Privacy & Security

Privacy

At Horizon your trust is the foundation of our relationship. Because of our interest in protecting your privacy, our combined companies have adopted the following privacy principles, continuing our commitment to you, our valued customer:

Recognition of Your Expectation of Privacy. We recognize that you expect privacy and security for your personal and financial affairs. We understand the need to safeguard our sensitive information about you that you have entrusted to us within our affiliated family of companies. We maintain standards and procedures designed to prevent misuse of this information.

Our Collection, Retention, and Use of Information about You. We collect, retain, and use information about you only where we reasonably believe that it will help administer our business or provide products, services, and other opportunities to you. We collect and retain information about you only for specific business purposes. We use information to protect and administer your records, accounts, and funds; to comply with certain laws and regulations; to help us design or improve our products and services; and to understand your financial needs so that we can provide you with quality products and superior service.

Limiting Employee Access to Information. Our employees access information about you only when needed to maintain your accounts or otherwise meet your needs.

Security Procedures to Protect Information. We maintain security standards and procedures to help prevent unauthorized access to confidential information about you.

Restrictions on Disclosing Information to Parties Outside Our Affiliated Companies. We do not reveal specific information about your accounts or other personally identifiable data to parties outside our affiliated companies for their independent use unless: (1) you request or authorize it; (2) the information is provided to help complete a transaction initiated by you; 3) the disclosure is required or allowed by law (e.g., subpoena, investigation of fraudulent activity, etc.).

Maintaining Your Privacy in Business Relationships with Parties Outside Our Affiliated Companies. Sometimes it is necessary to provide personally identifiable information about you to a party outside our affiliated companies, such as to a vendor or service company that we hire to provide support or services for one or more of our products (i.e., Credit Cards, ATM Cards, etc.). These vendors and service companies agree to safeguard our confidential information about you and your products and services with us and must abide by applicable law. You may visit our website to find out about products and services, marketing information, and career opportunities without providing any information about yourself. We do gather data regarding visits to our Website, including domain name, pages visited, length of user session, etc., to evaluate the usefulness of our site.

We use proven technology and established procedures for keeping your information secure. Whenever we ask for personal information on our Website or Internet banking we use Secure Socket Layer (SSL technology) to keep it confidential.

The bank may use a software "cookie" when accessing our PC banking product. No "cookie" will contain any information that would enable anyone to contact you via telephone, email, or U.S. Mail.(A "cookie" is a small piece of information which a Website stores in the web browser of your PC and can later retrieve. A "cookie" cannot be read by a web site other than the one that set the "cookie". You can set your web browser to inform you when "cookies" are set or to prevent "cookies" from being set.)

We do not knowingly solicit data from children, and we do not knowingly market to children. We recognize that protecting children's identities and privacy online is important and that the responsibility to do so rests with both the online industry and with parents.

We take appropriate steps to keep your account information accurate and up to date. If you ever notice that your information is not complete, accurate or current, please call us at (219) 873-2640 or toll-free at (888)873-2640 to let us know. We will correct the information as quickly as possible.

If you believe that we have not complied with our Information Practices, you may contact us at (219) 873-2640 or toll-free at (888) 873-2640. Please ask for the Compliance Officer. We will investigate and respond to your concern.

Security

This internet banking system uses industry-standard technology, including password-controlled entry, Secure Sockets Layer (SSL) protocol, date encryption, public-private key pair, firewalls, and filtering routers. Each security component acts as a layer of protection to safeguard sensitive date from unauthorized users.

Password-Controlled Access
First, this system requires customer identification through a private access code and password before you can get into the front-end of the system. You should keep this password and access code absolutely private.

Enhanced Authentication
The new security feature employs two-factor mutual authentication to protect the front door (i.e., log-in) of Horizon'sonline offerings. The new security feature allows account access only after two levels of security have been passed: entry of a valid pass code from a recognized computer or device that then must pass multiple layers of security forensics transparent to the end user. If there is any ambiguity, the system presents a challenge question that must be correctly answered before the user can access account information.

Protect Your Accounts. When someone tries to access an account from an unrecognized computer they must correctly answer challenge questions set-up by the authorized user. So even if the login ID and password have been stolen through spyware, a phony Web site, or even from a handwritten note, the thief would be required to answer a challenge question to get access to the account, preventing the thief from accessing personal account information.

Confirm the Web site's validity. Once the authorized user enters their login ID and click the submit button, they will see their secret image and phrase. If the image and phrase don't appear, the site may be a fraudulent site. This capability targets a fraud called spoofing, and will help ensure that they are not fooled by fake versions of our Web site.

Transmission Security: Encryption
Once you have logged on correctly, you will enter a secure environment in which you can conduct your transactions. The browser automatically secures the session using Secure Sockets Layer (SSL) protocol. With SSL, data that travels between the bank and customer is encrypted and can only be decrypted with what is called the public and private key pair.

Data that is encrypted with the public key can be decrypted only with the private key. Conversely, data encrypted with the private key can be decrypted only with the public key. This asymmetry is the property that makes public key cryptography so useful.

Information Privacy: Firewalls and Filtering Routers
Finally, once requests arrive at the bank, the server is protected by a series of firewalls and filtering routers which verify the source and destination of the requests traveling in information packets. The firewall is set up to reject any unauthorized traffic. This reemphasizes the importance of the password, which is the only legitimate entry into the program. This system firewall "opens holes only when necessary and closes them back down as soon as useful work is completed". The purpose of the router is to keep out traffic that does not emanate from one of the only two legitimate ends of a secured transaction: the customer or the bank.

Not withstanding our efforts to ensure that the Bank's online system is secure, you should be aware that the internet is inherently insecure and that all data transfers, including electronic mail, can potentially be monitored and ready by others.

The Internet Banking section is automatically secured/encrypted, but the rest of the Web site can be accessed as either secure or unsecure. To see at a glance if a session is secure:

Check the key icon at the lower-left corner of Netscape's screen. If it is intact and a blue line appears at the top of the screen, all messages are secure.
Check if there is an "s" after the "http" in the URL. The "s" after the "http" denotes that the page is secure.
If using Microsoft® Internet Explorer, and the image of a lock is displayed, the lock indicates the site is secure. If the icon appears as a picture of a broken key or a broken lock, encryption is not in use and the current session is not secure.

To ensure security, we recommend the following:
Never reveal your password**.

**Password refers to your telephone access (audio response system, not Bill Payment) password or the password that you selected when you signed up for Internet Banking. Your financial institution may use a different name. If you have questions about which number to use to access Internet Banking for the first time, contact your financial institution.

Internet Agreement and Disclosures

www.accesshorizon.com

Agreement -- This Agreement, which includes the Enrollment Form, is a contract, which establishes the rules, that cover your electronic access to your accounts at Horizon Bank, N.A. through AccessHorizon Online. By using or permitting any other person to use AccessHorizon Online, you accept all the terms and conditions of this Agreement. Please read it carefully.

The terms and conditions of the Customer/Bank Relationship Agreement, deposit agreements and disclosures for each of your Horizon accounts as well as your other agreements with Horizon such as loans continue to apply notwithstanding anything to the contrary in this Agreement.

This Agreement is also subject to applicable federal laws and the laws of the State of Indiana (except to the extent this Agreement can and does vary such rules or laws). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and Horizon's successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement, together with the Enrollment Form with fee disclosures, constitutes the entire agreement between you and Horizon with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.

Definitions - As used in this Agreement, the words "we," "our," "us" and "Horizon" mean Horizon Bank, N.A. and any agent, independent contractor, designee or assignee the Bank may, in its sole discretion, involve in the provision of online services. "You" and "your" refer to the accountholder authorized by Horizon to use AccessHorizon Online under this Agreement and anyone else authorized by that accountholder to exercise control over the accountholder's funds through AccessHorizon Online. "Account" or "accounts" means your accounts at Horizon. "Electronic funds transfers" means ATM withdrawals, preauthorized transactions, point-of-sale transactions, transfers to and from your Horizon accounts using AccessHorizon Online including bill payments. "AccessHorizon Online Services" means the services provided pursuant to this Agreement, including the Bill Payment Service. "Business days" means Monday through Friday. Holidays are not included.

Access - To use AccessHorizon Online, you must have at least one checking account at Horizon, access to Internet service, and an e-mail address. You are responsible for obtaining, installing, maintaining and operating all computer hardware, software and Internet access services necessary for performing online services. You will be responsible for paying any telephone company or utility charges and/or Internet access service fees incurred while using telephone lines and/or Internet access services to connect with online services provided by the Bank.

Once we have received your signed Enrollment Form, and verified your account information, we will send you by e-mail confirmation of our acceptance of your enrollment, along with your login ID and by postal mail your temporary password. AccessHorizon Online can be used to access only the Horizon accounts which you have designated for access by AccessHorizon Online in your Enrollment Form. You can add or delete any of your Horizon accounts from this Agreement by e-mailing AccessSupport@accesshorizon.com. Access to your accounts through AccessHorizon Online will be based upon the identification of users and authority levels specified by you in your Enrollment Form, provided that we shall have no responsibility or obligation whatsoever to monitor transactions through AccessHorizon Online to determine that they are made on behalf of the accountholder.

AccessHorizon Online Services - You can use AccessHorizon Online to check the balance of your Horizon accounts, view Horizon account histories, transfer funds between your Horizon accounts, order checks, make stop payment requests, change your address, and pay bills from your Horizon accounts in the amounts and on the dates you request if you have requested the Bill Payment Service on your Enrollment Form.

Hours of Access - You can use AccessHorizon Online seven days a week, twenty-four hours a day, although some or all services may not be available occasionally due to problems arising in connection with transmissions over the internet, emergency or scheduled system maintenance. We agree to post notice of any extended periods of non-availability on the AccessHorizon Online website. Internet customer service support is available Monday through Friday from 8:00 a.m. to 5:00 p.m.

Your Password - For security purposes, you are required to change your password upon your initial login to AccessHorizon Online. You determine what password you will use. The identity of your password is not communicated to us. You agree that we are authorized to act on any and all instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. Upon three unsuccessful attempts to use your password, your access to AccessHorizon Online will be revoked. You may call customer support at 219.873.2640 or toll free 1.888.873.2640 Monday through Friday from 8:00 a.m. to 5:00 p.m., to have your password reset.

We recommend that you create a password consisting of 7-10 characters which may utilize both upper and lower case alpha and numeric characters for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down.

Security - You understand the importance of your role in preventing misuse of your accounts through AccessHorizon Online and you agree to promptly examine your paper statement for each of your Horizon accounts as soon as you receive it. You agree that it is your sole responsibility to protect the confidentiality of your account and account number, and your personal identification information, such as your driver's license number and social security number. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account. Your password and login ID are intended to provide security against unauthorized entry and access to your accounts. Data transferred via AccessHorizon Online is encrypted in an effort to provide transmission security, and AccessHorizon Online utilizes identification technology to verify that the sender and receiver of AccessHorizon Online transmissions can be appropriately identified by each other. Notwithstanding our efforts to ensure that the AccessHorizon Online system is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing AccessHorizon Online, or e-mail transmitted to and from us, will not be monitored or read by others.

You acknowledge that the Internet lacks inherent security for commercial transactions. Horizon Bank, N.A. cannot and does not guarantee that downloads from this site will not contain a virus or other destructive device. Additionally, you provide, request and receive information via the Internet with the knowledge that such information can be intercepted and/or viewed by unknown third parties.

Fees and Charges - You agree to pay the fees and charges for your use of AccessHorizon Online Services as set forth in the current fee schedule as it may be amended from time to time on 30 days notice to you. You agree that all such fees and charges will be deducted from the Horizon checking account designated as the "Primary Checking Account" on your Enrollment Form. If you close your Primary Checking Account, you must contact us immediately to designate another account as your Primary Checking Account. You agree to pay any additional reasonable charges for services you request which are not covered by this Agreement. You are also responsible for telephone and Internet service fees you incur in connection with your use of AccessHorizon Online.

The Bank will not charge you a fee for using Internet Banking. However, if you have a personal checking or a business checking account and subscribe to the Bill Payment Service, you agree to pay the bank a service fee of $4.95 each month for using the Bill Payment Service, plus an additional transaction fee of $.35 per Bill Payment transaction over 10 per month for using the Bill Payment service. There is no additional charge to receive electronic bills from the Payees that you specify. You authorize the Bank to deduct the Bill Payment Service fee (and any transaction fees, if applicable), each month, from the personal or business checking account you designate. This fee is in addition to regular transaction fees that may be in effect for Horizon accounts. We may assess a fee for any bill payment request drawn against insufficient funds in your primary checking account. We will not be liable for failure to pay any bill payment request unless it is drawn against available funds credited to the primary checking at the opening of business on the day the bill payment is presented. If we pay a bill payment that overdraws your primary checking account, you agree to pay us the amount of the overdraft together with any fee and accrued interest immediately upon demand, whether or not you signed or requested the withdrawal or participated in the transaction creating the overdraft or received any benefit from the withdrawal creating the overdraft. Unless the collection of such cost is prohibited by law, you agree to pay all costs and expenses, including attorneys' fees, incurred by us in the collection of any overdraft. In addition, you will be responsible for paying any telephone company or utility charges and/or Internet access service fees incurred while using telephone lines and/or Internet access services to connect with AccessHorizon Online.

Posting of Transfers - Horizon will make reasonable effort to see that transfers initiated through AccessHorizon Online before 9:00 p.m. (Central Standard Time) on a business day are posted to your account the same day. Transfers completed after 9:00 p.m. (Central Standard Time) on a business day, Saturday, Sunday or banking holiday, will be posted on the next business day. AccessHorizon Online identifies transfers based upon the login ID of the user who made the electronic transfer. Accordingly, you understand and acknowledge that the View Postings screens in both the Transfer and Bill Payer menu options of AccessHorizon Online will not reflect transfers made by multiple users from the same account if different login IDs are used.


Overdrafts (Order of Payments, Transfers, and other Withdrawals) - If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then:

1. Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority;
2. Electronic fund transfers initiated through AccessHorizon Online which would result in an overdraft of your account may, at our discretion, be cancelled;
3. In the event the electronic fund transfers initiated through AccessHorizon Online which would result in an overdraft of your account are not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.
4. If we pay a bill payment that overdraws your account, you agree to pay us in the amount of the overdraft together with any fee and accrued interest immediately upon demand, whether or not you signed or requested the withdrawal or participated in the transaction creating the overdraft or received any benefit from the withdrawal creating the overdraft. You agree to pay all costs and expenses, including attorney fees, incurred by us in the collection of any overdraft.
   

Limits on Amounts and Frequency of AccessHorizon Online Transactions - The number of transfers from Horizon accounts and the amounts which may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.

AccessHorizon Online Bill Payment Service - You must designate the Horizon account from which the payments are to be made; the complete name of the payee, the account number, and the payee's remittance address, all exactly as shown on the billing statement or invoice; the amount of the payment; and the date you want the payment to be debited from your account. If the date you want the payment to be debited from your account is not a business day, your account will be debited the next business day before 3:00 p.m. (Central Standard Time). By using the AccessHorizon Online Bill Payment Service option, you agree that based upon instructions received under your password, we can charge your designated account by electronic transfer, "no signature required draft," or by debiting and remitting funds on your behalf. You also agree that your first AccessHorizon Online bill payment will be charged to your Primary Checking Account. We reserve the right to refuse to pay any payee designated by you. If we do so, we will notify you promptly.

Online bill payment is provided to you for your convenience. The actual payment of such bills is handled by an independent third party, Princeton eCom. Horizon Bank, N.A. cannot and will not guarantee, or have any responsibility whatsoever for the completion and accuracy of such transactions.

The following payments are prohibited through the Bill Payment Service:

1) Tax Payments and other governmental fees;
2) Court Ordered payments, alimony and child support payments;
3) Payments to Payees outside of the United States

Scheduling AccessHorizon Online Payments - If the payee is to be paid by paper check (as indicated on the Bill Payer list), you understand and agree that paper checks are mailed to the payee and the payee may not receive the payment until 5 to 8 business days after the date the payment is debited from your account. If the payee is to be paid electronically (as indicated on the Bill Payer list), you understand and agree that the payee may not receive the payment until 3-7 days after the date the payment is debited from your account. You understand and agree that we have no responsibility whatsoever for the timely delivery of mail or problems arising in connection with transmissions over the Internet, or the improper transmission or handling of payments by a third party such as the failure of the bill payment payee to properly post a payment to your account.

How to Cancel a Bill Payment - To cancel a bill payment that you have previously scheduled through AccessHorizon Online, you must cancel the payment online via AccessHorizon Online by following the onscreen instructions, or by calling the bank, before 3:00 p.m. (Central Standard Time) on the date the payment is scheduled to be debited from your account.

Stop-Payment Requests - Stopping the payment of a check is different from the cancellation of a bill payment. Once the bill payment has been debited from your account, you cannot cancel or stop a bill payment, which has been paid electronically. You may be able to stop an AccessHorizon Online bill payment paid by paper draft by contacting us by telephone before the paper draft has cleared. (You will have to contact us by telephone to determine if the paper draft has cleared.) If the paper draft has not cleared, we will immediately process your stop-payment request. We will notify you immediately if the paper draft has already cleared. To be effective, this type of stop-payment request must precisely identify the name of the payee, the payee-assigned account number, the amount and scheduled date of the payment, and the ID number from the Bill Payment View Posting Screen.

You may initiate stop-payment requests online via AccessHorizon Online only for paper checks you have written (non-electronically) on your Horizon accounts (not AccessHorizon Online bill payer paper drafts). Online stop-payment requests are processed no later than 3:00 p.m., Central Standard Time on the business day the stop-payment has been requested online. Stop payments received after 3:00 p.m. (Central Standard Time) will be processed the next business day. To be effective, this type of stop-payment request must precisely identify the name of the payee, the check number, the amount, and the date of the check.

If you make your stop-payment request online or by telephone, we may also require you to put your request in the form of a paper writing and deliver it to us within 14 days after you call. You will incur stop-payment charges as disclosed in the current fee schedule for the applicable account. Stop-payment charges for AccessHorizon Online bill payment paper drafts will be assessed in addition to the stop-payment charges for the applicable account.

Disclosure of Account Information and Transfers To Third Parties - We will not disclose information to third parties about your account or the transfers you make unless it is necessary in completing transfers, or in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, in order to comply government agencies or court orders, or if you give us permission. Also, refer to our Privacy Statement for further classification.

Periodic Statements - You will not receive a separate AccessHorizon Online statement. Transfers to and from your accounts using AccessHorizon Online will appear on the respective periodic paper statements for your Horizon accounts.

Change in Terms - We may change any term of this Agreement at any time. If the change would result in increased fees for any AccessHorizon Online service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will post any required notice of the change in terms on the AccessHorizon Online website or forward it to you by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the subject AccessHorizon Online Services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.

Disclaimer of Warranty and Limitation of Liability - We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the AccessHorizon Online Services provided to you under this Agreement. We do not and cannot warrant that AccessHorizon Online will operate without errors, or that any or all AccessHorizon Online Services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that Horizon, our officers, directors, employees, agents or affiliates are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to AccessHorizon Online, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of Horizon and its affiliates exceed the amounts paid by you for the services provided to you through AccessHorizon Online.

Your Right to Terminate - You may cancel your AccessHorizon Online Service at any time by providing us with written notice by postal mail or fax. Your access to AccessHorizon Online will be suspended within 3 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.

Our Right to Terminate - The Bank may terminate online services in whole or in part at any time without prior notice. The Bank reserves the right to limit or suspend your access to online services at any time without notice. Termination, limitation or suspension of online services shall not effect your liability or obligations under this Agreement.

Applicable Law and Jurisdiction; Interpretation and Modification - This agreement shall be governed by and construed and enforced in all cases by the substantive laws of the State of Indiana notwithstanding the fact that Indiana conflicts of law rules might otherwise require the substantive rules of law of another jurisdiction to apply. The parties hereby consent to the exclusive jurisdiction of any state court situated in LaPorte county, Indiana, or Federal court located in the northern district of Indiana, and waive any objection based on forum non conveniens with regard to any actions, claims disputes, or proceedings relating to this agreement or any transactions arising therefrom, or enforcement and/or interpretation of any of the foregoing. Nothing herein shall affect Horizon's rights to serve process in any manner permitted by law, or limits Horizon's right to bring proceedings against you in the competent courts of any other jurisdiction or jurisdictions.

Waiver of Jury Trial - The parties hereby jointly and severally waive any and all right to trial by jury in any action or proceeding relating to this agreement, the obligations thereunder, or any transaction arising therefrom or connection thereto. You represent to Horizon that this waiver knowingly, willingly, and voluntarily given.

Attorney Fees - Should any dispute arise between the Parties to this agreement concerning the rights and duties of either party in relation to this Agreement, Horizon shall be entitled to recover (in addition to any other relief that may be granted) a reasonable sum as and for its attorney fees in connection with such dispute.

Communications between Horizon and You - Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:

E-mail - You can contact us by e-mail at AccessSupport@accesshorizon.com (Please note that banking transactions through AccessHorizon Online are not made via e-mail.)

Telephone - You can contact us by telephone at (219) 877-0461 or toll free at 1-888-873-2640.

Fax - You can contact us by Fax at (219) 873-2626.

Postal Mail - You can write to us at:
Horizon Bank, N.A.
Attn: AccessHorizon Online
515 Franklin Street Michigan City, IN 46360

In Person - You may visit us in person at any one of our locations.

Consent to Electronic Delivery of Notices, Disclosures and Other Information - You agree that any disclosure, notice or other type of information communicated to you pursuant to the terms of this Agreement and any future disclosures, notices of information required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the Horizon Bank website or by e-mail. You agree to notify us immediately of any change in your e-mail address.

You have the right or option to have any disclosure, notice or other information provided to you on paper or in other non-electronic form upon request. No fee will be charged for such copy. You have the right to withdraw your consent to electronic delivery, upon notice to us. Notice must be received at least 30 days to prior to terminate electronic delivery for disclosures or other notices.