Online Privacy Policy

The following Online Privacy Policy (the “Policy”) is effective as of November 2, 2015 and describes our privacy practices and principles in a format that is easy to navigate, read and understand.  Throughout this Policy, Atlantic Capital Bank, NA is referred to as “Bank,” “we,” “us,” or “our” (including any other company controlled by us and our respective successors or assigns) and the person or entity using one or more of the Services (as defined below) is referred to as “you,” or “your”.  We and our affiliates understand your desire for privacy, and we recognize that you trust us with your personal and financial information.  Rest assured that we treat your personal information with the utmost care and respect.  If you have any questions or comments concerning this Policy or our privacy practices generally, we encourage you to contact our customer service department by one of the following means:

Call us at:
(855) 693-7422

Write us at:
Atlantic Capital Bank, NA
P.O. Box 550889
Atlanta, GA 30355

Email us at:
compliance@atlcapbank.com

In the event you notice suspicious activity on your account or believe your personal ID, password or PIN has been compromised, please contact us immediately. Suspicious emails may be forwarded to fraudalert@atlcapbank.com or you can call us at (855) 693-7422.

Online Privacy Policy
This Policy describes the treatment of information provided or collected through any of our online interfaces to which a copy of the Policy is posted, including www.atlanticcapitalbank.com (the "Website"), Applications we have placed on third party sites such as Facebook®, Twitter® or any other social media services, and our mobile applications (the "Applications", and together with the Website, the "Services").  It also explains how we collect, use and share information based on users’ interactions with online advertisements, both with the Services and with online interfaces owned by third-parties.  This Policy does not govern our privacy practices offline or with respect to information that is not provided or collected through the Services.

We use and share information that we collect from or about our customers in accordance with our overall privacy policy, which provides general guidelines regarding our sharing and use of information.  While the Policy describes how we treat information obtained in connection with the Services, please be aware that additional terms and conditions may apply for certain parts of our Website and Applications.  For additional information on this Policy or our privacy practices generally, please feel free to contact us directly with your questions.

Types of Information We Collect
We collect two basic types of information through the Services – personal information and anonymous information.  We also collect location information in connection with certain of our mobile applications.  "Personal information" refers to information that identifies (whether directly or indirectly) a particular individual, such as information you provide on our forms, surveys, applications or similar online fields.  Examples may include your name, postal address, email address, telephone number, Social Security number, date of birth or account information.  "Anonymous information" means information that does not directly or indirectly identify, and cannot reasonably be used to identify, a particular individual.  Examples may include information about your Internet browser, information collected through tracking technologies (see "How We Collect Your Information" below for additional information regarding our use of tracking technologies), demographic information that you provide to us (e.g., your household income) and aggregated or de-identified data.  "Location information" means information that may be collected by certain mobile applications that identifies your physical location.  We also collect location information in connection with certain of our mobile applications.

How We Collect Your Information
We collect personal information from you or about you when you provide this information to us directly.  For example, we may obtain personal information when you request information, products or services from us, register on the Website or our Applications, respond to surveys, contact customer support or otherwise interact with us.  We may also receive information about you from other online and offline sources, such as public databases, social media platforms and other third-parties.  In addition, we may collect information about your activity with the Services automatically using tracking technologies, such as cookies, Flash cookies and pixel tags.   Definitions for the tracking technologies we use, as well as information regarding how to disable them, are available in the Online Tracking and Advertising section of the Policy.  If you submit any personal information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Policy.

How We Use Information That We Collect
We may use information that we collect in order to, among other things:

  • Provide you with, or evaluate your eligibility for, products and services that you request from us;
  • Communicate with you about your accounts or transactions with us;
  • Send you important information regarding the Services, changes to this Policy and/or other similar administrative information;
  • Allow you to participate in surveys, sweepstakes, contests and similar promotions, and to administer such promotions (note that these promotions may contain additional disclosures regarding our collection and/or use of your information);
  • Send you offers and promotions for our products and services, or products and services that may be of interest to you;
  • Personalize content and experiences in connection with the Services;
  • Verify your identity and/or location (or the identity or location of your authorized representative) for security, fraud prevention and other risk control purposes;
  • Provide you with advertising based on your activity on the Services and on third-party websites and applications (for additional information regarding our use of your information for personalization and tracking, please refer to the Online Tracking and Advertising section of the Policy);
  • Optimize or improve our products and services;
  • Detect, investigate and prevent activities that may be illegal or violate our policies;
  • Comply with our legal and regulatory obligations; and
  • Enforce our various terms and conditions and otherwise protect our rights and operations.

How We Share Information That We Collect
We will not share your personal information outside Bank, except under limited circumstances and in our overall privacy policy.  Please refer to the our overall privacy policy or contact us for additional information regarding how we may share personal information, as well as the choices you may be able to exercise in connection with such sharing.

Online Tracking and Advertising
We and certain trusted service providers operating on our behalf collect information about your activity with the Services using tracking technologies, including:

  • Cookies:  Cookies are pieces of information that are stored directly on the device you are using that allow us to collect information such as the type of browser you are using, the amount of time you spend using the Services, the websites or applications you visit and the preferences you have set up for your accounts.  We use this information for such purposes as to personalize your experience, enhance security, facilitate navigation, display material more efficiently, recognize the device that you are using to access the Services and understand how the Services are used.  The Services do not use cookies that capture unencrypted personal information about you.  You can choose to have your device refuse to accept any cookies, and the majority of devices and browsers offer additional privacy settings for cookies.  Consult with your device settings or your browser help menu to learn the correct way to modify your cookies.  If you turn cookies off, you will not have access to many features that make your user experience more efficient and some of the Services will not function properly. Please note that you will need to manage your cookie settings for each device and browser that you use.
  • Flash Cookies:  We may use local shared objects, sometimes known as Flash cookies, to store your preferences and to assist with online authentication by allowing us to recognize you and your device when you return to the Website or an Application.  This permits us to display content based upon what you view on our websites and applications to personalize your use of the Services.  Our advertisers and third-party service providers also may use Flash cookies to collect and store information.  Flash cookies are different from browser cookies because of the amount and type of data, as well as how data is stored.  Settings provided by your device or browser will not remove Flash cookies.  To learn how to manage privacy and storage settings for Flash cookies, please visit the Adobe Systems website.  If you disable Flash cookies, you will not have access to many features that make your user experience more efficient and some of the Services are unlikely to function properly.
  • Pixel Tags, Web Beacons, Clear GIFs and Similar Technologies:  These are typically small pieces of data that are embedded in images on the Website, our Applications or certain e-mail communications.  They may involve the transmission of information directly to us, to another party on our behalf or to another party in accordance with its privacy policy.  We may use these technologies to bring together information we collect about you.
  • Location Tracking on Mobile Devices:  Certain applications on mobile devices may transmit information to us about your location when you request information from them.  An example includes your physical location when you search for a nearby ATM or branch using your mobile device.  We may use that information to improve the products and services we provide to you as well as improving our services generally in your area.    

Information collected through tracking technologies is used for many purposes, including, for example:

  • To provide useful features to simplify your experience when you return to the Services;
  • To deliver relevant content based on your preferences, usage patterns and location;
  • To monitor and evaluate the use and operation of the Services; and
  • To analyze traffic with the Services and on websites or mobile applications of third parties.

We may associate this tracking data with your registration information, in which case we will treat it as personal information.

We use Google Analytics, which uses cookies and other similar technologies to collect information about use of the Services anonymously and reports website trends, without identifying individual visitors.  To learn more, including how to opt out, visit https://tools.google.com/dlpage/gaoptout.  Occasionally, you may encounter banner advertisements for our products and services on third-party websites and mobile applications.  We use third-party advertising service providers to distribute our advertisements on websites and mobile applications where we have paid to advertise.  These advertisements may use tracking technologies to capture information such as IP address, browser type and usage information in order to track the effectiveness of our advertising efforts. Such tracking technologies do not capture personal information about you, and our advertising service providers are prohibited from using any information collected except to track advertising effectiveness.

In addition, we use advertising service providers such as Google, Yahoo and MSN to place advertisements for our accounts and services on websites not affiliated with us, and to help us determine which of our advertisements are most likely to be of interest to you using non-personal behavioral information. Advertisements placed by these service providers may use tracking technologies that allow monitoring of your responsiveness to such advertisements. We restrict access and collection of information by advertising service providers for purposes other than assisting us with our advertising efforts.

Other Information Collected Automatically

  • Browser or Device Information:  Certain information is collected by most browsers or automatically through your device, such as your computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, Media Access Control (MAC) address, and the name and version of the Services (such as the Applications) you are using.  We use this information to ensure that the Services function properly.
  • Application Information:  When you download and use our Applications, we and our service providers may track and collect usage data, such as the date and time the Applications on your device accesses our servers and what information and files have been downloaded to the Applications based on your device number.
  • IP Address:  Your IP address is a number that is automatically assigned to your computer by your Internet Service Provider.  An IP address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) visited.  Collecting IP addresses is standard practice and is done automatically by many websites, applications and other services.  We use IP addresses for purposes such as calculating usage levels, helping diagnose server problems and administering the Services.

Linked Websites
The Services may contain links to third-party websites not controlled by us. We encourage you to be aware when you leave the Services and to read the privacy policies and terms of use of any such websites that may collect your personal information, as they will likely differ from those of the Services. We do not guarantee and are not responsible for the privacy or security of these websites, including the accuracy, completeness or reliability of their information.  In addition, we are not responsible for information collection, use and disclosure practices (including data security practices) of other organizations, such as Facebook®, Apple®, Google®, Microsoft®, BlackBerry® or any other app developer or provider, social media platform provider, operating system provider, wireless service provider or device manufacturer.

Data Security and Online Risk
Your privacy is very important to us and we are committed to protecting your personal information from unauthorized access or use.  We endeavor to use reasonable measures to protect personal information within our organization.  Unfortunately, no data transmission or storage system can be 100% guaranteed secure.  We are not responsible for any unauthorized access or use of your personal information (1) through means used to thwart the reasonable measures we had in place when the information was accessed, (2) that was beyond our control, or (3) that was facilitated by any failure by you to secure your personal information, including your password.  You have the responsibility to help us protect your accounts by never revealing your user name or password to other individuals.  If you have reason to believe that your interaction with us is no longer secure, please notify us immediately.

Preventing Identity Theft
In order to help us protect your personal information, it is important that you always keep your account information safe.  Never share your personal ID, password or PIN with anyone, under any circumstances.  Note that we will never request your sensitive information via email, including your Social Security number, personal ID, password, PIN or account number.  If you receive an email asking for your sensitive information, you should be suspicious of the request and promptly contact us to report the suspicious activity.  Please be aware, however, that we may ask for your full Social Security number, account number, or other information in certain telephone and in-person transactions to verify your identity before conducting the transactions you have requested.  For example, we may ask for such information to verify your identity when you place a call to us, when you visit our branch office or when we call you about a new product or service we believe that you will find valuable.  We will never request that you disclose your personal ID, password or PIN under any circumstances, including such telephone or in-person transactions.  Additional information regarding identity theft and the steps you can take to help protect yourself from fraud can be found on the Federal Trade Commission website.

Children’s Privacy
We do not use the Services to knowingly solicit personal information from or market to children under the age of thirteen (13) without parental consent.  We request that such individuals do not provide personal information through the Services.  If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should promptly contact us and we will delete such information from our files.  For additional information regarding the Children's Online Privacy Protection Act (COPPA), please visit the Federal Trade Commission website.

External Aggregation Services
Some third-party companies offer aggregation services that allow you to consolidate your financial account information from a variety of sources, such that you can view all your account information at a single online location.  For example, an aggregation service might collect and consolidate your checking and savings account balances at your bank, the value of your stocks and bonds in your brokerage account and your frequent flier mileage information from an airline.  In order to do so, the aggregator may request access to personal information - including identification information, account information, personal IDs and passwords - from you for each individual website.  You must provide your permission and access to your personal information to allow these services to collect this data.  Please use caution when providing personal information to aggregation services insofar as use of such services are at your own risk.  We are not responsible for the use or disclosure of any personal information accessed by a company or an individual to whom you provide the personal ID and password required to access your accounts through the Services.  If you do elect to provide your personal ID, password or other information about your accounts with us to an aggregation service, you will be unable to contest the validity of any Bank transaction initiated by the aggregator, whether or not you were aware of the specific transaction.

Social Media Platforms
We may interact with registered users of various social media platforms, including Google+®, Facebook® and Twitter®.  Any content you post to such social media platforms (e.g., pictures, information or opinions), as well as any personal information that you otherwise make available to users (e.g., your profile), is subject to the applicable social media platform’s terms of use and privacy policies.  We recommend that you review this information carefully in order to better understand your rights and obligations with regard to such content.

Updating Your Information
It is very important that you keep the information associated with your account accurate and up-to-date.  If you believe that your account information is incomplete, inaccurate or otherwise not current, please contact us and provide us with the appropriate information.  Additionally, if you would like to review, correct, or update personal information that you have previously provided to us, you may contact us.  In your request, please make clear what personal information you would like to have changed or otherwise let us know what limitations you would like to put on our use of the personal information you have provided to us.  For your protection, we may only implement requests with respect to the personal information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request.  We will endeavor to comply with your request as soon as reasonably practicable.  Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion.  There may also be residual information collected in connection with your use of the Services that will remain within our databases and other records, which will not be removed.

Retention Period
We will retain your personal information for the period necessary to fulfill the purposes outlined in this Policy, unless a longer retention period is required or permitted by law.

Extra-Territorial Transfer of Data and Information
The Services are controlled and operated by us from the State of Georgia, United States of America, and are not intended to subject us to the laws or jurisdiction of any other state, country or territory other than that of the State of Georgia, United States of America.  We may store and process your personal information in any state or country where we have facilities or in which we engage our service providers, and, by using the Services, you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than those of your country.

California Privacy Rights
California law allows California residents, once a year and free of charge, to request information about certain types of personal information (if any) that a business has disclosed to third parties for their direct marketing purposes in the prior calendar year. However, under the law, we are not required to provide this information as long as we: (1) notify you that you have the right to prevent disclosure of personal information, and (2) provide you with a cost-free means to exercise that right. As noted in this Policy, we require California residents to opt-in to activities where we would share their personal information with third-parties for those third-parties’ direct marketing purposes. If you are a California resident and you would like to prevent disclosure of your personal information for use in direct marketing by a third-party, do not opt-in to participate in these activities. If you are a California resident, and you have opted in to one of these activities, but you later decide that you would like to prevent our disclosure of your personal information to third-parties for their direct marketing purposes, please contact us.

Changes to the Online Privacy Policy
From time to time, we may make changes to this Policy in order to accommodate new technologies, industry practices, regulatory requirements or for other purposes.  We encourage you to review the Policy periodically to ensure that you understand how we collect, use and share information through the Services.  If we do make changes to the Policy, we will also update the "Effective Date" posted at the top of the Policy.  Any changes to the Policy will become effective when the revised Policy is posted on the Website, relevant Applications or other Bank online interface, as applicable. By continuing to use the Services following such changes, you are agreeing to accept the terms of the revised Policy.

Compliance Program Overview
The USA PATRIOT ACT, Public Law 107-56, enhances the anti-money laundering compliance requirements for banks and other financial institutions.  In accordance with Title III of the USA PATRIOT ACT, and applicable federal regulations, we have adopted policies, procedures and controls designed to provide for the continued administration of an anti-money laundering program reasonably considered to assure and monitor compliance with the record keeping and reporting requirements of the Bank Secrecy Act, as amended. The program is reviewed and modified as necessary in response to applicable statutory and regulatory changes. Core features of the anti-money laundering compliance program implemented by us include the following:

  • Board of directors-approved anti-money laundering policy;
  • Designated Bank Secrecy Act and Anti-Money Laundering Compliance Officer;
  • Internal policies and procedures applicable throughout Bank designed to comply with all applicable statutory and regulatory requirements and FATF anti- money laundering standards;
  • Detailed wire transfer request procedures;
  • Suspicious activity monitoring and reporting;
  • Customer identification program;
  • Employee training program;
  • Independent audit review;
  • Reporting of large currency transactions;
  • Office of Foreign Assets Control (OFAC) monitoring;
  • Compliance with record retention requirements;
  • Prohibition on correspondent accounts with foreign shell banks; and
  • Cooperation and information sharing with law enforcement.

Notice To Correspondent Account Holders
Pursuant to U.S. regulations issued under Section 311 of the USA PATRIOT ACT, we are prohibited from opening or maintaining a correspondent account for, or on behalf of various entities identified by the United States of America’s Department of the Treasury.

The regulations also require us to notify any correspondent accountholders with our financial institution that their account may not be used to provide these entities with access to our financial institution. If we become aware that these entities are indirectly using the correspondent account you hold at our financial institution, we will be required to take appropriate steps to prevent such access, including terminating your account.

We are committed to complying with applicable laws and regulations targeted at assisting United States authorities in combating money laundering, terrorist financing, and other financial crimes. Additional questions can be directed to the Director of Corporate Compliance, Atlantic Capital Bank, NA, PO Box 550889, Atlanta, GA 30355, or at (404) 995-6066.