- The Electronic Signatures in Global and National Commerce (“E-Sign”) Act is a federal law that authorizes the use of electronic records and electronic signatures in certain circumstances when specific conditions are met. Affiliates should also consult their applicable state laws. Most (but not all) states have adopted the Uniform Electronic Transactions Act (“UETA”), which has similar requirements to the federal E-Sign Act.
- This form is intended to comply with the disclosure requirements of the E-Sign Act, 15 U.S.C. § 7001(c)(1). Before sending applications and other legally required disclosures electronically (e.g., Adverse Action Notices), Affiliates must provide notice and receive consent as indicated below.
- Affiliates MUST also comply with ALL other provisions of the E-SIGN Act, such as (i) verifying electronic delivery, (ii) record retention, and (iii) data security. See 15 U.S.C. §§ 7001 et seq. See also American Bankers Association training: HFHI Privacy for Customer Contact Personnel and Guidance Memorandum: Mortgage Rules and Regulations
- THE DATA SECURITY PROVISIONS OF THE E-SIGN ACT INCLUDE A REQUIREMENT THAT ANY COMMUNICATIONS CONTAINING PERSONALLY IDENTIFIABLE INFORMATION (PII) MUST BE SENT IN AN ENCRYPTED MANNER. ADDITIONALLY, ALL DOCUMENTS CONTAINING PII MUST BE SECURELY STORED AND SAFEGUARDED.
We are pleased to offer you the opportunity to receive information about your account electronically. If you would like to receive correspondence and notices from us electronically, instead of paper copies through the mail, please review this notice and provide your consent.
1. Scope of Communications to Be Provided in Electronic Form. When you use a product or service to which this disclosure applies, you agree that we may provide you with any communications in electronic format, and that we may discontinue sending paper communications to you, unless and until you withdraw your consent as described below. Your consent to receive electronic communications and transactions includes, but is not limited to:
- All legal and regulatory disclosures and communications associated with the product or service available through Habitat for Humanity of Lafayette.
- Notices or disclosures about a change in the terms of your account or associated payment feature and responses to claims.
- Privacy policies and notices.
2. Method of Providing Communications to You in Electronic Form. All communications that we provide to you in electronic form will be provided either (1) via e-mail, (2) by access to a web site that we will designate in an e-mail notice we send to you at the time the information is available, or (3) to the extent permissible by law, by access to a web site that we will generally designate in advance for such purpose.
3. How to Withdraw Consent. You may withdraw your consent to receive communications in electronic form by contacting us at info@lafayettehabitat.org or 920 N. 14th St, Lafayette, IN, 47904. At our option, we may treat your provision of an invalid email address, or the subsequent malfunction of a previously valid email address, as a withdrawal of your consent to receive electronic communications. We will not impose any fee to process the withdrawal of your consent to receive electronic communications. Any withdrawal of your consent to receive electronic communications will be effective only after we have a reasonable period of time to process your withdrawal.
4. How to Update Your Records. It is your responsibility to provide us with true, accurate and complete e-mail address, contact, and other information related to this E-Sign Act disclosure and your account, and to maintain and update promptly any changes in this information. You can update information (such as your e-mail address) by contacting us at info@lafayettehabitat.org or 920 N. 14th St, Lafayette, IN, 47904.
5. Hardware and Software Requirements. In order to access, view, and retain electronic communications that we make available to you, you must have a smartphone or access to a device such as a PC, either public or private. Examples of software are listed below.
- an Internet browser that supports 128 bit encryption;
- sufficient electronic storage capacity on your computer's hard drive or other data storage unit;
- an e-mail account with an Internet service provider and e-mail software in order to participate in our electronic communications programs;
- a personal computer (for PC's: Pentium 120 MHz or higher; for Macintosh, Power Mac 9500, Power PC 604 processor 120-MHz Base or higher), operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing communications received from us in electronic form via a plain text-formatted e-mail or by access to our web site using one of the browsers specified above;
- Adobe Reader version 8.0 or higher.
6. Requesting Paper Copies. We will not send you a paper copy of any communication, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic communication to you. To request a paper copy, contact us at info@lafayettehabitat.org or 920 N. 14th St, Lafayette, IN, 47904. We may charge you a reasonable service charge for the delivery of paper copies of any communication provided to you electronically pursuant to this authorization. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any communication that you have authorized us to provide electronically.
7. Communications in Writing. All communications in either electronic or paper format from us to you will be considered "in writing." You should print or download for your records a copy of this disclosure and any other communication that is important to you.
8. Federal Law. You acknowledge and agree that your consent to electronic communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
9. Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which we provide electronic communications. We will provide you with notice of any such termination or change as required by law.
10. Consent. By checking the Consent blox below, you agree that you have read, understand, and agree to the E-Sign Act and Indiana Electronic Transactions Act (I.C. 26-2-8, et seq.). You hereby give your affirmative consent to provide electronic communications to you as described herein. You further agree that your computer satisfies the hardware and software requirements specified above and that you have provided us with a current e-mail address at which we may send electronic communications to you.