LEGAL

Beginning September 29, 2023, the MX “Insights” feature will no longer be available.

You agree to enter into this Bank Link Services Agreement (“Agreement”) with LendingClub Bank, National Association, (“we,” “us,” or “LendingClub”), and agree that MX (“MX“) is a third-party beneficiary. You agree that this Agreement  governs our treatment of data collected under prior versions of the Agreement. 

Purpose. This Agreement sets forth the terms and conditions by which: (1) you’re agreeing to provide us access to your bank or other financial account(s) that can be accessed through the Account Credentials you provide and (2) Financial Information relating to or accessible from those account(s) can be accessed, transferred, stored and used. 

Definitions: 

Account Credentials. Information used to log in to your bank or other financial account(s). This information may include an email address, username, password, personal identification number (“PIN”), answers to security questions, or any other information that may be required to authenticate and/or access your account.  

Active Account. An arrangement by which a user is given continuous personalized access to services performed by or through LendingClub or its Affiliates, including deposit-related services,  banking services, investment services, and other services you obtained from LendingClub or through the LendingClub platform. 

Affiliates. Companies related by common ownership or control. They can be financial and nonfinancial companies.  

Financial Information. Information regarding your account balance, deposits, names and contact information associated with individuals on accounts or identified in transactions, income, employment, cash flow, transactions, debt obligations, and any other information (whether current or historical) accessible or capable of being inferred from your account(s) or the financial institution maintaining your account(s) by someone using your Account Credentials (whether collected in the future or previously collected by us).  

Terms. By  linking your account, you are agreeing to provide MX with your Account Credentials and are authorizing and instructing MX to,on your behalf, store the Account Credentials you provide and to use the Account Credentials in connection with any account(s) that may be accessed using your Account Credentials and that the financial institution that maintains the account(s) may provide. You authorize us to use the Account Credentials stored by MX to access such account(s) and obtain additional Financial Information at any time while you have an Active Account or anopen  LendingClub deposit account. MX will not provide your Account Credentials to us. By entering into this Agreement, you agree with all of its terms, including that we may collect, store and use your Financial Information as described in the “Data Uses” section below and in accordance with the LendingClub Privacy Policy (https://www.lendingclub.com/legal/privacy-policy), theLendingClub Privacy Notice, which may be updated from time to time. You are also agreeing to MXs privacy policy MX Technologies, Inc. Privacy Policy, which governs MX‘s storage and use of your Financial Information and Account Credentials, and your data protection rights with respect to data about you or your accounts and Financial Information collected and stored by MX. MX‘s privacy policy may also be updated from time to time.

Data Uses. By entering into this Agreement, you expressly permit us to use Financial Information we collect, as well as any Financial Information we previously collected through MX regardless of whether you have an open LendingClub deposit account or an Active Account and regardless of whether data is anonymized or not, for any lawful purpose, including but not limited, to:

1. verify your identity, verify the accuracy of information provided in a deposit account application, and verify the accuracy of information we obtained in connection with a deposit account origination;

2. perform credit underwriting for current and future products and services;

3. determine products and services provided by or through LendingClub (including
   products and services offered by unaffiliated third parties) that may be of interest to you, and make you aware of such products and services;

4. in connection with servicing any deposit account you receive through LendingClub, including collections activities;

5.  investigate and analyze fraud claims or actual or suspected fraud-related activity;

6.  improve our services, including, without limitation, through analysis for internal risk modeling and development of credit policies and models used for credit decision-making and credit risk management strategies in general or specific to your future applications and accounts;

7. aggregated and anonymized data gathering for internal and external reporting purposes; and

8. share Financial Information with third parties to perform any of the actions outlined above.

Warranty. WE MAKE NO WARRANTY THAT THE FINANCIAL INFORMATION RETRIEVED PURSUANT TO THIS AGREEMENT WILL RESULT IN BANK ACCOUNT VERIFICATION OR THAT IT WILL BE ACCURATE OR RELIABLE. PLEASE CONTACT YOUR BANK OR FINANCIAL INSTITUTION IF YOU BELIEVE ANY FINANCIAL INFORMATION ASSOCIATED WITH ACCOUNT(S) ACCESSIBLE THROUGH THE ACCOUNT CREDENTIALS YOU PROVIDE IS INCORRECT.

Interruption in Service. When using LendingClub personal banking finance tools, you may incur technical or other difficulties. Neither we nor our service provider are responsible for any technical or other difficulties or any resulting damages that you may incur. Any information displayed or provided as part of LendingClub personal banking finance tools is for informational purposes only, may not reflect your most recent transactions, and should not be relied on for transactional purposes. We and our service provider reserve the right to change, suspend or discontinue any orall of LendingClub personal banking finance tools at any time without prior notice.

Cancelation of Services by Member. Through your Online or Mobile Banking service, you have the option of removing some or all of your external accounts from sharing data through LendingClub’s MX Digital Money Management Services.

Individual External Account Cancelation of Service. If you wish to remove individual account(s) from sharing date throughLendingClub’s MX Digital Money Management Services, youcan do so by going into your LendingClub Online Banking profile, choosing “Settings”, hovering over the down arrow symbol (↓) beside the account that you wish to remove, choose ”Unlink” and then ’Click again to confirm unlink“. Once completed, the account will be removed from LendingClub’s MX Digital Money Management Service and future data will no longer be shared with LendingClub.

External Financial Institution Cancelation of Service. If you wish to fully remove data sharing of all of your external account through  LendingClub’s MX Digital Money Management Services, you can do so by going into your Online Banking profile, choosing “Insights”, choosing the bank that you wish to remove from the service,  go to the “Accounts” tab, then choose “Disconnect this institution”, click on the reason why you want to disconnect, then click “Disconnect.” Once completed, all of the accounts linked under this financial institution will be removed from LendingClub’s MX Digital Money Management Service and future data will no longer be shared with LendingClub.