Etana Custody Disclosures


Etana Custody is not a Bank. Banking Services are provided by the institutions listed below, all of which are Member FDIC. The FDIC insures each deposit of up to $250,000 based on deposit insurance rules. Crypto assets are not insured by the FDIC, may lose value, are not deposits or other obligations of the Banks listed below and are not guaranteed by the Banks listed below.

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Etana Custody
CCPA Privacy Notice
Revised November 2, 2022


Privacy Statement – California

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplement the information contained in the Privacy Notice of Etana Custody and applies solely to visitors, users, and others who reside in the State of California. We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (‘personal information’). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months;


CATEGORY EXAMPLES COLLECTED
a. Identifiers A real name, alias, postal address, unique personal identifier, Internet protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. YES
b. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code s. 1798.80(e)) A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or stat identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. YES
c. Protected classification characteristics under California or federal law Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). YES
d. Commercial information Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. YES
e. Biometric information Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scan, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. NO
f. Internet or other similar network activity Browsing history, search history, information on a consumer’s interaction with a website, application or advertisement. YES
g. Geolocation data Physical location or movements YES

h. Sensory data

Audio, electronic, visual, thermal, olfactory, or similar information

NO

i. Professional or employment – related information Current or past job history or performance evaluations. YES
j. Non-public education information (per the Family Educational Rights and Privacy Act) Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. NO
k. Inferences drawn from other personal information

Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

NO

Personal information does not include:

  • Publicly available information from government records;
  • De-identified or aggregated consumer information;
  • Information excluded from CCPA’s scope like:
    • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • Personal information covered by certain sector specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

We obtain categories of personal information listed above from the following categories of sources

  • Directly from our clients or their agents. For example, from documents that our clients provide us related to the services for which they engage us.
  • Indirectly from our clients or their agents. For example, through information we collect from our clients in the course of providing services to them.
  • Directly and indirectly from activity on our website (etana.com) or through our online portal (crm.etana.com). For example, from transactions submitted through our online portal or website usage detail collected automatically.
  • From third parties that interact with us in connection with the services that we perform. For example, from consumer reporting agencies when we request a credit report in connection with a transaction that a client has requested.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

  • To fulfill or meet the reasons for which information is provided. For example, if you provide us with personal information in order for us to open a deposit account with us, we will use that information to open the account and submit information on the interest earned to the applicable taxing authorities;
  • To provide you with information, products, or services that you request from us;
  • To provide you with email alerts, service outages, and other notices concerning our products and services that may be of interest to you or that you have signed up for;
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections;
  • To improve our website and present its contents to you;
  • For testing, research, analysis, and product development;
  • As necessary or appropriate to protect the rights, property or safety of us, our clients or others;
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category a - Identifiers

Category b - Personal information categories listed in the California Customer Records statute (Cal. Civ. Code s. 1798.80(e))

Category c - Protected classification characteristics under California or federal law

Category d - Commercial information

Category f - Internet or other similar network activity

Category g - Geolocation data

Category i - Professional or employment – related information

We disclose your personal information for a business purpose to the following categories of third parties:

  • Nonaffiliated financial companies
  • Service Providers
  • Third Parties to whom you or your agents authorize us to disclose your personal information in connection with products and services we provide to you.
  • In the preceding twelve (12) months, we have not sold any personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we collected about you;
  • The categories of sources for the personal information we collected about you;
  • Our business or commercial purpose for collecting or selling that personal information;
  • The categories of third parties with whom we share that personal information;
  • The specific pieces of personal information we collected about you (also called data portability request);
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • Sales, identifying the personal information categories that we category of recipient purchased; and
    • Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

  • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code s. 1546 seq.).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Phone: 303-357-1104
Website:  www.etana.com
Email: support@etana.com

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information.

You may only make a verifiable consumer request for access or data portability twice within a 12 month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in verifiable consumer requests to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will cover the 12 month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination:

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CPPA, we will not:

  • Deny you goods or services;
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
  • Provide you a different level or quality of goods or services;
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to Our Privacy Notice:

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.

Contact Information:

If you have questions or comments about this notice, our Privacy Statement, the ways in which we collect and user your personal information, your choices and rights regarding such use, or with to exercise your rights under California law, please do not hesitate to contact us at:

​Phone: 303-357-1104
​Website: etana.com
​Email: support@etana.com
​Postal Address:
​Etana Custody, 999 17th Street, Denver CO 80202

Download CCPA Notice

Inquires contact ETANA at:  support@etana.com

Etana Custody
Federal E-Sign Act Disclosure and Agreement
November 10, 2022



This electronic transaction disclosure, consent, and agreement (collectively, the agreement) contains important information that you are entitled to receive before you consent to receive electronic records. Please read this agreement carefully and download, save and/or print a copy for your files.

 

Etana Custody (Etana) may occasionally be required by law to provide you, the signer(s) of this agreement, with certain written notices or disclosures. This agreement discloses certain information to you that we are required to provide before obtaining your consent to receive such legally required notices and disclosures by electronic means. This agreement also obtains your consent to electronically receive such legally required notices and disclosures (i.e., “required information”) in a matter that reasonably demonstrates your ability to access and retain the required information.

 

Scope of Communications to be Provided in Electronic Form

You agree that we may provide you with any Communications that we may choose to make available in electronic format, to the extent allowed by law, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below. Your consent to receive electronic communications and disclosures includes:

  • All legal and regulatory disclosures and communications associated with any transactions that are initiated and/or completed through Etana’s Online Account Opening Tool, its Electronic Signature system, or Etana’s ShareFile.
  • Privacy policies and notices.
  • Records and documents, including notices and disclosures of a change in terms, relating to any of your accounts with Etana as long as we have a continuing relationship.

 

Types of Required Information Provided by Electronic Means; Accessing and Retaining Information
In conjunction with the processing of any transaction in which you participate with us, we will provide or make required information available to you in PDF format. To access and retain required information, you will need the following:

  • A personal computer or other device which is capable of accessing the internet, and has a minimum operating system such as: Windows 2000, Windows XP, Windows Vista, or Mac OS X.
  • A web browser: minimum versions are recommended such as Microsoft Internet Explorer 0, Mozilla Firefox 3.0+, Google Chrome 4.0+, or Safari 3.0+.
  • An e-mail account with an internet service provider and e-mail.
  • PDF reader: Adobe Reader or similar software may be required to view and print PDF You may download the most current version of the software identified above by going to  www.adobe.com.
  • A printer (for printed copies) or a working hard drive or other storage device (to store electronic copies).
  • Screen Resolution: 800 x 600.
  • Enabled Security Settings: Allow per session.

These technical requirements are subject to change. If they change, you will be provided with an updated version of this agreement and asked to provide us with your consent in a manner that reasonably demonstrates your ability to receive notices and disclosures under the new technical requirements.

 

How to Obtain Paper Copies of Required Information

You may request a free paper copy of required information we have electronically provided or made available to you at any time by contacting us as set out below. Additionally, you may download and print any required information we send you through any Bank system.

 

Our Option to Send Paper
Your consent does not mean that we must provide the required information electronically. We may, at our option, deliver required information and other communications to you on paper should we choose to do so. We may also require that certain communications from you be delivered to us on paper at a specified address.

Withdrawing Your Consent
If, after you have consented to receive the required information electronically, you decide that you wish to receive the required information in paper format only, you may withdraw your previously provided consent by contacting us as set out below.

Informing Us of Your Current Email Address
You are responsible for providing us with a working individual email address to which we can send required information and for ensuring that it is kept current in our files. Please inform us each time you change your email address by contacting us as set out below.

How to Contact Etana
In each instance, you may contact by email at  info@etana.com or by phone at 1-303-357-1104

Important Notice
You understand that the information you have elected to receive is confidential in nature. We are not responsible for unauthorized access by third parties to information and/or communications provided electronically nor any damages, including direct, indirect, special, incidental or consequential damages caused by any unauthorized access. We are not responsible for delays in the transmission of any information. We are not responsible for any computer virus or related problems.

Consent and Agreement

By accepting this agreement, you certify that: (i) you have read and understand this agreement, (ii) you can print on paper or electronically save this agreement for your future reference, (iii) you consent to receive the required information by the electronic means described above, (iv) you acknowledge that you are providing your consent to receive electronic communications pursuant to the Electronic Signatures in Global and National Commerce Act and intend that this statute applies to the fullest extent possible, and (v) you have provided a working individual email address.

 

Download E-Sign Disclosure

Inquires contact ETANA at:  support@etana.com

Etana Custody  
Fraud Prevention Policy

November 10, 2022  


Background:
The corporate anti-fraud policy is established to facilitate the development of controls that will aid in the detection and prevention of fraud against Etana Custody (Etana). It is the intent of Etana to promote consistent organizational behavior by providing guidelines and as signing responsibility for the development of controls and the conduct of Investigations. The Board of Directors and Management wish to make it clear that Etana has zero tolerance for the commission or concealment of fraudulent or illegal acts.

Scope of policy:
This policy applies to any fraud or suspected fraud involving employees, as well as shareholders, consultants, vendors, contractors, and outside agencies doing business with employees of such agencies, and/or any other parties with a business relationship with Etana.
Any investigative activity required will be conducted without regard to the suspected wrongdoer’s length of service, position/title, or relationship to the Company.

Policy:
Management is responsible for the detection and prevention of fraud, misappropriations, and other inappropriate conducts.  Fraud is defined as the intentional, false representation, or concealment of a material fact for the purpose of inducing another to act upon it to their injury. Each member of the management team will be familiar with the types of improprieties that might occur within their area of responsibility and be alert for any indication of fraud. Any fraud that is detected or suspected must be reported immediately according to the Reporting Suspected Fraud section below.

Actions constituting fraud:
The terms  defalcation, misappropriation, and  other fiscal wrongdoings refer to, but are not limited to, the following:

  • Any dishonest or fraudulent act
  • Misappropriation of funds, securities, supplies, or other assets
  • Impropriety in the handling or reporting of money or financial transactions
  • Profiteering as a result of insider knowledge of company activities
  • Disclosing confidential and proprietary information to outside parties
  • Disclosing to other persons securities activities engaged in or contemplated by the company
  • Accepting or seeking anything of material value from contractors, vendors, or persons providing services/materials to the Company (Exception: Gifts less than $50 in value)
  • Destruction, removal, or inappropriate use of records, furniture, fixtures, and equipment
  • Any similar or related fraud

Investigation:
The Compliance Department has the primary responsibility for the investigation of all suspected fraudulent acts as defined in the policy. Retaliation and retribution will not be tolerated against any employee who reports suspected fraudulent activities.
Any employee who suspects dishonest or fraudulent activity  should not attempt to personally conduct investigations or interviews related to any suspected fraudulent act.

Members of the Investigation Unit will have:

  • Free and unrestricted access to all Company records and premises, whether owned or rented
  • The authority to examine, copy, and/or remove all or any portion of the contents of files, desks, cabinets, and other storage facilities on the premises without prior knowledge or consent of any individual who might use or have custody of any such items or facilities when it is within the scope of their investigation

Confidentiality:
The Compliance Department treats all information received confidentially. Any employee who suspects dishonest or fraudulent activity will notify the Compliance Department. Investigation results  will not be disclosed or discussed  with anyone other than those who have a legitimate need to know.

Reporting procedures:
An employee who discovers or suspects fraudulent activity will  contact the Compliance Department  immediately. All reports of suspected or known fraudulent activity will be taken seriously and will be reviewed by the Compliance Department. If the investigation substantiates that fraudulent activities have occurred or was attempted, the Compliance Department will issue reports to appropriate designated personnel and, if appropriate, to Etana within 14 days.

The following unusual fraudulent thresholds must be reported to the Etana for review:

  • Criminal violations involving insider abuse in any amount.
  • Criminal violations aggregating $5,000 or more when a suspect can be identified.
  • Criminal violations aggregating $25,000 or more regardless of a potential suspect.
  • Transactions conducted or attempted by, at, or through the bank (or an affiliate) and aggregating $5,000 or more, if the bank or affiliate knows, suspects, or has reason to suspect that the transaction:
    • May involve potential money laundering or other illegal activity (e.g., terrorism financing). 
    • Is designed to evade the BSA or its implementing regulations. 
    • Has no business or apparent lawful purpose or is not the type of transaction that the particular customer would normally be expected to engage in, and the bank knows of no reasonable explanation for the transaction after examining the available facts, including the background and possible purpose of the transaction.

A transaction includes a deposit; a withdrawal; a transfer between accounts; an exchange of currency; an extension of credit; a purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument or investment security; or any other payment, transfer, or delivery by, through, or to a bank. This reporting is done via an online unusual activity referral escalation, instructions and the form can be found below:

https://etanacustody/disclosures/partner-escalations/

Whistleblower Protection:
Employees of Etana may not retaliate against a whistleblower for reporting an activity which that person believes to be fraudulent or dishonest with the intent or effect of adversely affecting the terms or conditions of employment (including, but not limited to, threats of physical harm, dismissal, transfer to an undesirable job assignment, demotion, suspension, or impact on salary or wages). A whistleblower is defined as an employee who informs a manager, supervisor, or Chief Compliance Officer about an activity which that person believes to be fraudulent or dishonest. Whistleblowers who believe that they have been retaliated against may file a written complaint with the Chief Compliance Officer. Any complaint of retaliation will be promptly investigated by the Chief Compliance Officer and appropriate remedial measures will be taken if allegations of retaliation are proven. This protection from retaliation is not intended to prohibit managers or supervisors from taking action, including disciplinary action, in the usual scope of their duties and based on valid performance-related factors.

Training:
Fraud awareness training shall be provided on a consistent basis to all employees.

Administration:
The Chief Compliance Officer is responsible for the administration, revision, interpretation, and application of this policy. The policy will be reviewed annually and revised as needed.

Download Fraud Prevention

Inquires contact ETANA at:  support@etana.com

Etana Custody
Funds Availability Disclosure Business Accounts
(As of November 1, 2022)


YOUR ABILITY TO WITHDRAW FUNDS
Our policy is to make funds from wire transfers to your account available on the day we receive the deposit. We do not accept deposits of cash and check deposits, including, but not limited to; official bank, cashier’s, certified, tellers, traveler’s and federal, state and local government checks. Once the funds are available, you can withdraw by wire or transfer to your linked account. For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before the close of business on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after the close of business, or on a day we are not open, we will consider the day of your deposit to be the next business day that we are open.

DEPOSITS AT AUTOMATED TELLER MACHINES
We do not support Automated Teller Machine deposits.

LONGER DELAYS MAY APPLY
Funds you deposit by wire may be delayed for a longer period if there is an emergency, such as failure of computer or communications equipment.

SPECIAL RULES FOR NEW ACCOUNTS
Our policy is to make funds from wire transfers to your account available on the day we receive the deposit

FOREIGN ITEMS
Deposited items that are drawn on financial institutions outside of the U.S., and not payable at or through a U.S. branch correspondent financial institution will not be available to you until we receive payment.

Download Funds Availability

Inquires contact ETANA at:  support@etana.com

Etana Custody
Red Flag Identity Theft Prevention Program
NOVEMBER 10, 2022


This section outlines the Bank’s Identity Theft Prevention Program approved by the Board of Directors of Etana Custody (Etana) on November 10, 2022.

This Program includes:

I.    POLICY DESCRIPTION, OBJECTIVE, AUTHORITY AND SCOPE 

​A. Responsibility
​B. Accountability
​C. Identity Theft Coordinator (Officer)
​D. Compliance Committee


II.    STATEMENT OF NEED AND DEFINITION

III.    IDENTIFICATION OF RED FLAGS

​A. Risk Factors
​B. Risk Matrix
​C. Sources of Red Flags
​D. Categories of Red Flags
​E. Detecting Red Flags
​F. Preventing and Mitigating Red Flags


IV.    REGULATORY REQUIREMENT    

​A. Purpose
​B. Risk Factors
​C. Threats and Risk Levels


V.    MISCELLANEOUS IDENTITY THEFT METHODS

VI.    ADMINISTRATION OF THE PROGRAM    
​A. Updating the Program
​B. Oversight of the Program
​C. Oversight of Service Providers
​D. Staff Training

VII.    ALERTS, NOTIFICATIONS OR WARNINGS

​A. Consumer Report Address Discrepancy
​B. Consumer Report Alert
​C. Consumer Report Credit Freeze
​D. Consumer Report Unusual Activity Pattern
​E. Suspicious Documents
​F. Unusual Use or Suspicious Activity
​G. Notice Given
​H. Customer Notification for Suspected Identity Theft
​I. Identity Theft Affidavit

VIII.    DEFINITIONS


I.    POLICY DESCRIPTION, OBJECTICE, AUTHORITY AND SCOPE

It is the policy of  Etana to comply with the intent of all provisions of the program by establishing this policy as the Bank’s written policy and compliance program.  The objective is to develop a written Identity Theft Prevention Program, designed to detect, prevent, and mitigate identity theft in connection with the opening of a covered account or any existing covered account.

All employees of  Etana, herein referenced to as the “Bank”, shall comply with the terms of this program immediately.  All officers and employees shall modify system configurations and procedures, if necessary, to comply with the terms of this policy. The Identity Theft Program Compliance Program is formally approved by the Board of Directors and will be approved annually or before if any revisions are made to the program.  Changes in operating procedures, standards, guidelines and technologies, provided they are consistent with this program, may be authorized by the Compliance Officer.

No part of this program or its supporting operating procedures should be interpreted as contravening or superseding any other legal and regulatory requirements placed upon Etana.  Protective measures should not impede other legally mandated processes such as records retention or subpoenas.  Any conflicts should be submitted immediately to the Compliance Officer for further evaluation and/or subsequent submission to the Bank’s management.

Requests for exceptions to this program must be very specific and may only be granted on specific items, rather than to entire sections, request are to be submitting by an internal memorandum to the Compliance Officer for consideration by Senior Management.

NOTE:  All officers of the Bank are responsible for the comprehension and implementation of this program and ensuring their employees understanding of their responsibilities. If at any time an employee is uncertain about the proper method of handling a situation or transaction, he or she should refer the issue to their immediate supervisor or contact the Compliance Officer for further clarification.

A.     Responsibility - The ultimate responsibility of maintaining an effective Identity Theft Prevention Program is assigned to the Board of Directors. The Board of Directors will be responsible for the appointment of an Identity Theft Prevention Coordinator. The Identity Theft Prevention Coordinator will report to the Board of Directors. The Identity Theft Prevention Coordinator will work closely with the Bank’s senior management and front-line personnel to identify, detect, and respond to appropriate Red Flags. All Bank employees are 
responsible for compliance with all Identity Theft Program requirements outlined in this policy.
B.     Accountability – The Board of Directors has charged Senior Management with the responsibility to determine the necessary course of action to ensure adherence to appropriate 
C.    laws, regulations and is being managed in an effective and consistent manner for the entire organization.


Specifically, the Board of Directors is responsible for:

​a. Ensuring the quality of the Bank’s Identity Theft Program;
​b. Designating a qualified Compliance Officer who is responsible for the oversight, development, implementation and administration of the Identity Theft Program;
​c. Maintaining a working knowledge of the Bank’s Identity Theft Program; and
​d. Reviewing for formal adoption this and other related written policies and procedural guidelines necessary to ensure effective adherence with applicable compliance laws and regulations.


D.     Identity Theft Coordinator (Officer) – Senior Management through the directive issued by the Board of Directors has elected (Employee Name, Title) to serve as the Identity Theft Officer, and to supervise the overall management of the Bank’s Identity Theft Program.  The Identity Theft Officer shall report directly to the Board of Directors and be dully approved by the Board of Directors.  On at least an annual basis, the Identity Theft Officer is to make a written report to the Board of Directors regarding the status of the Bank’s compliance activities with respect to the Identity Theft Program.

Specifically, the Identity Theft Officer is responsible for:

​a. Performing all required risk assessments and provide a report to Senior Management;
​b. Developing, implementing and maintaining detailed identity theft recordkeeping procedures;
​c. Reviewing any related Bank policies and procedures to ensure compliance with the Bank’s Identity Theft Program;
​d. Training Bank personnel on Identity Theft Program directives;
​e. Exercise appropriate and effective oversight of service provider arrangements; and
​f. Supporting an independent Identity Theft Program audit program.


E.     Compliance Committee – The Compliance Committee is to provide assistance to and support the Compliance Officer to promote effective management of the Bank’s Identity Theft Program.
Specifically, the Compliance Committee is responsible for:

​a. Assisting the Compliance Officer in ensuring the compliance mandate established by this policy is an integral part of Bank operations;
​b. Ensuring the Board of Directors is informed of the Bank’s compliance efforts on a periodic basis;
​c. Providing guidance to the Compliance Officer to ensure the Bank adapts to changes mandated by the law;
​d. Reviewing and approving the Bank’s Identity Theft Program
​e. Providing assistance to the Compliance Officer with the responses to audit exceptions and/or regulatory examination results; and
​f. Providing overall general guidance and expertise to ensure the successful implementation of the Bank’s Identity Theft Program.


II.    STATEMENT OF NEED AND DEFINITION 

Etana is responsible for protecting personal and nonpublic information, which is gathered and stored in internal records for our customers.  Regulatory agencies are charged with the responsibility to ensure financial institutions and creditors information security controls and procedures are in compliance with the intent of the regulations to protect a customer’s identity.  It is crucial for management and staff to understand the basic security requirements and provide ongoing assistance in detection, prevention and mitigation of identity theft to our customers.

This Identity Theft Prevention Program is designed to emphasize compliance with all information security requirements, including those detailed in the regulatory agency guidelines.  Specifically, the intent of the Identity Theft Prevention Program is to meet the objectives of the FACT Act, as set forth in OCC Rules and Regulations Subpart J of 12 CFR Part 41 – Identity Theft Red Flags and FDIC’s Fair Credit Reporting Act guidelines. Furthermore, the Identity Theft Prevention Program is aligned with FFIEC requirements.

The Bank has established an Identity Theft Prevention Program that is designed to detect, prevent and mitigate identity theft in connection with the opening of a covered account or any existing covered account.  This program is based on the Bank’s nature and scope of its activities and includes policies and procedures to:

​a. Identify relevant red flags for the covered accounts that the Bank offers or maintains, and incorporate those red flags into the program;
​b. Detect red flags that have been incorporated into the program;
​c. Respond appropriately to any red flags that are detected to prevent and mitigate identity theft; and
​d. Ensure the program (including the red flags determined to be relevant) is updated periodically to reflect changes in risks to customers and to the safety and soundness of the Bank from identity theft.


In addition, the program ensures that the Bank adheres to other related legal requirements that may be applicable, such as:

​a. The filing of Suspicious Activity Reports in accordance with applicable law and regulation;
​b. Implementing any requirements regarding the circumstances under which credit may be extended when the Bank detects a fraud or active duty alert;
​c. Implementing any requirements for furnishers of information to consumer reporting agencies, such as to correct or update inaccurate or incomplete information, and not to report information that the furnisher has reasonable cause to believe is inaccurate; and
​d. Complying with the prohibitions regarding the sale, transfer and placement for collection of certain debts resulting from identity theft.


As such, the Board of Directors has approved this program and is required to review and reapprove the program (and related reports) on an annual basis thereafter.  It is the responsibility of the Identity Theft Officer, Compliance Committee and Senior Management to:

​a. Administer the program;
​b. Exercise appropriate and effective oversight of service provider arrangements that engage a vendor to perform an activity in connection with one or more accounts to ensure that the activity of the service provider is conducted in accordance with reasonable policies and procedures designed to detect, prevent and mitigate the risk of identity theft in accordance with this policy and the Bank’s Vendor Management Program Policy.  As an example, the Bank may require a service provider to maintain appropriate policies and procedures to detect relevant red flags that may arise in the performance of the vendor’s activities, and either report the red flags to the Bank or to take appropriate steps to prevent or mitigate identity theft;
​c. Train Bank personnel as necessary to effectively implement the program; and
​d. Provide the Board of Directors on at least an annual basis with a report that addresses material matters related to the program and evaluate such issues as the effectiveness of this and other related policies and procedures in addressing the risk of identity theft in connection with:


  1. The opening of accounts and existing accounts;
  2. Service provider arrangements;
  3. Significant incidents involving identity theft and management’s response; and
  4. Recommendations for material changes to the program.


The program (including the red flags determined to be relevant) is to be periodically updated to reflect changes in risks to customers or to the safety and soundness of the Bank from identity theft, based on factors such as:

The experiences of the Bank with identity theft;

​a. Changes in methods of identity theft;
​b. Changes in methods to detect, prevent and mitigate identity theft;
​c. Changes in the types of accounts that the Bank offers or maintains; and
​d. Changes in the business arrangements of the Bank, including mergers, acquisitions, alliances, joint ventures and service provider arrangements.


III.    IDENTIFICATION OF RED FLAGS

A.     Risk Factors – To identify relevant Red Flags, Etana has evaluated the following factors.

​a. Types of covered accounts – Etana offers the following types of covered accounts:
​1. Cash management
​2. Credit Accounts
​3. Custodian services
​4. Deposit Accounts
​5. Lending Accounts
​6. Safety deposit boxes or other safekeeping services
​7. Trust Services

​b. Methods to open a covered account – Etana requires in person.
​c. Methods to access a covered account – Etana requires in person.
​d. Previous experiences with identity theft - Etana will take into account     previous experiences with identity theft when defining and updating Red Flags.

B. Risk Matrix – 


COVERED ACCOUNT
THREAT METHODS

CONTROLS (RED FLAGS)

LIKELIHOOD

POTENTIAL DAMAGE

RISK

Cash Management
Opened Fraudulently
In person

Address or Telephone Number Flags, Application Appears to be Altered or Forged, Consumer Report Address Discrepancy, Consumer Report Alert, Consumer Report Credit Freeze, Consumer Report Unusual Activity Pattern, Documents Altered or Forged, Incomplete Application, Information on ID Inconsistent with Information on File, Information on ID Inconsistent with Information Provided, Personal ID Associated with Known Fraudulent Activity, Personal ID is Inconsistent with External Information, Personal ID is Inconsistent with Information on File, Personal ID is Inconsistent with Other Personal ID, Personal ID is of a Type Common to Fraudulent Activity, Photograph or Physical Description Inconsistency, The SSN has been Submitted by Other Persons

Medium

Major

High








Cash Management
Unauthorized Access  
In person

Customer is not Receiving Account Statements, Account Use is Inconsistent with Normal Activity, Challenge Question Responses Unavailable or Limited, Documents Altered or Forged, Inactive Account is Used, Information on ID Inconsistent with Information on File, Information on ID Inconsistent with Information Provided, Key Changes Shortly After Change of Address, Mail is Returned on an Active Account, Notice that a Fraudulent Account has been Opened, Notification of Unauthorized Changes or Transactions, Personal ID is Inconsistent with Information on File, Photograph or Physical Description Inconsistency 

Medium

Major

High








Credit Accounts
Opened Fraudulently 
In person

Address or Telephone Number Flags, Application Appears to be Altered or Forged, Consumer Report Address Discrepancy, Consumer Report Alert, Consumer Report Credit Freeze, Consumer Report Unusual Activity Pattern, Documents Altered or Forged, Incomplete Application, Information on ID Inconsistent with Information on File, Information on ID Inconsistent with Information Provided, Personal ID Associated with Known Fraudulent Activity, Personal ID is Inconsistent with External Information, Personal ID is Inconsistent with Information on File, Personal ID is Inconsistent with Other Personal ID, Personal ID is of a Type Common to Fraudulent Activity, Photograph or Physical Description Inconsistency, The SSN has been Submitted by Other Persons 

Medium

Major

High








Credit Accounts
Opened Fraudulently
In person

Customer is not Receiving Account Statements, Account Use is Inconsistent with Normal Activity, Challenge Question Responses Unavailable or Limited, Documents Altered or Forged, Inactive Account is Used, Information on ID Inconsistent with Information on File, Information on ID Inconsistent with Information Provided, Key Changes Shortly After Change of Address, Mail is Returned on an Active Account, New Revolving Credit Account Follows Fraud Patterns, Notice that a Fraudulent Account has been Opened, Notification of Unauthorized Changes or Transactions, Personal ID is Inconsistent with Information on File, Photograph or Physical Description Inconsistency  

Medium

Major

High








Cash Management
Opened Fraudulently
In person

Address or Telephone Number Flags, Application Appears to be Altered or Forged, Consumer Report Address Discrepancy, Consumer Report Alert, Consumer Report Credit Freeze, Consumer Report Unusual Activity Pattern, Documents Altered or Forged, Incomplete Application, Information on ID Inconsistent with Information on File, Information on ID Inconsistent with Information Provided, Personal ID Associated with Known Fraudulent Activity, Personal ID is Inconsistent with External Information, Personal ID is Inconsistent with Information on File, Personal ID is Inconsistent with Other Personal ID, Personal ID is of a Type Common to Fraudulent Activity, Photograph or Physical Description Inconsistency, The SSN has been Submitted by Other Persons 

Medium

Major

High








Custodian services
Unauthorized Access 
In person

Customer is not Receiving Account Statements, Account Use is Inconsistent with Normal Activity, Challenge Question Responses Unavailable or Limited, Documents Altered or Forged, Inactive Account is Used, Information on ID Inconsistent with Information on File, Information on ID Inconsistent with Information Provided, Key Changes Shortly After Change of Address, Mail is Returned on an Active Account, Notice that a Fraudulent Account has been Opened, Notification of Unauthorized Changes or Transactions, Personal ID is Inconsistent with Information on File, Photograph or Physical Description Inconsistency 

Medium

Major

High








Deposit Accounts
Opened Fraudulently
In person

Address or Telephone Number Flags, Application Appears to be Altered or Forged, Consumer Report Address Discrepancy, Consumer Report Alert, Consumer Report Credit Freeze, Consumer Report Unusual Activity Pattern, Documents Altered or Forged, Incomplete Application, Information on ID Inconsistent with Information on File, Information on ID Inconsistent with Information Provided, Personal ID Associated with Known Fraudulent Activity, Personal ID is Inconsistent with External Information, Personal ID is Inconsistent with Information on File, Personal ID is Inconsistent with Other Personal ID, Personal ID is of a Type Common to Fraudulent Activity, Photograph or Physical Description Inconsistency, The SSN has been Submitted by Other Persons 

Medium

Major

High








Deposit Accounts
Unauthorized Access 
In person

Customer is not Receiving Account Statements, Account Use is Inconsistent with Normal Activity, Challenge Question Responses Unavailable or Limited, Documents Altered or Forged, Inactive Account is Used, Information on ID Inconsistent with Information on File, Information on ID Inconsistent with Information Provided, Key Changes Shortly After Change of Address, Mail is Returned on an Active Account, Notice that a Fraudulent Account has been Opened, Notification of Unauthorized Changes or Transactions, Personal ID is Inconsistent with Information on File, Photograph or Physical Description Inconsistency 

Medium

Major

High








Lending Accounts
Opened Fraudulently
In person

Address or Telephone Number Flags, Application Appears to be Altered or Forged, Consumer Report Address Discrepancy, Consumer Report Alert, Consumer Report Credit Freeze, Consumer Report Unusual Activity Pattern, Documents Altered or Forged, Incomplete Application, Information on ID Inconsistent with Information on File, Information on ID Inconsistent with Information Provided, Personal ID Associated with Known Fraudulent Activity, Personal ID is Inconsistent with External Information, Personal ID is Inconsistent with Information on File, Personal ID is Inconsistent with Other Personal ID, Personal ID is of a Type Common to Fraudulent Activity, Photograph or Physical Description Inconsistency, The SSN has been Submitted by Other Persons 

Medium

Major

High








Lending Accounts
Unauthorized Access 
In person

Customer is not Receiving Account Statements, Account Use is Inconsistent with Normal Activity, Challenge Question Responses Unavailable or Limited, Documents Altered or Forged, Inactive Account is Used, Information on ID Inconsistent with Information on File, Information on ID Inconsistent with Information Provided, Key Changes Shortly After Change of Address, Mail is Returned on an Active Account, Notice that a Fraudulent Account has been Opened, Notification of Unauthorized Changes or Transactions, Personal ID is Inconsistent with Information on File, Photograph or Physical Description Inconsistency 

Medium

Major

High








Safety deposit boxes or other safekeeping services
Opened Fraudulently
In person

Address or Telephone Number Flags, Application Appears to be Altered or Forged, Consumer Report Address Discrepancy, Consumer Report Alert, Consumer Report Credit Freeze, Consumer Report Unusual Activity Pattern, Documents Altered or Forged, Incomplete Application, Information on ID Inconsistent with Information on File, Information on ID Inconsistent with Information Provided, Personal ID Associated with Known Fraudulent Activity, Personal ID is Inconsistent with External Information, Personal ID is Inconsistent with Information on File, Personal ID is Inconsistent with Other Personal ID, Personal ID is of a Type Common to Fraudulent Activity, Photograph or Physical Description Inconsistency, The SSN has been Submitted by Other Persons 

Medium

Major

High








Safety deposit boxes or other safekeeping services
Unauthorized Access 
In person

Customer is not Receiving Account Statements, Account Use is Inconsistent with Normal Activity, Challenge Question Responses Unavailable or Limited, Documents Altered or Forged, Inactive Account is Used, Information on ID Inconsistent with Information on File, Information on ID Inconsistent with Information Provided, Key Changes Shortly After Change of Address, Mail is Returned on an Active Account, Personal ID is Inconsistent with Information on File, Photograph or Physical Description Inconsistency 

Medium

Major

High


C.    Sources of Red Flags – The Bank will incorporate relevant Red Flags from sources such as:

​a. Incidents of identity theft Etana has experienced.
​b. Methods of identity theft that reflect changes in identity theft risks.
​c. Applicable supervisory guidance.

D.    Categories of Red Flags – The Bank will categorize relevant Red Flags into the following categories:

​a. Alerts, notifications or other warnings received from consumer reporting agencies or service providers, such as fraud detection services.
​b. The presentation of suspicious documents.
​c. The presentation of suspicious personal identifying information, such as a suspicious address change.
​d. The unusual use of, or other suspicious activity related to, a covered account.
​e. Notice from customers, victims of identity theft, law enforcement authorities, or other persons regarding possible identify theft in connection with covered accounts held by the financial institution or creditor.


E.    Detecting Red Flags – The Bank will address detection of Red Flags in connection with opening of covered accounts and existing covered accounts by:

​a. Obtaining identifying information about, and verifying the identity of, a person opening a covered account.  The Bank will use the policies and procedures regarding identification and verification set forth in the Customer Information Program (CIP), as defined in 31 U.S.C. 5318(l) (31 CFR 103.121).
​b. Authenticating customers, monitoring transactions and verifying the validity of change of address requests, in the case of existing covered accounts.


F.    Preventing and Mitigating Red Flags – The bank has measures in place to appropriately respond to Red Flags detected that are commensurate with the degree of risk posed.  

Appropriate responses may include:

​a. Monitoring a covered account for evidence of identity theft;
​b. Contacting the customer;
​c. Changing any passwords, security codes or other security devices that permit access to a covered account;
​d. Reopening a covered account with a new account number;
​e. Not opening a new covered account;
​f. Closing an existing covered account;
​g. Not attempting to collect on a covered account or not selling a covered account to a debt collector;
​h. Notifying law enforcement; or
​i. Determining that no response is warranted under the particular circumstances.


When determining the appropriate response, the Bank will consider aggravating factors that may heighten the risk of identity theft, such as a data security incident that results in unauthorized access to a customer’s account records held by the Bank or a third party, or notice that a customer has provided information related to a covered account held by the Bank to someone fraudulently claiming to represent the bank or to a fraudulent website.


IV.    REGULATORY REQUIREMENT 

- 12 CFR Part 41 Subpart J (c) (Periodic Identification of Covered Accounts) states:
“Each financial institution or creditor must periodically determine whether it offers or maintains covered accounts.  As part of this determination, a financial institution or creditor must conduct a risk assessment to determine whether it offers or maintains covered accounts described in paragraph (b)(3)(ii) of this section, taking into consideration:

(4)    The methods it provides to open its accounts;
(5)    The methods it provides to access its accounts; and
(6)    Its previous experiences with identity theft.”
A.    Purpose – The risk assessment required per 12 CFR Part 41 Subpart J (c) determines if a Bank has covered accounts and, consequently, must develop a formal Identity Theft Prevention Program.  The risk assessment must be updated periodically based on changes in methods used to open accounts, methods available to access accounts and the Bank’s experience with identity theft.

B.    Risk Factors - Based on the Bank’s Identity Theft Prevention Program Risk Assessment, the following risk factors have been identified:

Types of covered accounts offered:

​a. Cash management
​b. Credit Accounts
​c. Custodian services
​d. Deposit Accounts
​e. Lending Accounts
​f. Safety deposit boxes or other safekeeping services
​g. Trust Services

Methods to open a covered account:

  • In person

Methods to access a covered account:  In person

  • In person


C.    Threats and Risk Levels - The Identity Theft Risk Assessment follows a qualitative model.  Risk levels are determined by considering the likelihood and potential damage of an event as defined below.

Likelihood definitions:

  • Low: Identity Theft is not expected, but there's a slight possibility it may occur at some time. 
  • Medium: Identity Theft might occur at some time based on a history of limited occurrence, type of covered account, and size and complexity of the bank. 
  • High: Identity Theft will probably occur based on a history of frequent occurrence, type of covered account, and size and complexity of the bank.


Damage Potential definitions:

  • Minimal:  Identity Theft may result in the minor loss of some resources and reputation.
  • Moderate:  Identity Theft may result in loss of resources and reputation which could harm the Bank’s ability to achieve its mission.
  • Major:  Identity Theft may result in the loss of major resources and reputation which would harm the Bank’s ability to achieve its mission.


Risk Level definitions:

  • Low:  Impact is minimal and could even be considered a cost of doing business.
  • Medium:  Impact could be significant and possibly affect the stability of the Bank.
  • High:  Impact is major and could threaten the stability of the Bank.

V.    MISCELLANEOUS IDENTITY THEFT METHODS

General – Social engineering is the attempt to manipulate or fool a person into providing confidential information to an individual that is not authorized to receive such information.

The following subtopics are common types of social engineering with respect to banking.

Pretext Calling – Pretext calling is a fraudulent means of obtaining an individual’s personal information.  Possessing limited information, such as a customer’s name, address and/or social security number, a pretext caller may pose as a customer or an employee in an attempt to convince a Bank employee to divulge confidential information.  Information obtained through pretext calling may be sold to debt collection services, attorneys and private investigators for use in court proceedings.  Identity thieves may also engage in pretext calling to obtain personal information for use in creating fraudulent accounts.  In some instances, pretext callers may call the Bank repeatedly until the caller finds an employee willing to provide the information.

The following demonstrates possible pretext caller situations where extra care should be taken by Bank personnel to ensure the authenticity of the caller:

  1. A caller who tries to distract an employee by being overly friendly or engaging in unrelated conversation in an effort to change the employee’s focus;
  2. A caller who cannot provide all relevant or requested information;
  3.  A caller who tries to get an employee to circumvent Bank policy through some tactic that is intended to persuade the employee;
  4. A caller who is abusive and attempts to get information through intimidation;
  5. An employee caller whose caller ID does not agree with that employee’s location; or
  6. An employee caller that cannot provide basic security information that is readily available to all employees.


Pretext callers may call several times in an effort to obtain bits of information until they build a complete customer profile, and in some situations obtain information about Bank employees.

As such, each branch or department customer contact area should implement specific procedures to protect customer information from being inappropriately released to third parties.  Each employee should be responsible for understanding and complying with these procedures.

Dumpster Diving – Dumpster diving is a common method for identity thieves to obtain confidential information that is carelessly thrown away.  Dumpster diving involves rummaging through a company’s trash to collect customer information, such as office trash cans or large dumpsters.

The Bank has implemented the following procedures to mitigate the risk of dumpster diving:

  1. Shred Bins:  Bank employees are to place any documents that contain confidential company or customer information into designated shred bins located throughout the Bank.  Items placed in shred bins are then to be transported to the Bank’s designated paper shredders for disposal on a daily basis.
  2. Paper Shredders:  In the event shred bins are not available, Bank employees must utilize individual paper shredders to destroy confidential information.

Shoulder Surfing – Shoulder surfing is used by criminals that acquire personal information through eavesdropping.  Shoulder surfers may obtain information while standing in line at a branch or ATM.  Others may use binoculars to spy on their victims, while some may stand outside branch windows and observe computer screens that contain confidential account information.  In all instances, the objective is to obtain confidential information.

The Bank has implemented the following procedures to mitigate the risk of shoulder surfing:

  1. Computer monitors are to be positioned in a manner that prevents individuals from observing confidential information.  If this is not feasible then a protective screen is to be utilized on the monitor to prevent others from easily viewing the contents.
  2. Ensure that the sharing of confidential information is provided in writing when in a face-to-face situation with a customer.  This method prevents someone from learning the information through eavesdropping.  This same practice applies when an employee provides a customer with confidential information, and to properly dispose of such information after it has been provided; and
  3. Ensure that adequate space exists between customers conducting transactions and other customers standing in line.  Proper spacing enhances customer privacy and deters criminals from acquiring confidential information such as PIN, account number, balance, etc.


Card Issuance, Reissuance, and Control Standards - Records of issued cards will be balanced daily to the electronic data processing report total of new and reissued cards. The daily record of issued, spoiled, and on-hand cards at the embossing unit will be reconciled periodically by an independent person. Incoming shipments of cards will be examined for tampering and properly entered into the log of cards received; all of this will be handled via dual control.

Plain envelopes are to be used for mailing cards to customers to reduce the exposure to theft. Follow-up letters are sent to cardholders shortly after the cards are mailed to ascertain that the cards have been received. Control is established over cards returned (either by the customer for cancellation or by the post office as undeliverable) so that:

  1. The mail is opened under joint custody.
  2. The returned cards are placed under dual control.
  3. A single employee should not be in possession of both a PIN and card that has been returned.
  4. Cards for which a correct address can be found are re-mailed immediately.
  5. Cards for which no address can be found are destroyed.


An expiration date will be printed on each card. An annual fee for reissuance on expiration will be assessed each customer. The card accounts of obligors with previously charged-off balances or otherwise unsatisfactory credit histories with the bank will not be reissued on expiration.


VI.    ADMINISTRATION OF THE PROGRAM

A.     Updating the Program – The Bank will update the Program (including a review of relevant Red Flags) periodically, to reflect changes in risks to customers or to the safety and soundness of Etana from identity theft based on factors such as:

  1. The experiences of the Bank with identity theft.
  2. Changes in methods of identity theft.
  3. Changes in methods to detect, prevent and mitigate identity theft.
  4. Changes in the types of accounts that the Bank offers or maintains.
  5. Changes in the business arrangements of the Bank including mergers, acquisitions, alliances, joint ventures and service provider arrangements.


B.     Oversight of the Program - The responsibility of maintaining an effective Identity Theft Prevention Program is assigned to the Board of Directors. The Board of Directors will be responsible for the appointment of an Identity Theft Prevention Coordinator.  The current Identity Theft Prevention Coordinator will be Identity Theft Program Officer.  The Identity Theft Prevention Coordinator will report to the Board of Directors.

The Identity Theft Prevention Coordinator will:

​a. Work closely with the Bank’s senior management and front-line personnel to identify, detect and respond to appropriate Red Flags,
​b. Assign specific responsibility for the Program’s implementation,
​c. Approve material changes to the Program as necessary to address changing identity theft risks, and
​d. Report to the Board of Directors at least annually on the compliance of the Program.  The report should address material matters related to the Program and evaluate issues such as:


  • The effectiveness of the policies and procedures of the Bank in addressing the risk of identity theft in connection with the opening of covered accounts and with respect to existing covered accounts,
  • Service provider arrangements,
  • Significant incidents involving identity theft and management’s response, and 
  • Recommendations for material changes to the Program.



C.    Oversight of Service Providers - Whenever the Bank engages a service provider to perform an activity in connection with one or more covered accounts, Etana will take the necessary steps to ensure that the activity of the service provider is conducted in accordance with reasonable policies and procedures designed to detect, prevent and mitigate the risk of identity theft.  

  • For example, the Bank might require the service provider by contract to have policies and procedures in place to detect relevant Red Flags that may arise in the performance of the service provider’s activities, and either report the Red Flags to the Bank or take appropriate steps to prevent or mitigate identity theft.


D.    Staff Training – The Bank needs to educate employees to identify and respond to Red Flags.  Training supports security awareness and strengthens compliance with the Identity Theft Prevention Program.  Ultimately, the behavior and priorities of senior management heavily influence the level of employee awareness and policy compliance, so training and the commitment to security starts with senior management.  Staff will be trained as necessary to effectively implement the Program.  Training materials for the Bank will review the identification, detection and response to Red Flags.


VII.    ALERTS, NOTIFICATIONS OR WARNINGS

A.    Consumer Report Address Discrepancy –

  1. Red Flag – A consumer reporting agency provides a notice of address discrepancy.
  2. Detection – A consumer report is run for all new loan accounts.  Consumer reports are reviewed by a loan officer.
  3. Response – Determine from the consumer or customer why the consumer report provided a notice of address discrepancy.
  4. Confirm the address of the consumer or customer by:
    -Verifying the customer’s address with the address the Bank has on file.
    -Verifying the customer’s address through a third party.
  5. Verification – Review procedures to run consumer reports on a regular basis.  Ensure appropriate employees are trained to adequately review consumer reports.
  6. Responsibility – Identity Theft Prevention Coordinator.


B.    Consumer Report Alert –

  1. Red Flag – A fraud or active-duty alert is included with a consumer report.
  2. Detection – A consumer report is run for all new loan accounts.  Consumer reports are reviewed by a loan officer.
  3. Response – Determine from the consumer or customer the reason for the alert.
  4. Verification – Review procedures to run consumer reports on a regular basis.  Ensure appropriate employees are trained to adequately review consumer reports.
  5. Responsibility – Identity Theft Prevention Coordinator




C.    Consumer Report Credit Freeze –

  1. Red Flag – A consumer reporting agency provides a notice of credit freeze in response to a request for a consumer report.
  2. Detection – A consumer report is run for all new loan accounts.  Consumer reports are reviewed by a loan officer.
  3. Response – Determine from the consumer or customer the reason for the credit freeze.
  4. Verification – Review procedures to run consumer reports on a regular basis.  Ensure appropriate employees are trained to adequately review consumer reports.
  5. Responsibility – Identity Theft Prevention Coordinator

D.    Consumer Report Unusual Activity Pattern –

  1. Red Flag – A consumer report indicates a pattern of activity inconsistent with the history and usual pattern of activity of an applicant or customer, such as:
    -A recent and significant increase in the volume of inquiries;
    -An unusual number of recently established credit relationships;
    -A material change in the use of credit, especially with respect to recently established credit relationships;
    -An account that was closed for cause or identified for abuse of account privileges by a financial institution or creditor.
  2. Detection – A consumer report is run for all new loan accounts.  Consumer reports are reviewed by a loan officer.
  3. Response – Determine from the consumer or customer why the consumer report reflects a pattern of unusual activity.
  4. Verification – Review procedures to run consumer reports on a regular basis.  Ensure appropriate employees are trained to adequately review consumer reports.
  5. Responsibility – Identity Theft Prevention Coordinator


E.    Suspicious Documents –

​A. Application Appears to be Altered or Forged – 

  1. Red Flag – An application appears to have been altered or forged, or gives the appearance of having been destroyed and reassembled.
  2. Detection – Prior to opening a new account, a consumer or customer is required to complete an application.
  3. Response – Determine from the consumer or customer the reason for the appearance of the application.  If necessary, require the consumer or customer to resubmit a new application.
  4. Verification – Ensure appropriate employees are trained to review applications.
  5. Responsibility – Identity Theft Prevention Coordinator


​A. Documents Altered or Forged – 

1.    Red Flag – Documents provided for identification appear to have been altered or forged.
2.    Detection – Consumer and customer identity is verified prior to opening an account or making changes to an account (i.e., address change).  Documents used to verify a customer’s identity may include:
-For an individual – Unexpired, government-issued identification evidencing nationality or residence and bearing a photograph or similar safeguard, such as driver’s license or passport.
-For a person other than an individual (such as a corporation, partnership, or trust) – Documents establishing the existence of the entity, such as certified articles of incorporation, a government-issued business license, a partnership agreement or trust instrument.
3.    Response – Determine from the consumer or customer the reason for the appearance of the documents.  If necessary, obtain verification of identity from the customer via other means.
4.    Verification – Ensure appropriate employees are trained to adequately review documents provided for identification purposes.
5.    Responsibility – Identity Theft Prevention Coordinator


Information on ID Inconsistent with Information on File – 
1.    Red Flag – Other information on the identification is not consistent with readily accessible information that is on file with the Bank, such as a signature card or a recent check.
2.    Detection – Consumer and customer identity is verified prior to opening an account, or making changes to an account (i.e., address change).  Documents used to verify a customer’s identity may include:
-For an individual, unexpired government-issued identification evidencing nationality or residence and bearing a photograph or similar safeguard, such as driver’s license or passport.
-For a person other than an individual (such as a corporation, partnership, or trust), documents showing the existence of the entity, such as certified articles of incorporation, a government-issued business license, a partnership agreement, or trust instrument.
3.    Response – Determine from the consumer or customer the reason for the inconsistency of their information.  If necessary, obtain verification of identity from the customer via other means.
4.    Verification – Ensure appropriate employees are trained to adequately review documents provided for identification purposes.
5.    Responsibility – Identity Theft Prevention Coordinator

Information on ID Inconsistent with Information Provided – 
1.    Red Flag – Other information on the identification is not consistent with information provided by the person opening a new covered account or customer presenting the identification.
2.    Detection – Consumer and customer identity is verified prior to opening an account or making changes to an account (i.e., address change).  Documents used to verify a customer’s identity may include:
-For an individual - Unexpired, government-issued identification evidencing nationality or residence and bearing a photograph or similar safeguard, such as driver’s license or passport.
-For a person other than an individual (such as a corporation, partnership, or trust) - Documents establishing the existence of the entity, such as certified articles of incorporation, a government-issued business license, a partnership agreement or trust instrument.
3.    Determine from the consumer or customer the reason for inconsistency of the information.  If necessary, obtain verification of identity from the consumer or customer via other means.
4.    Verification – Ensure appropriate employees are trained to adequately review documents provided for identification purposes.
5.    Responsibility – Identity Theft Prevention Coordinator.

e.    Photograph or Physical Description Inconsistency – 
1.    Red Flag – The photograph or physical description on the identification is not consistent with the appearance of the applicant or customer presenting the identification.
2.    Detection – Consumer and customer identity is verified prior to opening an account or making changes to an account (i.e., address change).  Documents used to verify a customer’s identity may include:
- For an individual - Unexpired, government-issued identification evidencing nationality or residence and bearing a photograph or similar safeguard, such as driver’s license or passport.
-  For a person other than an individual (such as a corporation, partnership, or trust) - Documents establishing the existence of the entity, such as certified articles of incorporation, a government-issued business license, a partnership agreement or trust instrument.
3.    Response – Determine from the consumer or customer the reason for the difference in photograph or physical description.  If necessary, obtain verification of identity from the consumer or customer via other means.
4.    Verification – Ensure appropriate employees are trained to adequately review documents provided for identification purposes.
5.    Responsibility – Identity Theft Prevention Coordinator.

f.    Suspicion Personal Identifying Information – 
-Address or Telephone Number Flags – Red Flag – The address or telephone number provided is the same as or similar to the account number or telephone number submitted by an unusually large number of other persons opening accounts or other customers.
-Detection – Consumer and customer identity is verified through internal and third-party resources prior to opening an account, or making changes to an account (i.e., address change). 
-Response – Determine from the consumer or customer the reason the address or telephone number is the same as one submitted by numerous other accounts.  If necessary, obtain verification of identity from the consumer or customer via other means.
-Verification – Ensure appropriate employees are trained to adequately review documents provided for identification purposes.
- Responsibility – Identity Theft Prevention Coordinator.
1.    Challenge Question Responses Unavailable or Limited – 
- Red Flag – For banks and creditors that use challenge questions, the person opening the covered account, or the customer cannot provide authenticating information beyond that which generally would be available from a wallet or consumer report.
-    Detection – Customer identity is verified prior to opening an account or making changes to an account (i.e., address change). 
-   Response – Determine the reason for the inconsistency.  If necessary, obtain verification of identity from the customer via other means.
-   Verification – Ensure appropriate employees are trained to properly identify a customer.
-   Responsibility – Identity Theft Prevention Coordinator.

g.    Incomplete Application – 
1.    Red Flag – The person opening the covered account, or the customer fails to provide all required personal identifying information on an application or in response to notification that the application is incomplete.
2.    Detection – Prior to opening a new account, a consumer or customer is required to complete an application.
3.    Response – Review the incomplete parts of the application.  Determine from the consumer or customer why the application is incomplete.  Require the consumer or customer to complete the required portions of the application.
4.    Verification – Ensure appropriate employees are trained to review applications.
5.    Responsibility – Identity Theft Prevention Coordinator.

h.    Personal ID Association with Known Fraudulent Activity - 
1.    Red Flag – Personal identifying information provided is associated with known fraudulent activity as indicated by internal or third-party sources used by the Bank or creditor.  For example:
-   The address on an application is the same as the address provided on a fraudulent application;
-   The phone number on an application is the same as the number provided on a fraudulent application.
2.    Detection – Consumer and customer identity is verified through internal and third-party resources prior to opening an account or making changes to an account (i.e., address change).
3.    Response – Determine from the consumer or customer the reason the personal identifying information is associated with known fraudulent activity.  If necessary, obtain verification of identity from the consumer or customer via other means.
4.    Verification – Ensure appropriate employees are trained to adequately review documents provided for identification purposes.
5.    Responsibility – Identity Theft Prevention Coordinator.

i.    Personal ID is Inconsistent with External Information – 
1.    Red Flag – Personal identifying information provided is inconsistent when compared against external information sources used by the Bank or creditor. For example:
-  The address does not match any address in the consumer report;
-  The Social Security Number (SSN) has not been issued or is listed on the Social Security Administration’s Death Master File.
2.    Detection – Consumer and customer identity is verified through third party resources prior to opening an account, or making changes to an account (i.e., address change).
3.    Response – Determine from the consumer or customer the reason for the inconsistency.  If necessary, obtain verification of identity from the consumer or customer via other means.
4.    Verification – Ensure appropriate employees are trained to adequately review documents provided for identification purposes.
5.    Responsibility – Identity Theft Prevention Coordinator.

j.    Personal ID is Inconsistent with Information on File – 
1.    Red Flag – Personal identifying information provided is not consistent with personal identifying information that is on file with the Bank or creditor.
2.    Detection – Consumer and customer identity is verified prior to opening an account or making changes to an account (i.e., address change).
3.    Response – Determine from the consumer or customer the reason for the inconsistency.  If necessary, obtain verification of identity from the consumer or customer via other means.
4.    Verification – Ensure appropriate employees are trained to adequately review documents provided for identification purposes.
5.    Responsibility – Identity Theft Prevention Coordinator

k.    Personal ID is Inconsistent with Other Personal ID – 
1.    Red Flag – Personal identifying information provided by the customer is not consistent with other personal identifying information provided by the customer. For example, there is a lack of correlation between the SSN range and date of birth.
2.    Detection – Consumer and customer identity is verified through internal and third-party resources prior to opening an account, or making changes to an account (i.e., address change).  The information is reviewed for discrepancies or inconsistencies.
3.    Response – Determine from the consumer or customer the reason for the inconsistency.  If necessary, obtain verification of identity from the consumer or customer via other means.
4.    Verification – Ensure appropriate employees are trained to adequately review documents provided for identification purposes.
5.    Responsibility – Identity Theft Prevention Coordinator.

l.    Personal ID is of a Type Common to Fraudulent Activity - 
1.    Red Flag – Personal identifying information provided is of a type commonly associated with fraudulent activity as indicated by internal or third-party sources used by the Bank or creditor.  For example:
-    The address on an application is fictitious, a mail drop or a prison;
-    The phone number is invalid or is associated with a pager or answering service.
2.    Detection – Consumer and customer identity is verified through internal and third-party resources prior to opening an account or making changes to an account (i.e., address change).
3.    Response – Determine from the consumer or customer the reason the information appears to be unusual.  If necessary, obtain verification of identity from the consumer or customer via other means.
4.    Verification – Ensure appropriate employees are trained to adequately review documents provided for identification purposes.
5.    Responsibility – Identity Theft Prevention Coordinator.

I.    The SSN has been Submitted by Other Persons – 
1.    Red Flag – The SSN provided is the same as that submitted by other persons opening an account or other customers.
2.    Detection – Consumer and customer identity is verified prior to opening an account, or making changes to an account (i.e., address change). 
3.    Response – Verify with the customer the SSN they provided is correct. 
4.    Verification – Ensure appropriate employees are trained to adequately review documents provided for identification purposes.
5.    Responsibility – Identity Theft Prevention Coordinator.

F.    Unusual Use or Suspicious Activity – 
a.    Account Use is Inconsistent with Normal Activity – 
1.    Red Flag – A covered account is used in a manner that is not consistent with established patterns of activity on the account. There is, for example:
-    Nonpayment when there is no history of late or missed payments;
-    A material increase in the use of available credit;
-   A material change in purchasing or spending patterns;
-   A material change in electronic fund transfer patterns in connection with a deposit account;
-    A material change in telephone call patterns in connection with a cellular phone account.
2.    Detection –The Bank monitors activity on revolving credit accounts for patterns of fraud or inconsistency.
3.    Response – Ensure the identity of the customer.  Determine from the customer the reason for the unusual pattern.
4.    Verification – Ensure appropriate employees are trained to adequately review patterns for covered accounts.
5.    Responsibility – Identity Theft Prevention Coordinator.

b.    Customer is not Receiving Account Statements – 
1.    Red Flag – The Bank is notified that the customer is not receiving paper account statements.
2.    Detection – The customer notifies the Bank that they are not receiving paper account statements.
3.    Response – Ensure the identity of the customer.  Ensure the customer is configured to receive paper account statements.  Verify the customer's address and, if the address is different from the address on file, determine the reason for the change of address.  If a change of address is required, follow appropriate procedures for a change of address.
4.    Verification – Ensure appropriate employees are trained to adequately respond to customer requests regarding address changes.
5.    Responsibility – Identity Theft Prevention Coordinator

c.    Inactive Account is Used
1.    Red Flag - A covered account that has been inactive for a reasonably lengthy period of time is used (taking into consideration the type of account, the expected pattern of usage and other relevant factors).
2.    Detection – Accounts are set to go inactive or dormant after a period of inactivity.
3.    Response – Ensure the identity of the customer.  Determine from the customer the reason for the account activity.
4.    Verification – Ensure appropriate employees are trained to adequately review covered accounts.
5.    Responsibility – Identity Theft Prevention Coordinator

d.    Key Changes Shortly After Change of Address
1.    Red Flag – Shortly following the notice of a change of address for a covered account, the Bank receives a request for a new, additional, or replacement card or a cell phone, or for the addition of authorized users on the account.
2.    Detection – The Bank verifies the identity of each customer prior to making key changes such as a request for a new or replacement card or an addition of authorized users on an account.
3.    Response – Determine from the customer the reason the changes.  Ensure the identity of the customer. 
4.    Verification – Ensure appropriate employees are trained to identify relevant red flags.
5.    Responsibility – Identity Theft Prevention Coordinator.

e.    Mail is Returned on an Active Account
1.    Red Flag – Mail sent to the customer is returned repeatedly as undeliverable although transactions continue to be conducted in connection with the customer’s covered account.
2.    Detection – The Bank will attempt to contact the customer with other means (i.e., phone) to determine to reason for returned mail.
3.    Response – Ensure the identity of the customer.  Determine from the customer the reason mail is being returned.
4.    Verification – Ensure appropriate employees are trained to address returned mail.
5.    Responsibility – Identity Theft Prevention Coordinator.

f.    New Revolving Account Follows Fraud Patterns
1.    Red Flag - A new revolving credit account is used in a manner commonly associated with known patterns of fraud patterns. For example:
-    The majority of available credit is used for cash advances or merchandise that is easily convertible to cash (i.e., electronics equipment or jewelry);
-   The customer fails to make the first payment or makes an initial payment but no subsequent payments.
-   Detection – The Bank monitors activity on revolving credit accounts for patterns of fraud or inconsistency.
-    Response – Ensure the identity of the customer.  Determine from the customer the reason for the unusual pattern.
-    Verification – Ensure appropriate employees are trained to adequately review patterns for revolving credit accounts.
-    Responsibility – Identity Theft Prevention Coordinator.

g.    Notification of Unauthorized Changes or Transactions
1.    Red Flag – The Bank is notified of unauthorized charges or transactions in connection with a customer’s covered account.
2.    Detection – The Bank is notified of unauthorized charges or transactions.
3.    Response – Have the customer sign an Affidavit of Forgery.
4.    Verification – Ensure employees are trained to handle customer notifications regarding unauthorized chargers or transactions.
5.    Responsibility – Identity Theft Prevention Coordinator.

G.    Notice Given
a.    Notice that a Fraudulent Account has been Opened
1.    Red Flag – The Bank is notified by a customer, a victim of identity theft, a law enforcement authority, or any other person that the Bank has opened a fraudulent account for a person engaged in identity theft.
2.    Detection – The Bank is notified a fraudulent account has been opened for a person engaged in identity theft.
3.    Response – The Bank will close the account and work with law enforcement.
4.    Verification – Ensure employees are trained to respond appropriately to a notification that an account has been opened for a person engaging in identity theft.
5.    Responsibility – Identity Theft Prevention Coordinator and have customer complete the attached Identity Theft Affidavit.

H.    Customer Notification of Suspected Identity Theft

I.    Identity Theft Affidavit 


VIII.    DEFINITIONS

Act – The Fair Credit Reporting Act.

Account – A continuing relationship established by a person with a financial institution or creditor to obtain a product or service for personal, family, household, or business purposes, including:

  • An extension of credit, such as the purchase of property or services involving a deferred payment; and
  • A deposit account.


Board of Directors – In the case of a branch or agency of a foreign bank, the managing official in charge of the branch or agency; and

  • In the case of any other creditor that does not have a board of directors, a designated employee at the level of senior management.


Covered Account – 
 

  • An account that a Bank offers or maintains, primarily for personal, family, or household purposes that involves or is designed to permit multiple payments or transactions such as a credit card account, mortgage loan, automobile loan, margin account, cell phone account, utility account, checking account, or savings account; and
  • Any other account that the Bank offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the Bank from identity theft, including financial, operational, compliance, reputation or litigation risks.


Credit – Has the same meaning as 15 U.S.C. 1681 a(r)(5).

Credit – Has the same meaning as in 15 U.S.C. 1681a(r)(5), and includes lenders such as banks, finance companies, automobile dealers, mortgage brokers, utility companies, and telecommunications companies.

Customer – Means a person that has a covered account with a financial institution or creditor.

Financial Institution – A State or National bank, a State or Federal savings and loan association, a mutual savings bank, a State or Federal credit union, or any other person that, directly or indirectly, holds a transaction account belonging to a consumer.

Fraud Alerts

A.    Active-Duty Military Consumer – A consumer in military service who:

  • Is on active duty or is a reservist performing duty under a call or order to active duty under a provision of law; and
  • Is assigned to service away from the usual duty station of the consumer.


B.    Fraud Alert, Active-Duty Alert – A statement in the file of a consumer that:

  • Notifies all prospective users of a consumer report relating to the consumer that the consumer may be a victim of fraud, including identity theft, or is an active-duty military consumer, as applicable; and
  • Is presented in a manner that facilitates a clear and conspicuous view of the statement by any person requesting such consumer report.


C.    Identity Theft – A fraud committed using the identifying information of another person, subject to such further definition as the Commission may prescribe, by regulation.

D.    Identify Theft Report – At a minimum, a report:

  • That alleges an identity theft;
  • That is a copy of an official, valid report filed by a consumer with an appropriate Federal, State, or local law enforcement agency, including the United States Postal Inspection Service, or such other government agency deemed appropriate by the Commission; and
  • The filing of which subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false.


E.    New Credit Plan – A new account under an open-end credit plan (as defined in section 103(i) of the Truth in Lending Act) or a new credit transaction not under an open-end credit plan.

Identity Theft – Has the same meaning as in 12 CFR 1022.3(h).

Red Flag – A pattern, practice, or specific activity that indicates the possible existence of identity theft.

Service Provider – A person that provides a service directly to the financial institution or creditor.

12 CFR Part 41 Subpart J (c) (Periodic Identification of Covered Accounts) states:
 “Each financial institution or creditor must periodically determine whether it offers or maintains covered accounts.  As part of this determination, a financial institution or creditor must conduct a risk assessment to determine whether it offers or maintains covered accounts described in paragraph (b)(3)(ii) of this section, taking into consideration:

  1. The methods it provides to open its accounts;
  2. The methods it provides to access its accounts; and
  3. Its previous experiences with identity theft.”

Download Red Flag Identity Theft Policy

Inquires contact ETANA at:  support@etana.com  

TRUTH IN SAVINGS DISCLOSURE  
Consumer Custodial Account
Disclosure of Fees and Account Terms
12/30/2022

Minimum Balance Requirements
To open the account. You must deposit at least  $150.00 to open this account.

Transaction Limitations
The minimum amount you may deposit is      $150.00
The minimum amount you may withdraw is   $150.00 
We do not allow checks or drafts.

Fee Schedule
The following fees may be assessed against your account
Deposit Fee:           $35.00
Withdrawal Fee:    $35.00
bps Custody Fee:    25bps

Interest
This account is a non-interest bearing account.

Notice of Changes
Any change to our Custody Fee Schedule, including adjustments to any tiers or rates, will be emailed and/or posted no fewer than thirty (30) calendar days before such changes are to take effect and no changes will be in effect for fewer than 30 calendar days, subject to any shorter period of time that may be required by applicable law or regulation.


Etana Custody
999 17th St.
Denver, CO 80202

Download Truth in Savings Disclosure

Etana Custody  
W9 Certification
November 10, 2022  


Under penalties of perjury, I certify that:

  1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 

  2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

  3. I am a U.S. citizen or other U.S. person (defined below); and
        
    *
     A citizen or resident of the United States . A domestic partnership. A domestic corporation.

  4. The FATCA code(s) entered on this form (if any) indicated that I am exempt from FATCA reporting is correct.

 

Download W9 Certification

Inquires contact ETANA at:  support@etana.com