspicious card activity and will contact you between the hours of 8 a.m. and 9 p.m., if they detect potential fraud on your card. So, if you receive a call from “Fraud Prevention Services,” please know that they are doing their job to prevent the potentially fraudulent use of your card.

The Fraud Protection Services analyst will never ask you for your full Social Security Number or your 4-digit PIN. To help identify you, the analyst will ask you for:

  • the last 8-digits of your card number
  • the last 4-digits of Social Security Number
  • your date of birth
  • your mother’s maiden name

They will then ask you to verify recent activity to determine if your card has been used fraudulently. Fraud is a serious business, and can hit any time of the day or night. That is why we are working to detect and prevent fraud from happening to you.