Privacy Policy and Notice

At First Market Bank, we are committed to protecting the information you provide to us. This includes information that we receive from your online communications with us, such as your visits to our Web site, your transactions through Internet Banking and other electronic services we provide. We also want to assure you that we will always respect your privacy and the confidentiality of personal information about you. This policy will let you know how you may request us not to share certain information and how you may correct any erroneous information we may have. This policy applies equally to active and inactive customers as well as to former customers.

What Information We Collect

We may collect “nonpublic personal information” about you from the following sources:

• information we receive from you on applications, other forms or visits to our Internet Web site (such as Social Security Number, assets, income and debts);
• information about your transactions with us, our affiliates, or others (such as account balance and payment history);
• general marketing and purchasing information (buying patterns) with or through our affiliates or others; and,
• information we receive from a consumer reporting agency (such as your creditworthiness and credit history).

We will always limit our collection of information to that which we believe is necessary to conduct our business properly, provide excellent service to you and to offer you additional products and services that we believe will be of interest to you.

How Information We Collect is Used

We will use the information that we collect about you only:

• to provide products and services to you that you request;
• to identify additional products or services that may be of value to you;
• to protect your accounts and guard against unauthorized access to information; and,
• in accordance with the principles in this policy.

What Information We Share With Nonaffiliated Third Parties

WE DO NOT SELL NONPUBLIC PERSONAL INFORMATION TO ANYONE AND DO NOT DISCLOSE NONPUBLIC PERSONAL INFORMATION ABOUT OUR CUSTOMERS OR FORMER CUSTOMERS TO ANYONE, EXCEPT AS PERMITTED BY LAW. IN NO CASE, WILL WE PROVIDE CUSTOMER ACCOUNT NUMBERS TO THIRD PARTIES FOR MARKETING PURPOSES.

Sharing Information with Companies That Work For Us

We may disclose all of the information we collect, as described above, to companies that perform marketing services on our behalf or to other financial institutions with whom we have joint marketing agreements. Generally, we limit the information released under a joint marketing agreement to that information which is necessary to effect the transaction which the customer has requested or to that information which the Bank has based upon information on transactions or experience. We may also disclose information to companies we hire to provide operational support or supply products and services to you (such as check printing companies). All of these companies are contractually obligated to use the information only for the services we have asked and to keep this information confidential.

Sharing Information in Other Situations

In other circumstances, as permitted by law, we may share information with nonaffiliated third parties. These include the sharing of information:

• with selected credit reporting agencies and other financial institutions;
• in connection with the sale of your account and related customer database to another financial institution (such as the sale of mortgage servicing rights); and,
• when required by either federal or state laws (such as in response to a subpoena).

What Information We Share Within Our Corporate Family

The First Market Bank family of companies works together to help you achieve your financial goals. We may share information among our affiliated companies to offer you additional financial services and other products that may be of interest or value to you.

The following is a list of our affiliated family of companies for First Market Bank:

Notice of Your Opportunity to Opt-Out of Information Sharing With Our Affiliates

If you do not want us to share non-experience customer information within our family of companies, you may direct us not to share by asking to “opt-out”. You may opt-out by instructing us not to share this informa¬tion with our affiliated companies by calling us at the number below.

Toll-Free Number to Contact Us:  1-888-242-0971

How We Protect the Confidentiality of Information We Collect

An opt-out by one accountholder will apply to all the joint accountholders with respect to that joint account. If you have previously directed us not to share information, you do not need to opt-out again. We will honor your request to opt-out until you ask us to change it. Whether or not you choose to opt out, we may share identifying information and information about your transactions and experiences within the First Mark Bank family of companies as allowed by law.

How We Protect the Confidentiality of Information We Collect

We restrict access to nonpublic personal information about you to those employees who need to know that information to provide products or services to you. Under no circumstances are employees permitted to discuss, or otherwise reveal, customer information with unauthorized persons. All information that we collect about you will be treated by our employees as confidential. All employees are bound by a code of ethics and this Privacy Policy, which requires them to adhere to these principles.

We maintain physical, electronic and procedural safeguards to guard your nonpublic personal information.

We Strive to Maintain the Accuracy of the Information We Collect

We are committed to maintaining the accuracy of customer information. If you become aware of any inaccurate information contained in our records, you should contact us at the toll-free number on your account statement, and we will undertake to investigate the inaccuracy and to correct it as promptly as possible. You are also entitled to request a copy of your credit report from credit reporting agencies and to have credit reporting agencies investigate and correct any inaccuracies contained in their reports.

Identity Theft Assistance

If you believe you may be a victim of identity theft:

• Contact us immediately at 1-888-242-0971 to place holds on your accounts.
• Report the incident as quickly as possible to the major credit reporting agencies;

  Equifax	1-800-525-6285
  Experian	1-888-397-3742
  Trans Union	1-800-680-7289

• File a police report in your local jurisdictions and retain the report number and name of investigating officer.
• File a complaint with the Federal Trade Commission (FTC) by contacting the FTC Identity Theft Hotline: (877) IDTHEFT (1-877-438-4338).

Limiting Information Received From Other Companies

Please note that nonaffiliated third parties may have access to information related to First Market Bank customers that has been obtained independently (such as through credit ratings or public records). Solicitations based on this information are not within First Market Bank’s control. If you would like to reduce the amount of national advertising you receive by mail or telephone from other companies, you can log onto www.the-dma.org or write to:

Mail Preference Service
Direct Marketing Association
P.O. Box 643
Carmel, NY 10512

Telephone Preference Service
Direct Marketing Association
P.O. Box 1559
Carmel, NY 10512

Privacy on Our Web Site

We appreciate that both customers and those just visiting our Web site have special concerns about the privacy of their nonpublic personal information on the Internet. The Privacy Policy of First Market Bank described above applies fully to all communications and transactions between you and us on the Internet. We also want you to know the steps that we have taken to provide for the safety and security of your information when communicating with us on the Internet.

Maintaining the Security of Customer Information Provided Online

We are committed to assuring the security of information exchanged through online communications between us. We maintain electronic and procedural safeguards that comply with federal standards and establish a “secure” internet session by encrypting the data you submit.

Linking to Other Sites

Our policy does not govern Web sites of other parties to which we may provide links. If you choose to link to Web sites not controlled by us, we recommend that you review the privacy and security policies of these companies.

Protecting Online Applications

When you apply online for accounts or services, or enroll in Internet Banking from our corporate Web site, your personal information is sent to us using secure socket layer (SSL) technology. This information is only accessible to authorized bank representatives, as well as companies that work for us, to conduct our business and offer you accounts and services related to your financial needs. Our responses back to you will not be secure, however, and we will not send any confidential account information to you by e-mail.

Protecting Your Internet Banking

First Market Bank uses state of the art technology to ensure that your information and transactions are kept private and secure when you use Internet Banking. Internet Banking includes use of online banking, bill payment and my FMB. To support this technology, access to Internet Banking can only be done from an Internet browser that supports 40-bit encryption or higher. First Market Bank strongly recommends the use of 128-bit encryption. You can only access your accounts by providing your secure User ID and password. For additional protection, all your Internet Banking sessions automatically log off after 20 minutes of inactivity.

You can help keep your nonpublic personal information secure by not sharing your User ID and password with anyone and by remembering to sign off from Internet Banking when you have completed your session.

We also want you to know that we may use cookies as part of our interaction with you. “Cookies” are small text files placed on your hard drive by some Web servers and can only be read by the server that has sent the cookie. They cannot be used to access other information on your hard drive or your activities on other Web sites. To facilitate your Internet Banking, First Market Bank’s Web server creates a cookie for each session, which serves to recognize you during your next visit and to gather information about usage. Once you end the session by closing your browser window, the cookie is removed automatically and does not remain on your computer. First Market Bank does not collect specific personal information through the use of cookies.

Secure E-mail Transmissions

E-mails you send from the Bank Mail and Contact Us sections of Internet Banking are secure and use encryption. Responses we send back to you in Bank Mail are also secure. However, e-mails you send to us from outside Internet Banking, including the Contact Us section of First Market Bank’s corporate home page and your personal e-mail service, are not secure. Our responses back to you using these e-mail methods are not secure. If the information you need to convey to First Market Bank is of a sensitive nature (account numbers, Social Security Numbers, etc.), please contact us by phone, U.S. mail, or visit your local First Market Bank branch.

Planning Tools and Calculators

We provide different tools, planners and other interactive financial calculators to help you on our site. We do not track or retain the personal information you provide through these tools. We do not guarantee the accuracy of the calculators. The calculators are intended to provide illustrative examples only based on the inputs supplied by you and certain built-in assumptions.

Children’s Information

We respect the privacy of your children, and we comply with the practices established under the Children’s Online Privacy Protection Act. We do not knowingly market to or attempt to obtain any information or data from children under the age of thirteen.