Privacy Policy of Midwest Bank and Affiliates

Effective August 31st, 2008

At Midwest Bank, your personal privacy is extremely important to us. Preserving our customers' trust is one of the core values of our company and the broader banking community. Because of our interest in protecting your privacy, and in accordance with federal privacy regulations, the following privacy policy has been adopted by all of our banks and company affiliates. We have done this to continue our commitment to you to respect the trust you place in us, and the confidential nature of the information you provide through your financial relationship with us.

1. Recognizing Your Expectation of Privacy

You expect privacy and security and we recognize this fact. The sensitive information that you have entrusted to us must be protected by us and our affiliated banks and companies. We maintain procedures and high standards to prevent misuse of this information.

2. Collecting, Using and Retaining Information about You

We use the information you have provided only when we reasonably believe it helps us to provide and administer products, services and other opportunities to you. The information we collect and maintain about you is used only for specific business purposes. The information we collect and maintain about you comes primarily from you during the course of your doing business with Midwest Bank. We may collect “non-public personal information” about you from information we receive from you on applications or other loan and account forms, information about your transactions with our affiliates, others or us, and information we receive from third parties such as credit bureaus. Non-public personal information would include information regarding your account balance, payment history, overdraft history and use of Midwest or affiliate products and services. The information we use is to protect and administer your accounts, funds and records of transactions, so that we can comply with certain laws and regulations. We also use this information to design quality products and services that can fulfill your financial needs. In addition, we also may obtain and use information available from public and government records. Generally, information that is available from public government records or that is widely distributed or is readily available to the general public is not considered to be non-public personal information and therefore is not subject to the usual procedures that Midwest uses to protect your financial information.

Our website is not directed towards children under the age of 13 and we do not knowingly collect personal information from children under 13 years of age. On the outside chance that someone under 13 years of age would fill out a form to request information and we have knowledge of it, we would consider it a one time request and delete the information which is considered an exception to the Childrens Online Privacy Protection Act Rule (COPPA).

3. Maintaining Accurate Information

We have established procedures to assure the accuracy and current status of your financial information in accordance with commercial standards. Procedures are also in place to respond to you and correct inaccurate information in a timely manner, as required by federal or state laws. 

4. Limiting Employee Access to Information

We have established procedures, which limit employee access to your personal information, to those employees who have a business reason to know such information about you. Our employees are educated in the importance of confidentiality and customer privacy through our standard operating procedures, our employee handbook, and special training. We take appropriate disciplinary measures to enforce these privacy responsibilities.

5. Protecting Information with Security Procedures

We maintain security procedures and standards that are designed to limit and prevent unauthorized access to your confidential information. A key part of this process ensures that all information we have about you is accurate and up-to-date. If you ever discover inaccuracies in our data or if your personal information changes, we urge you to notify your nearest banking center immediately so that we can make the necessary changes.

6. Sharing Information within Midwest Bank

We are permitted under federal law to share non-public personal information and other information about our experience or transactions with you or your account (such as your account balance and your payment history with us) with companies related to us by common control or ownership (i.e., our “affiliates”). Our affiliates include other financial institutions, investment and insurance service providers. A list of our affiliates as of August 31st, 2008 is provided at the end of this policy. The sharing of non-public personal information within Midwest Bank allows us to provide you with complete and superior customer service. However, in accordance with the Fair Credit Reporting Act, we will not share externally gathered personal information about you or your account (such as information we receive from you in applications and information from credit reporting agencies and other third parties) with our affiliates, without your specific authorization.

7. Restricting Disclosure of Account Information to Outside Parties

We do not reveal specific information about your accounts or other personally identifiable data to parties outside our affiliated banks and companies for their independent use unless:
(1) you authorize or request it; (2) the information is necessary to help complete a transaction initiated by you; (3) the information is provided to a reputable credit bureau or similar reporting agency; (4) the information is provided to non-affiliated third party financial institutions that have agreed with Midwest to assist in cross marketing financial services or products or (5) the disclosure of information is required by law, such as in response to a subpoena or other legal demand. We do not provide account or personal information to outside companies for the purpose of independent telemarketing or direct mail marketing of any non-financial products or services of those companies. All vendors, service companies and other companies that have access to your confidential information, or with whom we share your personal information, are contractually obligated to comply with strict standards regarding security and confidentiality. The shared information can be used only for the sole purpose of providing the service we have requested the company to perform. 

8. Closed Accounts

If you decide to close your account(s) or become an inactive customer, we will continue to adhere to the privacy policies and practices described in this notice.

9. Disclosing Our Privacy Principles to You

We have prepared this Privacy Policy so that you can understand our commitment to your personal privacy and our use of the information you entrust to us.

10. Joint Marketing Agreements

As indicated above, we may also share information with other financial institutions with which we have a joint marketing agreement. In these situations, we may disclose non-public personal information that falls under the following categories:
(a) Account history
(b) Products utilized
(c) Account balance
(d) Maturity date or term

At this time the only category of non-affiliated third financial institutions that have entered into a contractual cross marketing agreement with Midwest are those that provide residential lending products and services.

 

How to request that your information not be shared

Information sharing with Our Affiliates

If you do not want us to share your credit information with our affiliates, please let us know by completing the opt-out reply form that is attached to this notice. We will be happy to comply with your request. Your request will not apply to your transactions or experience with us (such as account information, account usage, or payment history). If you have previously informed us of your preference, you do not need to do so again. An opt-out request by any party on a joint account will apply to all parties on the joint account.

Information sharing with Non-Affiliates

If you do not want us to share your non-public personal information with non-affiliates, unless we are
permitted by law to do so, please indicate your request on the opt-out reply form that is attached to this notice. We will be happy to comply with your request. Your request will not apply to your transactions or experience with us (such as account information, account usage, or payment history). If you have previously informed us of your preference, you do not need to do so again. An opt-out request by any party on a joint account will apply to all parties on the joint account.

What You Can Do to Protect Your Privacy

We want you to understand how all these practices preserve our bank's ability to serve you the way you expect and deserve. Being able to share customer information inside our company or with business partners means we can give you the best possible products and services at reasonable prices. It means convenience for you, the customer. You can choose the products and services you want and need with the knowledge they are backed by our excellent service and follow-through.

This information sharing also means we can track and attempt to stop fraudulent and criminal activity in a fast and effective manner. Managing your information responsibly is an important component in our ability to continue to provide you the best service possible. It keeps us aware of your current relationship as well as what products and services we can recommend that may assist you, as your financial needs change.

Sharing information within the bank or with trusted business partners helps us suggest the best services and products for your use, from safe deposit boxes and CDs to home equity and college loans or mortgages and mutual funds. We hope you will agree that this kind of information sharing is a “win-win” for consumers and for banks.

In addition, there is a lot you, as consumers, can do to help protect your information. Just as banks combine many safeguards to meet the challenge of the new information age, you can, too. Here are a few consumer tips for privacy protection, developed by the American Bankers Association.

• Do not give out your Social Security number or personal credit information over the phone.
• Shred receipts, bank statements and unused credit card offers.
• Keep track of your mail- notice if something like a statement or a check is missing, and do not mail bills from your own mailbox. Drop them in a post box or at the post office.
• Review your credit report annually, and report and correct mistakes. By law, you are entitled to one free copy of your credit report annually from each of the three major consumer reporting agencies. To obtain your free credit reports, visit http://www.annualcreditreport.com.
• Make sure you do business with reputable companies, especially on the Internet.
• Ensure that the padlock or key icon in your browser is active when submitting personal information or placing an order online.
• Do not open e-mail from unknown sources.
• Use virus detection software.
• Protect your PINS (personal identification numbers) and passwords. Change them often. Use letters along with numbers.
• Report any suspected fraud to us and to the fraud units of credit reporting agencies.
• Contact our personal bankers whenever you have a concern or question about the privacy of your personal financial information.

If you would like to reduce the amount of advertising you receive from companies outside the Midwest Bank family, you can write to the following agencies:

For advertising received by mail:

Mail Preference Service
P.O. Box 282
Carmel, NY 10512
Or
www.dmaconsumers.org

NOTE: Both options require a $1.00 payment, payable to the Direct Marketing Association by credit card, money order or check.

For advertising received via telephone:

Federal Trade Commission
Call: 1-888-382-1222
Or
www.donotcall.gov (No Cost) 

For pre-screened offers of credit or insurance:

Joint venture of Trans-Union, Equifax, Innovis, and Experian
Call: 1-888-5OptOut (1-888-567-8688)
Or
www.optoutprescreen.com (No Cost)

Please be sure to include complete information about each name, address and telephone number that you would like to have excluded from national advertising lists. If you have moved within the past year, you should also include your old address and phone number. The same is true for name changes and the addresses and phone number associated with each name.

Midwest Bank Companies

The following is a list of the Midwest Bank Subsidiary and Affilliated Companies as of August 31st, 2008. This policy applies to these subsidiaries.

• Midwest Bank and Trust Company (877) 823‑5664
• Midwest Financial and Investment Services, Inc. (708) 453-5180

These companies are all wholly owned direct or indirect subsidiaries of Midwest Banc Holdings, Inc.