Version: November 2020
Brightside Mobile Terms and Conditions (“Agreement”)
The terms and conditions set out in this Agreement, as amended from time to time, apply to your use and access of online and mobile services provided by ATB Financial under the name “Brightside” or “Brightside by ATB” (the “Services”). This Agreement is between you and ATB Financial (hereinafter referred to as “ATB Financial” or “Brightside” and replaces any and all prior agreements between you and ATB Financial for the Services.
- Headings used in this Agreement are for convenience only and do not affect its interpretation. References to singular nouns include the plural and vice versa.
- “Brightside Bucket” or Bucket” means your existing Brightside account and any Brightside account you open with us in the future.
- If there is any conflict between the terms and conditions in this Agreement and the terms and conditions of any other agreement you may have with Brightside in relation to a Brightside product or service other than the Services (such other agreements collectively, the “Other Agreements”), then unless otherwise indicated in this Agreement the terms and conditions of the Other Agreements shall apply to the extent of the inconsistency. This Agreement does not replace any of the Other Agreements.
B. Services - General
- To access the App and the Services, you must use your Credentials. You may also be required to authenticate yourself through additional means.
- You agree that Brightside may accept and act upon any instructions provided to us through the App when your Credentials have been used to access the App, whether or not it is you who accessed the Services. You agree that electronic display pages accessed by entering your Credentials constitute written documents and that clicking or otherwise electronically activating "OK", "submit", "continue", "approve", or similar areas of such pages according to on-screen instructions or otherwise submitting instructions electronically shall have the same legal effect as if you had signed by hand and delivered hard copy versions of such pages to Brightside with intent to be legally bound by their contents. You agree that once such instructions are clicked or submitted, Brightside shall have no obligation to reverse them.
- You agree that the Services will not be used for illegal or fraudulent purposes or for purposes which could affect the security or integrity of the Services or Brightside systems, hardware or software.
- Brightside reserves the right to deny access to a Bucket or some or all of the Services, or deny access to the App all together, under certain circumstances, including:
- if any of your assets are attached or assigned by a legal order;
- if in the judgment of Brightside any activity on any of your Buckets or the use of the Services is for illegal or fraudulent purposes;
- if in the judgment of Brightside access to your Buckets is being performed fraudulently or without your consent;
- if you are in arrears in any obligation to Brightside including loan payments, service charges, etc.; or
- if access to the App or the Services is being used to attempt to obtain unauthorized access to Brightside systems, hardware or software.
- If you request reinstatement of access to a Bucket, any Service or the App, Brightside may require that you take certain steps, such as updating security software on your Device before it may permit access.
- Brightside may, in its discretion and without prior notice, refuse a request for authorization of any transaction and may notify third parties of such refusal as it deems necessary. In exercising such discretion, Brightside may take into account in calculating the funds available, any funds which Brightside may decide have been credited or debited to the Bucket. Brightside may refuse to honour any payment and/or funds transfer request if there are insufficient funds in your Bucket or Brightside may create or increase an overdraft to your Bucket according to the applicable Other Agreements.
- You agree to pay the fees that may be applicable to your use of the Services. You agree that, if applicable, we may deduct the fees from any Bucket you have with us at the same time as they are incurred.
- If you apply for or purchase a product from us that has credit features, you agree that Brightside may share your Personal Information and credit information with credit-reporting agencies and may also obtain credit reports and other information about you from such agencies. Brightside will collect, use and disclose your Personal Information in accordance with Section – Privacy below.
C. Electronic Communication Disclosure
This Electronic Communications Disclosure (“Disclosure”) applies to all communications for those products and services offered or accessible through HiBrightside.ca that are not otherwise governed by the terms and conditions of an electronic disclosure and consent. This Disclosure supplements and is to be construed in accordance with the terms contained in the Brightside Account Agreement (“Bucket Agreement”) made available when you obtained the Brightside Bucket.
In this Disclosure, “We”, “us”, “our”, means Brightside.. “You” and “your” mean the person or persons identified on the Brightside Bucket. “Communication” means any customer agreements or amendments thereto, disclosures, notices, responses to claims, transaction histories, privacy policies and all other information in connection with the Brightside Bucket or related products and service, including but not limited to information that we are required by law to provide you in writing.
Brightside Buckets are intended for use only by individuals who are willing and able to receive notices and communications exclusively through electronic means. If you do not agree to the legally-required notices and communications described herein in electronic and not paper form, then you may not open a Brightside Bucket. Similarly, if after providing your consent hereunder, you withdraw such consent, we reserve the right to terminate your Brightside Bucket and your participation in the program.
- 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, to the extent allowed by law, and that we will not send paper Communications to you. Your consent to receive electronic communications and transactions includes, but is not limited to:
1. All legal and regulatory disclosures and communications associated with your Brightside Bucket and any related products or services;
2. Your Brightside Bucket Agreement and any notices about a change in terms to these agreements;
3. Privacy policies and notices;
4. Responses to claims filed in connection with your Brightside Bucket;
5. Notices regarding insufficient funds or negative balances; and
6. All other communications between us and you concerning your Brightside Bucket and any related transactions, products or services.
- 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 or (2) electronic text message or (3) by access to a web site that is designated in an email notice sent to you at the time the information is available.
- How to Withdraw Consent:
You may withdraw your consent to receive Communications in electronic form by contacting us at HiBrightside.ca. If you withdraw your consent, Brightside will be unable to communicate with you through electronic means and as such, we will need to close your Brightside Bucket. Upon closing your bucket, we will mail you a refund check for any amount remaining balance(s) in your Brightside Bucket in accordance with the terms of your Bucket Agreement. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.
- How to Update Your Records:
It is your responsibility to provide us with a true, accurate and complete email address, contact, and other information related to this Disclosure and your Brightside Bucket, and to maintain and update promptly any changes in this information. You can update information (such as your email address) through Hibrightside.ca. We are not responsible for any delay or failure in your receipt of the communications if we send the Communications to the last email address you have provided to us.
- Requesting Paper Copies:
We will not send you a paper copy of any Communication, however, 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. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy. To request a paper copy, contact us at HiBrightside.ca. 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.
- Communications in Writing:
All Communications in electronic 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.
- 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 federal Electronic Signatures in Global and National Commerce Act (the “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.
We reserve the right, at 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.
By checking “I agree”, you are providing your electronic signature and you 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 email address at which we may send electronic Communications to you.
D. Funds Transfer Service
- If you use our funds transfer service, you may, if Brightside permits, make a funds transfer to another bucket at Brightside or to another Canadian financial institution. Upon your verification of the details of the transfer, as required by Brightside, Brightside will immediately withdraw the funds from the Bucket you designate. We will send the funds for transfer by the end of that business day if the instructions are received by us during the business day, or by the end of the next business day if we receive the instructions outside of business hours. You agree that we are not responsible for any loss or costs you may suffer as a result of any errors in the bucket or other transfer details that you provide us. You acknowledge that we cannot control when another financial institution will credit the bucket of the person to be receiving the funds. You acknowledge that Brightside cannot cancel any transfer of funds once the transfer has been sent. If the bucket details that you provide us are invalid, then the transfer amount will be returned and deposited into your Bucket or any other bucket you have with us.
E. Interac e-Transfer®
- Terms and conditions in this section E apply only to the Interac e-Transfer Service and are in addition to all other terms and conditions in this Agreement. If there is a conflict between this section E and the remaining terms of this Agreement, this section E will prevail.
- If you use the Interac e-Transfer Service, you are responsible for: 1) providing a correct and operational email address for the intended Recipient; 2) ensuring that the Recipient has consented to your providing and are using the contact information of the Recipient for the purposes of sending funds via Interac e-Transfer to the Recipient.
- When you initiate an Interac e-Transfer Transaction as a Sender: 1) We will withdraw the applicable amount from your Account and send an email notice to the Recipient at the email address that you designate. The email notice will indicate: a) that you are the Sender and disclose your email address; b) the Interac e-Transfer amount; c) the name of the Recipient; and d) that you are using the Interac e-Transfer Service. 2) You may be required to provide an Interac e-Transfer Question to authenticate the Recipient, who must correctly answer the Interac e-Transfer Question in order to claim the funds via Interac e-Transfer. You agree to create an effective Interac e-Transfer Question that is known only to you and the Recipient, and not to use email, text messages or the optional message field that may accompany the Interac e-Transfer Transaction to send the Recipient the answer to the Interac e-Transfer Question.
- Where an Interac e-Transfer Question is used to authenticate the Recipient, the amount withdrawn for the Interac e-Transfer Transaction will be held until we receive notification that: 1) the Recipient has correctly answered the Interac e-Transfer Question; 2) you cancel and reclaim the Interac e-Transfer funds; or 3) the Interac e-Transfer Transaction expires.
- The Recipient of the funds via Interac e-Transfer may claim or decline the Interac e-Transfer Transaction through Brightside Online, the online banking service of another Canadian financial institution, or through Interac Corp. (“Interac”) payment service. There may be a fee charged by the other financial institution or by Interac.
- In order to claim or decline the funds via Interac e-Transfer, the Recipient must correctly answer the Interac e-Transfer Question posed to them. The Recipient will have 30 days to claim or decline the Interac e-Transfer Transaction or such other time period as designated by the other Financial institution or Interac, after which the Interac e-Transfer Transaction will expire. The Sender may cancel an Interac e-Transfer Transaction up to the time the Interac e-Transfer Transaction is claimed. The Recipient may not claim the funds via Interac e-Transfer once the Sender cancels the Interac e-Transfer Transaction, even if they have already received the email notification.
- If the Interac e-Transfer Transaction you sent is outstanding, declined, or has expired, then Interac sends a notification to the Sender that an e-Transfer amount has been returned to the Sender who then finds and cancels the transaction. The transaction is then deposited into your Account or any other account you have with us. If the Interac e-Transfer Transaction is claimed by the Recipient through Interac but insufficient information is provided by the Recipient to Interac in order to pay the amount to the Recipient, then Interac may forward the amount to us by cheque. We will return the Interac e-Transfer amount to your Account (or any other account you have with us) less any fee that Interac may charge us.
- You agree that Brightside and any other Participating Financial Institution and Interac, may accept and act upon any instructions provided through Interac e-Transfer, whether or not such individual is the intended Recipient.
- Access limits, including the amount of money that may be sent or received via Interac e-Transfer may be set by us or by a third party.
- If you initiate an Interac e-Transfer Transaction or respond to a Request for Money, and the funds do not reach the intended Recipient, provided you did not participate in the Wrongful Activity, and the applicable conditions set out below are satisfied, you will be reimbursed the amount of the Interac e-Transfer Transaction or the Request Money, as applicable: 1) for Interac e-Transfer Transactions with an Interac e-Transfer Question: a) you did not use email, text messages or the optional message field that may accompany the Interac e-Transfer Question; and b) the intended Recipient treated the Interac e-Transfer Question and answer to the Interac e-Transfer Question in the strictest confidence and did not share, disclose, distribute, or otherwise make available or known to any other person or be obtainable by any other person the Interac e-Transfer Question and answer to the Interac e-Transfer Question; 2) for Interac e-Transfer Transactions through the Autodeposit Service: a) your email account has been compromised and your legal name or trade name is the same as or similar to the legal name or trade name used by the fraudster; 3) you have complied with the terms and conditions set out in this Section E; and 4) you fully cooperate with ATB in any investigation that ATB may commence.
- If you select to receive electronic alerts through the App (“Alerts”), we will send the selected Alerts via electronic mail to the email address selected by you or smartphone notifications to the mobile number provided by you. We may not confirm whether the email address is correct or whether you receive the Alerts. The Alerts may not be sent in real time and you should not rely upon the accuracy of any Alert without further verification. Since email is not secure, we cannot guarantee the privacy or security of the Alerts being sent. In addition to section Limitation of Liability, you agree that we are not liable if any of the Alerts that are sent are intercepted or accessed by someone else, or if the privacy or security of the information contained within any Alert is compromised.
G. Mobile Applications and Software License
- If you access the App:
- You understand that not all of the Services, functionality, content or information (including Messages, notices, legal and privacy terms and statements) may be available through the App and access may not be available outside of Canada; and
- There may be links to or icons to click to terms and conditions or other important information that you must read when clicking in or accessing the App. You agree to click on those links or icons, read the terms and conditions and information and you agree that by accessing and using the App that you are bound by those terms and conditions.
- If you download the App to access any services, functionality, features, content or information that we offer, then:
- Brightside grants to you a non-exclusive and non-transferable license to the App and solely for the purpose of accessing any services (including the Services), functionality, features, content and information that we offer from time to time;
- We reserve all of the rights in and to the App and you obtain no ownership rights whatsoever, other than this license to use the App;
- Brightside accepts no responsibility or liability whatsoever for your use of the App and will not be responsible for any damage that you may suffer from using or downloading the App whether under this Agreement or otherwise; and
- We may cancel the availability of and the license to the App at any time on notice. If we do that, then you will have no further access to functionality through the App and any documentation in relation to it that is in your possession.
- You are responsible for the care and safety of your Password and security questions, as applicable, (together, “Security Information”). You will keep the Security Information confidential and secure from all persons. If you download the App and/or select to use biometric identification to access the App, then you must not share your Device or allow someone else to access your Device with their biometric information as they may obtain access to some or all of your Bucket information and may also be able to conduct transactions on your Buckets.
- At your own risk, you may share your Username and Password with the provider of an Aggregation Service. If you do, you acknowledge that:
- we may prevent access to your Buckets by Aggregation Service providers who do not comply with our usage policies;
- we will not be responsible for any losses that may result from you sharing your Username and Password with the provider;
- you are responsible to ensure that you are satisfied with the security provided by the Aggregation Service provider and to determine your rights and responsibilities in respect of the provider and the Aggregation Service; and
- you will immediately change your Password if you terminate your use of any Aggregation Service. For the purposes of this Agreement, an “Aggregation Service” is an online service offered by a third party that obtains and consolidates information relating to your buckets with the provider of the service.
- You will notify Brightside immediately if your Password (except as indicated in section above) may have become known by someone else or have been disclosed to anyone, or if there has been suspicious, fraudulent or unusual activity on any of your Buckets.
- You agree to follow Brightside’s instructions upon notification as required in section above.
- The Device that you use may be vulnerable to viruses or online attacks that seek to intercept or alter information. To reduce the chance of this occurring, you should take all reasonable precautions, including ensuring that any such Device you use to access the App or any of the Services has up to date anti-virus software, anti-spyware software and a firewall, if available. In addition, you should also ensure that you log off of the App each time you finish using it, as soon as you are finished.
I. Limitation of Liability
- Brightside is not required to verify the identity of, or to confirm if any authority has been granted to, the user of the Credentials or any component of it. You are responsible for the use of any Credentials.
- Brightside will make every reasonable effort to ensure performance of the Services. Unless Brightside is negligent, Brightside is not liable for any loss, damages, cost, claims, expenses, harm or injury caused by:
- service malfunction or failure that affects the accuracy or timing of any functions; or
- system or Device error, failure, malfunction, unavailability or withdrawal, whether or not within or beyond its control, and Brightside shall in no case be liable (even if negligent) for any consequential, incidental, indirect, special, economic, punitive or exemplary loss or damages.
- There are no warranties or conditions, express or implied, with respect to the Services under this Agreement.
- Brightside is not responsible for acts or omissions of your Internet service providers.
J. Online Guarantee
- Brightside agrees to reimburse you for direct monetary losses to your Bucket resulting from the following:
- any unauthorized transaction that occurs after you notify Brightside and that is not conducted by you or by someone other than you who has authority to access any of the Buckets; or
- any unauthorized transaction where you can show that you have been the victim of fraud, theft or that you have been coerced or otherwise forced to enter into such transaction, provided that you fully cooperate with Brightside in any investigation that Brightside may commence (each an “Unauthorized Transaction”).
- However, Brightside will not be responsible for any transaction that is not an Unauthorized Transaction or for any transaction, even if an Unauthorized Transaction, where you do not comply with reasonable security precautions, including:
- voluntarily disclosing or otherwise contributing to the disclosure of your Username or Password, including with respect to an Aggregation Service;
- not complying with instructions (whether through a notice or otherwise) that Brightside may give you in relation to the security of your Bucket while accessing the Services, including selecting a Password similar to an obvious combination such as your birth date, Bucket number or telephone number;
- accessing the Services on a Device when you know or ought to know that the security of your Password may be compromised;
- sharing a Device with, or permitting the biometric information of someone else to access your Device, where that person is not a joint owner of your Bucket; or
- not using up to date anti-virus software, anti-spyware software and a firewall, if available for your Device.
K. Termination, Discontinuance and Amendments
- Access to the App will be terminated immediately upon the effective date of closure of the relevant Buckets with Brightside. Neither terminating nor discontinuance shall affect your liability or obligation under this Agreement.
- Brightside has the right to vary, discontinue or terminate elements of the Services at any time without notice to you. No post-dated bill payments, funds transfer or other services will be processed after the cancellation of any such Services.
- Brightside may amend the terms and conditions of this Agreement at any time by providing notice to you of such amendments. Notice of the amendments may be given either before or after the coming into effect of such amendments. Your use of the Services after the later of either the notice or the date the amendment comes into effect, constitutes your consent to such amendments.
L. No Waiver
- Brightside shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by Brightside. No delay or omission on the part of Brightside in exercising any right or remedy shall operate as a waiver of such right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
- Brightside may charge fees for access to the Services and for conducting various transactions. These fees are subject to change from time to time.
- Fees may be debited to any bucket you may have with us.
- Any notices to be sent to you pursuant to this Agreement, may be sent to you by Brightside through the app.
- You agree to review messages in a timely manner.
- Brightside’s records of transactions on your Buckets shall be final and binding on you, subject to obvious error, provided that you notify Brightside in a timely manner of such error.
- Brightside will collect, use and disclose your Personal Information in accordance with Brightside’s Collection, Use and Disclosure Statement (“Privacy Statement”), a copy of which you can obtain online at HiBrightside.ca. Details of Brightside’s commitment to protecting our customers’ privacy are set out in Brightside’s Privacy Statement, which is also available online at HiBrightside.ca.
- Personal Information (whether yours or Personal Information of another individual) that is obtained through or entered into the App, other apps, HiBrightside.ca or other platforms (collectively the “Platforms”), may be stored in the United States of America.
- Brightside may contract with or use the services of third parties or agents to collect, use, store or process Personal Information that is obtained through or entered into the Platforms. Some of these third parties or agents may be located outside of Alberta or Canada, and Personal Information may be transferred or processed outside of Alberta or Canada for these purposes.
Personal Information held with a third party or agent in another province or country is subject to the laws of that jurisdiction and thus may be collected, used, or disclosed without your knowledge or consent where required or permitted by law. Personal Information that we collect or disclose related to products and services offered through these other parties is managed carefully by contract and according to applicable privacy legislation and, where required, rules of regulatory authorities or self regulatory bodies.You may access Brightside’s Out of Canada Service Providers Statement at HiBrightside.ca under the heading Privacy and Security.
- We use third party web analytical tools to improve our products and services. When you use the Platforms, we may collect information about how you access the Platforms, including usage patterns and what content you downloaded. This information is measured for general statistics and does not reveal your individual identity.
- If you have questions about the collection, use or disclosure of your Personal Information, you may contact Brightside’s Privacy Officer by e-mail to: PrivacyOfficer@atb.com, or by mail at:
ATB Privacy Officer
#2100, 10020 – 100 Street
Edmonton, Alberta T5J 0N3
You may also contact Brightside at:
Toll Free: 1-855-698-4628
Q. Definitions and Miscellaneous
- In this Agreement, unless the context requires otherwise:
- for the purposes of an funds transfer, the person, including you, who initiates an funds transfer;
- “App” is any digital system (online, in-app or otherwise) that may be used by you to directly access the Services.
- “us”, “we” and “our” means Brightside
- “Credentials” means your Username and Password and may include biometric information where enabled for your Device.
- “Device” means a computer, laptop, mobile device, wearable device, tablet, watch or any other electronic device that supports access to the Services and that we allow you to use to access the Services.
- “Funds transfer” means an electronic funds transfer sent or received through the app.
- “including” means including but not limited to.
- “Messages” means the communication point that you may access when accessing the App where you and Brightside may securely communicate with each other.
- “Password” means the combination of letters and numbers that you select and that you use to access the App.
- “Personal Information” means any information which relates to an individual and allows Brightside to identify that individual.
- "Recipient" means for the purposes of an funds transfer, the person who is the intended recipient of a funds transfer;
- "Sender" means:
- “Username” means the username that you select in accordance with our guidelines. Your Username must be used together with your Password to access the Services.
- “You” and “your” means the person or entity enrolled with Brightside to access the App and the Services.
- "Wrongful Activity" means any use or attempted use of the services provided by Interac (Autodeposit Service, Interac e-transfer Service, and Request Money Service) that is fraudulent, unauthorized, made in bad faith or otherwise improper, whether for financial gain or otherwise.
- This Agreement shall be governed by and interpreted in accordance with the laws in force in the Province of Alberta and you agree to submit to the jurisdiction of the Courts of the Province of Alberta.
- This Agreement binds you, your successors and assigns, heirs, executors, administrators and legal representatives.
- This Agreement and all related documents have been drafted in the English language at the express request of the parties. Le present document ainsi que tous documents s’y rattachant ont été rédigés en langue anglaise à la demande expresse des parties.