This Privacy Policy is entered into by and between the user of the Platform (“you”) and Eastern Point Trust Company and its Affiliates and Third Parties (jointly “Eastern Point Trust Company,” “EPTC,” “we,” or “us”). As used herein, “Third Parties” means any general partnership, limited partnership, limited liability company, corporation, joint venture, trust, business trust, investment fund or trust, or similar organization or entity controlling, controlled by, affiliated with by agreement, or under common control with EPTC, as well as the officers, managers, current and former employees, shareholders, and service providers of the preceding.
This Privacy Policy, together with any documents expressly incorporated by reference, relates to the online information collection and use practices of the website www.easternpointtrust.com and any linked or affiliated websites, including any content, functionality, or services offered on or through the same (collectively the “Platform”), whether as a guest or a registered user.
This Privacy Policy is a separate standalone contractual agreement, as such, please read the terms of this Privacy Policy and each of the other documents, including but not limited to the Terms and Conditions that separately apply to you carefully. For the purpose of clarity, this Privacy Policy does not incorporate the Terms and Conditions of this website, nor do the Terms and Conditions of this website incorporate this Privacy Policy. Accordingly, each agreement is separate and their terms apply additively.
By using or accessing the Platform, you acknowledge that you have read this Privacy Policy. We may amend this Privacy Policy at any time in our sole discretion, including without limitation, by posting revised terms on the Platform. All changes are effective immediately when we post them and apply to all access to, and use of, the Platform thereafter. With each access or use of the Platform, you agree to this Privacy Policy as it may have been amended from time to time, and as such we encourage you to refer to this Privacy Policy on an ongoing basis so you are aware of any changes, as they are binding on you. You, by your access or use, acknowledge and agree that this Privacy Policy is a contract and that failing to abide by its terms is a breach of contract.
THIS PRIVACY POLICY CONTAINS BINDING WAIVERS AND DISCLOSURES WHICH MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THE INFORMATION FULLY AND CAREFULLY.
This Privacy Policy is a separate legal agreement and is in addition to, and not a replacement for, any other agreement you may enter into with EPTC. Additionally, this Privacy Policy may be incorporated by reference and made part of any other agreement you enter with EPTC.
Your access to, and use of, the Platform and ongoing services is conditioned upon your acceptance of, and compliance with, this Privacy Policy. This Privacy Policy applies to all visitors, users, Beneficiaries, Claimants, and other who wish to access or use the Platform.
The Platform is offered and available to users who are 18 years of age or older. By using the Platform, you represent and warrant that you are of legal age to form a binding contract with EPTC and meet all eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
If you disagree with any part of the current Privacy Policy, then you do not have permission to access the Platform, must immediately suspend your use thereof, and must inform us in writing, via USPS Certified Mail within three (3) days of the suspension and objection to the Privacy Policy. Notices confirming suspension and objection to the Privacy Policy must be mailed to Web Services, % Eastern Point Services, P.O. Box 232, Warrenton, VA 20188.
When you visit the Platform, you may provide us with two (2) types of information: (1) personally identifiable information that you knowingly choose to disclose, which is collected on an individual basis, and (2) general user information that does not contain personally identifiable information, which is collected on an aggregate basis as you utilize the Platform. In some cases, if you choose not to provide us with requested information, you may not be able to access all of the Platform’s content or services.
We may ask for certain personal information from you for the purpose of providing you with content and/or services that you request. We may retain a record of users who have contacted us in order to respond properly to questions or concerns and for purposes of future communications.
Cookies/Web server logs: similar to other websites, the Platform utilizes standard technology called “cookies” and web server logs to collect information about how the Platform is used. Cookies are a feature of web browser software that allows web servers to recognize the computer used to access a given website. Cookies are small pieces of data that are stored by a user’s web browser on the user’s hard drive. Information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, time spent at the Platform, and the websites visited just before and just after access or use of the Platform. This information is collected on an aggregate basis. None of this information is associated with you as an individual.
You can, of course, disable cookies on your computer by indicating this in the preferences or options menus in your browser. However, it is possible that some parts of the Platform will not operate correctly if you disable cookies. You should consult with your browser’s provider/manufacturer if you have any questions regarding disabling cookies.
We use your personally identifiable information to provide you with the information, services, or content that you have requested and, in some cases, to contact you about our programs, products, features, or services. If you no longer wish to receive press releases or any other type of information from us, you may send us an email through the Platform’s “Contact Us” link or use our E-mail Alert form to change your preferences.
We use non-identifying information collected on the Platform in the aggregate to better understand general usage of the Platform and to enhance your enjoyment and experience. For example, we may use the information to improve the design and content of the Platform or to analyze the programs or services we offer.
We may employ other companies and individuals to perform functions on our behalf. Our employees, agents, and contractors who have access to personally identifiable information are required to protect the information in a manner that is consistent with this Privacy Policy.
We may provide access to your personally identifiable information when legally required to do so, to cooperate with investigations or other legal proceedings, to protect against misuse or unauthorized use of the Platform, to limit our legal liability and to protect our rights, or to protect the rights and safety of visitors to the Platform or the public. In those instances, the information is provided only for that limited purpose.
We will not share your personally identifiable information in ways unrelated to those described above without providing you with an opportunity to opt out of such use or otherwise prohibit such unrelated uses.
We will never sell the information you provide to us, nor shall we make said information available for any other commercial purpose.
Protecting children’s privacy is important to us. For that reason, we do not collect or maintain information on the Platform from those we actually know are under the age of thirteen (13), nor is any part of the Platform targeted to attract anyone under the age of thirteen (13). Should we discover that a person under the age of thirteen (13) has provided us with personally identifiable information, we will delete that individual’s personally identifiable information from our records.
Government required anti-terrorism and anti-money laundering laws require all financial institutions to obtain, verify, and record information that identifies each person creating a trust without exception. As such, your personal information may be used to verify your identity and/or the identity of the beneficiary(ies) in accordance with our Customer Identification Program, and some or all of that information may be shared with third parties, to the extent necessary o perform such tasks, and may be reported to government agencies to fulfill required government reporting.
When you open a trust account, you are required to provide at a minimum the following information:
1. Name
2. Date of birth
3. Address
4. Identifications number
We may not be able to open an account or carry out transactions for you. If we have already opened a trust account for you, we may close it.
We take reasonable steps to maintain the security of personally identifiable information that we collect, including limiting the number of people who have physical access to our database servers, as well as installing electronic security systems that guard against unauthorized access and employing data encryption. However, no data transmission over the internet can be guaranteed to be completely secure. Accordingly, we cannot ensure or warrant the security of any information that you transmit to us, so you do so at your own risk.
We provide users with the highest standards of security and protection. From the moment you access the Portal, all communication between our servers and your computer is encrypted using the “gold standard” encryption technique AES-256 (256-bit AES) Secure Socket Layer encryption (“AES”).
AES is the certified Federal Information Processing Standard and there are currently no known direct attack hacks available against AES.
We enforce password strength policies and only allow for verified secure retrieval of your user account details should you not remember your password. Once you’ve signed into the system and are running our application under AES, all the data you enter is stored on a SQL Server running NT Authentication policies. This means that only authenticated registered users can access the data.
This Platform is operated within the United States of America, its territories, and districts. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States and be subject to the laws of the United States. By using the Platform, you consent to this transfer.
The Platform may contain links to third-party sites. Please be aware that we are not responsible for the privacy practices of any third-party sites. Therefore, we encourage users to read the privacy policy of each and every website that collects personally identifiable information. This Privacy Policy applies solely to information collected by the Platform.
EPTC or you may need to electronically transmit confidential information to each other and to other entities engaged by either party. E-mail is a fast and convenient way to communicate. However, e-mail is not necessarily a secure means of communication and thus confidentiality could be compromised. You agree to the use of e-mail and other electronic methods to transmit and receive information, including confidential information, between EPTC and you and between EPTC and third-party service providers or other entities engaged by either EPTC or you, and further acknowledge and agree that the foregoing is commercially reasonable and has been fully disclosed.
Except to the degree such information regarding a client, trust or account is in the public domain, EPTC shall not divulge or indicate directly or indirectly any information regarding its clients or any other information which would confirm or deny the existence of a trust or account to a third party, including but not limited to a court for any matter unrelated to a client, trust or account, without the associated client’s express written authorization.
Notwithstanding the foregoing, under these terms, EPTC may, without additional authorization by the client, divulge, to the extent necessary, such information necessary related to (i) preparation and filing of tax reporting and payments; (ii) any federal or state executive branch government agency conducting an investigation or examination pursuant to the government agencies direct regulatory authority or oversight of EPTC or the client, trust or account; (iii) privileged communications with EPTC’s attorneys and auditors; (iv) Government required information programs; (v) the fulfilment of obligations under the Bank Secrecy Act and the Patriot Act and related rules and regulations; (vi) in defense of EPTC, but only to the extent such information is directly related to the specific client/account to which the underlying matter is related; (vii) providing information to another financial institution or party to facilitate the payment or receipt of funds; or (viii) persons authorized as the legal agent of a client, trust or account.
Internally, the disclosure of confidential client information shall be limited to only employees and related affiliates or third parties involved in the account’s service.
Notwithstanding the preceding, EPTC may, without additional written authorization, disclose client information to the extent necessary to (i) enable affected persons or appropriate authorities to prevent the client from committing a crime or fraud; or (ii) report to governmental authorities and affected persons a crime or fraud.
You acknowledge and confirm that your use of the Platform is only as a server-side terminal instance via a browser and the associated code is executed on the hosting server. By accessing and using the Platform’s server, you agree to the stipulated facts as follows:
Pursuant to the foregoing, you acknowledge and agree that, by accessing and using servers located in the Commonwealth of Virginia, you have purposefully availed yourself of Virginia, and you further acknowledge and agree that your access and use occurred in the Commonwealth of Virginia and not in the jurisdiction in which you and/or your browser were operating at the time of your access or use.
The location of the servers in which the Platform is located and operates is the Commonwealth of Virginia, and your point of use is on the servers within the Commonwealth of Virginia. Accordingly, all issues and questions concerning the construction, validity, enforcement, and interpretation of this Privacy Policy shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without giving effect to any choice of law or conflict of law rules or provisions (whether of the Commonwealth of Virginia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the Commonwealth of Virginia. You irrevocably agree that the Circuit Court of Fauquier County, located in Warrenton, Virginia, shall hear and determine any suit, action, or proceeding and settle any dispute that may arise out of or in connection with the Platform and this Privacy Policy, and for such purposes, you irrevocably submit to the exclusive jurisdiction of such court. You irrevocably waive all objections and irrevocably consent to the exclusive jurisdiction of the Circuit Court of Fauquier County, Virginia, as the court of jurisdiction for all matters arising form the Platform or this Privacy Policy.
Further, you waive any rights to remove any action or proceeding to any federal court of the United States, and hereby waive any right you may have to transfer or change the venue of any litigation brought against you, whether such action or proceeding arises directly, indirectly, or otherwise in connection with, out of, related to, or from the Platform or this Privacy Policy.
For the purpose of clarity and without limiting the preceding, in the event you are a party to an executed trust agreement or escrow account for which we serve as Trustee, Trust Administrator, or Escrow Agent, as the case may be, any dispute related thereto shall be resolved per the terms therein.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS PRIVACY POLICY OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR WAS REPORTED VIA THE PLATFORM OR WAS OTHERWISE REPORTED OR KNOWABLE, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL EPTC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE PLATFORM, ANY WEBSITES LINKED THERETO, AND ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHETHER CAUSE BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. NOTWITHSTANDING THE FOREGOING, OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS PRIVACY POLICY OR TO YOUR USE OF THE PLATFORM (INCLUDING WITHOUT LIMITATION ANY WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU (OR YOUR AGENT/ATTORNEY AS THE CASE MAY BE) TO EPTC DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE FIRST EVENT GIVING RISE TO THE ALLEGED LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT.
FURTHER, YOU AGREE THAT IN ANY JUDICIAL, NEGOTIATION, MEDIATION, OR ARBITRATION PROCEEDING, OR ANY CLAIM OR CONTROVERSY BETWEEN OR AMONG YOU AND US OR OUR AFFILIATES, THAT MAY ARISE OUR OF OR BE IN ANY WAY CONNECTED WITH THIS PRIVACY POLICY OR YOUR USE OF THE PLATFORM OR OTHER ASSOCIATED OR LINKED WEBSITES, YOU SHALL NOT HAVE THE REMEDY OF, AND EPTC SHALL NOT BE LIABLE FOR, INCIDENTAL, SPECIAL, INDIRECT, COVER, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSS OF REVENUE, PROFIT, SAVINGS OR BUSINESS, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOOD WILL, OR LOSS OF DATA. YOU HEREBY EXPRESSLY WAIVE ANY RIGHT OR CLAIM TO INCIDENTAL, SPECIAL, INDIRECT, COVER, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOSS OF REVENUE, PROFIT, SAVINGS, OR BUSINESS, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOOD WILL, LOSS OF DATA, OR ANY OTHER DAMAGES YOU MAY HAVE OR WHICH MAY ARISE IN THE FUTURE IN CONNECTION WITH ANY SUCH PROCEEDING, CLAIM, OR CONTROVERSY, WHETHER THE SAME IS RESOLVED BY ARBITRATION, MEDIATION, OR OTHERWISE.
ACCORDINGLY, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EPTC BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) USE OF THE PLATFORM, DOCUMENTATION OR SERVICES; (II) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (III) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, DOCUMENTATION, OR RELATED SERVICES; (IV) ANY UNAUTHORIZED COMMUNICATION TO EPTC, ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM, DOCUMENTATION, OR SERVICES BY ANY THIRD PARTY; (VII) ANY LOSS ARISING FORM THE PLATFORM, DOCUMENTATION, OR RELATED SERVICES; (VIII)ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM, DOCUMENTATION, OR RELATED SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (IX) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS.
With each use of the platform, you (or in your role as an agent/attorney for any Beneficiary(ies)/Claimant(s)) agree to and affirm the following Negotiation, Mediation, and Arbitration provisions. You also agree that the Negotiation, Mediation, and Arbitration process applies to all past, current, and future actions or claims. Further, you consent to the following Negotiation, Mediation, and Arbitration process for any matter for which litigation has not been appropriately filed with the office of the Clerk of Court for the applicable Court of competent jurisdiction of Fauquier County, Virginia, before your first use date following the publication of this provision of this Privacy Policy.
Any and all disputes arising out of, or relating to, this Privacy Policy, including any alleged breach or any other theory of recovery or claim, at law, in equity, or by statute, which you now have or which may hereafter accrue or otherwise be acquired or asserted on account of, or may in any way grow out of, this Privacy Policy or any alleged breach thereof shall be resolved with the following procedures:
You understand that, absent the alternative dispute resolution provisions of this Privacy Policy, you would have the right to sue in court and have a jury trial. You further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
You further agree that any dispute resolution shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that the alternative dispute resolution process can proceed on a class basis, then the alternative dispute resolution process set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to the alternative dispute resolution provision.
As used herein, “Good Faith” refers to an action or decision (or lack thereof) that meets any one or more of the following criteria:
Any action or inaction not made in Good Faith by one person or entity shall not be attributed to any other person or entity.
BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT ALL PROVISIONS OF THIS PRIVACY POLICY, INCLUDING BUT NOT LIMITED TO THE LIMITATION OF LIABILITY, INDEMNIFICATION, CHOICE OF LAW, JURISDICTION, NEGOTIATION, MEDIATION, ARBITRATION PROVISIONS, AND ANY OTHER PROVISIONS AND AGREEMENTS INCORPORATED HEREIN BY REFERENCE ARE MATERIAL TERMS AND THAT ABSENT SAID PROVISIONS, EPTC WOULD NOT AUTHORIZE ANY ACCESS TO, OR USE OF, THE PLATFORM OR ANY SERVICES ASSOCIATED THEREWITH. ADDITIONALLY, BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT ALL PROVISIONS HEREIN ARE COMMERCIALLY REASONABLE, FULLY DISCLOSED, AND CONSISTENT WITH THE PURPOSES OF THE PLATFORM AND THIS PRIVACY POLICY. ACCORDINGLY, AND PURSUANT TO THE FOREGOING, BY ACCESSING OR USING THE PLATFORM, YOU WAIVE ANY AND ALL OBJECTIONS TO THE PRECEDING AND AGREE TO BE BARRED FORM ANY AND ALL ACTIONS DISPUTING THE APPLICABILITY, ENFORCEABILITY, OR EFFECT OF THE PROVISIONS OF THIS PRIVACY POLICY.
You recognize that this Privacy Policy is a legally binding contract and acknowledge that you had the opportunity to review its contents and consult with legal counsel of choice before creating a user account and using the Platform. You acknowledge and agree that in any construction of the terms of this Privacy Policy, the same shall not be construed against any party on the basis of that party being the drafter of such terms. Accordingly, any rule of law or any legal decision that would require interpretation of any claimed ambiguities in this Privacy Policy against the drafting party has no application and is expressly waived.
Any clause, provision, or section of this Privacy Policy, or any amendment hereto, shall be void if it violates federal law or the laws of the applicable state of jurisdiction. If, pursuant to the terms herein, a mediator, arbitrator, or court of competent jurisdiction rules that any clause, provision, or section of this Privacy Policy, or any amendment hereto, is illegal or invalid, then such clause, provision, section, power, or obligation shall be deemed to be written only to the extent permitted by law. The provisions of this Privacy Policy shall survive any termination of your use of the Platform, related services, or information we supply.
Any waiver of any provision contained in this Privacy Policy shall not be deemed to be a waiver of any other right, term, or provision of this Privacy Policy. If any provision in this Privacy Policy is determined to be wholly or partially invalid, illegal, or unenforceable, such provision shall be enforced to the extent it is legal and valid, and the validity, legality, and enforceability of the remaining provisions shall in no way be affected or impaired thereby.
