Personal Deposit
Agreement and Disclosures
Eective Date January 8, 2024
1
Table of Contents
I. Personal Deposit Agreement ......................................................................................................................................................................................................................................................................................................2
Introduction ...............................................................................................................................................................................................................................................................................................................................2
Establishing an Account ............................................................................................................................................................................................................................................................................................................. 3
Account Ownership ....................................................................................................................................................................................................................................................................................................................3
Deposits ..................................................................................................................................................................................................................................................................................................................................... 4
Withdrawals ..............................................................................................................................................................................................................................................................................................................................5
Checks ........................................................................................................................................................................................................................................................................................................................................5
Statements and Notices .............................................................................................................................................................................................................................................................................................................6
Additional Terms and Services....................................................................................................................................................................................................................................................................................................6
II. Funds Availability Disclosure ...................................................................................................................................................................................................................................................................................................... 8
III. Electronic Funds Transfer Agreement .........................................................................................................................................................................................................................................................................................8
Types of Electronic Funds Transfers .............................................................................................................................................................................................................................................................................................9
Limitations on Transactions .......................................................................................................................................................................................................................................................................................................9
Stopping Preauthorized Payments ........................................................................................................................................................................................................................................................................................... 10
IV. Substitute Checks and Your Rights ...........................................................................................................................................................................................................................................................................................11
V. ATM Safety Tips ........................................................................................................................................................................................................................................................................................................................ 11
VI. Identity Theft ...........................................................................................................................................................................................................................................................................................................................11
VII. Privacy Policy ........................................................................................................................................................................................................................................................................................................................... 12
2
I. Personal Deposit Agreement
Introduction
Welcome to Brookline Bank, and thank you for opening and maintaining an Account with us. This Personal
Deposit Account Agreement (the “Agreement”) together with our Account Disclosure, list of Service Fees, and any
other documents we provide to you regarding your personal deposit Account(s) (collectively, “Account” or “Accounts”)
provide the terms and conditions that govern your personal deposit Account(s) with us. Please read this Agreement
carefully so you understand your rights and obligations for your deposit Account with us and retain a copy for your
records. If you have any questions about this Agreement or your Accounts, please contact our Customer Call Center
at 877-668-2265 or visit our website, brooklinebank.com. This Agreement is made between you (collectively,
“Customer”, “you”, or “your”) and Brookline Bank (collectively, “Bank”, “we”, “our”, “us”) and governs our relationship.
Any reference to item (collectively “Item” or “Items”) means any check, Automated Clearing House (“ACH”), funds
transfer, teller cash withdrawal, ATM withdrawal, debit card purchase, fee, charge, deposit or other amount that is
added to or subtracted from your account. Any check or item presented when your Account has insucient funds is
an “Insucient Funds Item” or “Insucient Funds Items”. This Agreement replaces and supersedes any prior Personal
Deposit Account Agreement and Disclosures you may have had with us. By opening and maintaining a personal
deposit Account with us, or by continuing to maintain or use an existing personal deposit Account with us, you agree
to be bound by the terms and conditions of this Agreement.
Scope of this Agreement
This Agreement is supplemented by the terms of other agreements you may have entered into with us, or will
enter into with us in the future based on the services you request that we provide to you, including, but not limited
to the eStatements Agreement, External Transfers Agreement, Funds Availability Policy, Online Banking End User
Licensing Agreement (“EULA”), Privacy Notice, and, as applicable, related list of Service Fees and disclosures that
govern the terms, conditions, and fees of your personal deposit Account(s) with us, each as may be amended from
time to time (such Account agreements, list of Service Fees and related disclosures being referred to as an “Account
Agreement” and collectively as the “Account Agreements”). The terms and conditions of your Account Agreements
are incorporated by reference and made a part of this Agreement. In the event of a conict between the terms of this
Agreement and any Account Agreements, the terms of this Agreement shall control as in regard to the provision of
services outlined below. Any terms not dened in this Agreement shall have the meaning assigned to them in the
Account Agreements.
This Agreement is for personal Accounts only, personal deposit Accounts are those Accounts that are used for
personal, family, or household purposes. For information on other types of Accounts we oer, please visit our website
at brooklinebank.com, contact us at 877-668-2265, or visit one of our oces.
Denitions
Capitalized terms used in this Agreement are dened in parenthesis where they appear, as above with the
denition of this Agreement. References to “Customer”, “you”, or ”your” apply to you or anyone else with the authority
to deposit, withdraw, or exercise control over the funds in the Account. The headings in this document are for
convenience purposes only.
Governing Law, Venue
This Agreement and your and our rights and obligations under this Agreement are governed by and
interpreted according to federal laws and the laws of the Commonwealth of Massachusetts (except to the extent that
this Agreement can and does vary from such rules or laws) and without regard to choice of law principles.
Your deposit accounts, the services we provide in connection with them, and all the agreements between you
and us relating to those accounts and services will be governed by federal laws and by the laws of the Commonwealth
of Massachusetts. If any provision of our agreements is impermissible under applicable federal and state laws, the
aected provision will be considered changed to the extent necessary to comply with those laws. Any litigation
arising out of or in connection with any Dispute between the parties will be led and heard in the state or federal
courts in the Commonwealth of Massachusetts and you and we consent to the exclusive jurisdiction of such courts.
We are not liable to you for special or consequential losses or damages of any kind, including loss of prots and
opportunity or for attorney’s fees incurred by you and/or multiple or punitive damages.
EACH OF THE PARTIES TO THIS AGREEMENT WAIVES ITS RIGHT TO A TRIAL BY JURY WITH RESPECT TO
ANY DISPUTE BETWEEN THE PARTIES.
Binding Contract
This Deposit Agreement and Disclosures, along with any other documents we give you pertaining to your
Account(s), is a binding contract that establishes rules that govern your deposit Account and relationship with us. If
you open an Account, or conduct transactions and continue to have your Account with us, you agree to these rules. You
will receive a separate Account Disclosure and list of Service Fees, which discloses the interest rate, annual percentage
yield, qualifying balances, fees, and other important information applicable to your Account. You understand that the
terms and conditions set forth in this Agreement may be changed or supplemented by us from time to time and that
your continued use of the Account constitutes your acceptance of these changes.
This Agreement provides a summary of certain laws and regulations that apply to common transactions,
provides some disclosures for deposit Accounts that are required by federal law, and establishes terms that cover some
transactions or situations that the law either does not cover, or that it allows us to change in this Agreement.
By opening an Account with us, you acknowledge that our deposit relationship with you is that of debtor
and creditor. This Agreement and the deposit relationship established by it does not create a duciary relationship
between us. We owe you a duty of ordinary care. Any of our internal policies are solely for our purposes and to benet
Brookline Bank and do not impose a higher standard of care on us than would otherwise apply by law without such
policies and procedures.
Business Day
For purposes of this Agreement and Disclosures the term “business day” refers to every day, except Saturdays,
Sundays, and federal holidays.
Changes to Agreement
We may make changes and additions to this Agreement at any time without providing advanced notice to you.
We may add or remove terms, add new services, or discontinue existing services. Ordinarily we will send you advanced
notice of any adverse changes, but we may make these changes without advanced notice if notice is not required by law.
Please see the Notices section of this Agreement for more information about how we provide notice. We may, but are
not required to, notify you of changes that we make for security reasons or that we believe are beneficial to you. When
we make changes to the Agreement, the then-current version of this Agreement supersedes any existing versions of this
Agreement and governs your Account. If your Account remains open after a change, you are deemed to have accepted
the change and are bound by it. If you do not agree to the change, you may close your Account as provided for in this
Agreement.
In the event of a conict between the information contained in this Agreement or the Account
Agreements, and a statement made by one of our employees, the terms of this Agreement or the
applicable Account Agreement will prevail.
RESOLUTION OF DISPUTES
What is a Dispute?
As used in this Agreement, “Dispute” means any past, present, or future controversy or claim arising out of or
relating to this Agreement, the breach of this Agreement, your Account, Account-related services, Account errors, or
unauthorized transactions, regardless of the legal theory asserted or remedy sought. The term “Dispute” specically
includes any claim made by or against any authorized user, Joint Account owner, Account beneciary, employee,
agent, representative, predecessor, successor, heir, assignee, bankruptcy trustee, aliate, parent, or subsidiary of the
Account holder.
If you have a Dispute with us, we hope to resolve it over the telephone or in your branch. If you have a Dispute
with us, we want to resolve it as quickly and easily as possible. Before you or we can bring any legal proceeding, you
or we must rst contact the other party to discuss our concerns or claims and give the other party at least 30 days
to attempt to resolve the dispute informally. Failure of either you or us to engage in this informal Dispute resolution
process shall preclude the commencement of legal proceedings to resolve the Dispute.
Any action or proceeding by you to enforce an obligation, duty, or right arising under this Agreement or by law
with respect to your account, safe deposit box, or any other account service must be commenced within one year after
the cause of action accrues.
Charges and Fees
You agree (for yourself and the person or entity you represent if you sign as a representative of another), to
be bound by the terms of this Agreement, the applicable Account Agreements, and any applicable list of Service Fees
or disclosures. You authorize us to deduct charges and fees accrued directly from the Account balance. You agree to
pay the Bank the fees and charges set forth in the Account Disclosure and any additional fees and charges imposed
by the Bank from time to time under the Account Agreements (e.g. Paid Item Fee discussed in the Additional Terms
and Services section of the Agreement), Account Disclosure and associated list of Service Fees, and any other written
agreement between you and the Bank (including but not limited to the eStatements Agreement, Online Banking
EULA, External Transfers Agreements, Funds Availability Policy, Electronic Funds Transfer Agreement, Privacy Notice,
any rules covering individual retirement accounts (IRAs), or any other agreements for any other accounts) as they
currently exist or as they may be amended or replaced from time to time. We may change the list of Service Fees in
the Account Disclosure at any time and will provide notice of the changes in the same way that notice is provided for
changes to the Account Agreements.
You are liable for and agree to pay all of the Bank’s internal and external costs, collection expenses, or other
expenses we incur from your failure to perform any of your obligations under this Agreement. All these costs and
expenses, such as collection and recovery costs, attorneys’ fees, and court costs, including fees on any mediation,
arbitration, appeal, bankruptcy proceedings, and post judgment collection actions, will be added to your present
debt, and interest may be charged on them at the highest rate allowed by law. You are liable for and agree to pay
Bank’s internal and external costs incurred from your deposit of a check payable in a foreign currency for which dollar
credit has been given.
We may deduct all fees and charges from any Account of any Account Holder without prior notice. This liability
is due immediately and may be deducted by us directly from the Account balance whenever sucient funds are
available. You have no right to defer payment of this liability, you are liable regardless of whether you signed the Item
or beneted from the charge or overdraft. It is a breach of this Agreement for you to fail to maintain sucient funds to
pay for any transaction authorized by you.
Freezing an Account
We reserve the right to place a hold on your Account funds (commonly referred to as “freezing” your Account),
in the event that we believe your Account may be subject to irregular, unauthorized, fraudulent, or illegal activity, or in
the event we become aware of a dispute or claim relating to your Account. This hold will remain in place until we have
completed our investigation, or, until the dispute, claim or risk of loss has been resolved to our satisfaction. We will
provide you with notice as required by law if we do freeze your Account funds.
Closing an Account
You or we may close your Account or terminate any service provided in connection with an Account, at any time
without advance notice, except that we may require you to give us seven (7) days advance notice when you intend to
close your savings, money market, or interest-bearing checking Account (see Notice of Withdrawal section). You or
we may close your time deposit Account at maturity without advance notice. If your Account reaches a zero balance,
3
we may consider your Account closed. This Agreement continues to govern matters related to your Account even after
your Account is closed. Our decision to close the Account or terminate a service will not aect your existing obligations
to us, including any obligation to pay fees or charges incurred prior to closing.
Evidence of Transactions
If we go to court for any reason in connection to your Account, we may introduce into evidence a copy,
microlm, microche, or electronic record of any document evidencing a transaction under this Agreement, and such
copy, microlm, microche, or electronic record shall be deemed to be as valid as the original without regard to the
best evidence rule.
Indemnication and Limitation of Liability
You agree to reimburse us for all claims, costs, losses, and damages (including fees paid for collection) that we
may incur with respect to overdrafts, returned deposits, or check collections in connection with your Account. We are
not liable to you for errors that do not result in a nancial loss to you. We may take any action that we are authorized
or permitted to take by this Agreement without being liable to you, even if such action causes you to incur fees,
expenses, or damages.
We are not liable to you for any claim, cost, loss, or damage caused by an event that is beyond our reasonable
control. In particular, we are not liable to you if circumstances beyond our reasonable control prevent us from, or delay
us in, performing our obligations for a service, including acting on a payment order, crediting a fund transfer to your
Account, processing a transaction, or crediting your Account. Circumstances beyond our control include: (1) a natural
disaster, such as a hurricane, earthquake or ood; (2) emergency conditions, such as a war, terrorist attack, riot, re,
theft, or labor dispute; (3) a legal constraint or governmental action or inaction; (4) the breakdown or failure of our
equipment for any reason, including a loss of electric power; (5) the breakdown of any private or common carrier
communication or transmission facilities, any supplier, or any mail or courier service; (6) the potential violation of any
guideline, rule or regulation of any government authority; (7) suspension of payment by another bank; or (8) your
act, of omission, negligence, or fault. Except as limited by applicable law, we are not liable for special, incidental,
exemplary, punitive, or consequential losses or damages of any kind.
Our maximum liability is the lesser of your actual damages proved or the amount of the missing deposit or the
forgery, alteration or other unauthorized withdrawal, reduced in all cases by the amount of the loss that could have
been avoided by your use of ordinary care. You agree that the amount of any claim you have against us in connection
with any Account or transaction you have with us is subject to reduction to the extent that: 1) negligence or failure
to use reasonable care on your part, or on the part of someone you have authorized to have access on your Account,
contributed to the loss which is the basis of your claim; and 2) damages could not be avoided using ordinary care.
We are not liable to you for special or consequential losses or damages of any kind, including loss of prots
and opportunity or for attorneys’ fees incurred by you and/or multiple or punitive damages under Massachusetts or
any other law. You agree to pursue all rights you may have under any insurance policy you maintain in connection
with any loss associated with your Account and to provide us with information regarding coverage. Our liability will
be reduced by the amount of any insurance proceeds you receive or are entitled to receive for the loss. In addition, any
loss or recovery you obtain from third parties on a particular claim will reduce the amount of any obligations we may
have to you on that claim and you agree to notify us immediately of any such recovery. If we reimburse you for the loss
and the loss is covered by insurance, you agree to assign us your rights under the insurance policy to the extent of our
reimbursement, in accordance with this provision.
Waiver and Severability
We may delay enforcing our rights under this Agreement without losing them. No delay in enforcing our rights
will aect your obligation to pay us fees and other amounts you owe us under this Agreement. If we waive a provision
of this Agreement, the waiver applies only to the specic instance in which we decide to waive the provision and not
to future situations or other provisions. If any part of this Agreement is inconsistent with any applicable law, then
to the extent the law can be amended by contract, you and we agree that this Agreement governs and that the law
is amended by this Agreement. A determination that any part of this Agreement is invalid or unenforceable will not
aect the remainder of this Agreement.
Inquiries
If you have any questions about this Personal Deposit Agreement and Disclosures or about your Account,
please stop by your local oce, or call us at 877-668-2265. We may monitor or record phone calls and electronic
communications for security reasons and to ensure that you receive courteous service. You consent in advance to any
such action.
Establishing an Account
We oer a variety of checking, savings, money market, and certicate of deposit (CD) Accounts. From time to
time, we create new Accounts or discontinue certain existing products. Discontinued products may not be reected in
our most current Account Disclosure. If you open a retirement account with us, we are the custodian of any Individual
Retirement Account (IRA) or Simplied Employee Pension Plan (SEP).
Account Opening
We are required by law, including the USA PATRIOT Act, to obtain, verify, and record information that
identies each person who opens an Account. When you open an Account, we will ask for your name, address, date
of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other
identifying documents. For Accounts opened at a branch, all Account holders must sign a signature card in order to
open an Account. Your deposit Account will be considered open once we have received and approved all required
Account opening documentation, assigned you an Account number, and received your initial deposit. We may
require additional signatures or other verication documentation during your Account relationship with us. For new
customers who open Accounts through our Online system, your identication will serve as the signature card, and the
signature on your identication will serve as your signature of record. For existing customers who open additional
Accounts through our Online system, we will rely on your current signature on le. If you previously had an account
with us, but no longer have any active accounts, we will require that you provide us with a copy of your current
unexpired identication or sign a signature card.
Identication
We require proper identication to open an Account or to make any withdrawal from and certain deposits to
an Account. We may require more than one form of identication for our protection and yours, or as required by law.
Information provided by you at the time the Account is opened is subject to verication and may become part of your
permanent Account record.
Credit Reports and Other Inquiries
We may make any inquiries that we consider appropriate to help us determine if we should open, maintain,
or close your Account or any service provided in connection with an Account. This may include verication of
employment, credit reports or other reports from account information services and credit reporting agencies. If you
ask, we will tell you whether we requested a credit report and, if we did request a report, we will tell you the name,
address, and telephone number of the reporting agency.
Reporting to Account Information Services
If we close your Account because of unsatisfactory handling, we generally report to account information
services such as eFunds, Inc. your name, address, Taxpayer Identication Number (TIN), driver’s license number, and
the date and reason the Account was closed. The account information service may supply the information to others.
This may adversely aect your ability to establish an Account at any nancial institution for up to ve years from
the date of the report. If you think the data we report to account information services on your Account is not correct
or if you have questions regarding the data, write to us at Brookline Bank, Attn: Deposit Services, P.O. Box 470469,
Brookline, MA 02447 or telephone us at 877-668-2265. Please provide your name, Account number, and why you
believe there is an inaccuracy or describe the Item you are not sure about. We will complete our investigation, notify
you of our ndings, and, if necessary, submit corrections, as required by the Fair Credit Reporting Act.
Taxpayer Information
We report Account name and TIN (Taxpayer Identication Number) information to the Internal Revenue
Service (“IRS”). The IRS requires that names and TIN numbers match their records. If they do not, your Account may be
subject to federal backup withholding tax and penalties. The primary Account signer on a personal Account is required
to certify their TIN and that they are not subject to backup withholding of federal income taxes. We are required to
report certain dividend, interest and other payments we make to you to the IRS. We include your TIN in those reports.
In addition, if another party will be responsible for the tax reporting on the account (such as the beneciary on a
Social Security Representative Payee or Uniform Transfers to Minors Act Account), the beneciary (or their legal
representative) will be required to certify their TIN.
IRS Form W-8 BEN
If you have indicated that you, and/or if a joint owner of the Account are not U.S. Citizens nor residents, you
will be required to complete an IRS Form W-8 BEN and an associated bank form. In addition, you will need to provide
identication as requested and a copy of a valid travel visa. We comply with the Foreign Account Tax Compliance Act
(FATCA) as mandated by U.S. federal tax law. We will withhold on certain payments when required by such law. For
more information on how this applies to you, please consult your tax advisor.
Account Ownership
The following rules apply to your Account(s) depending on the form of ownership and beneciary designation,
if any, specied on the Account records. You agree that when you open an Account the titling of the Account is correct
and that the Bank has no responsibility to inform you as to how the titling may aect your legal interests. We make
no representations as to the appropriateness or eect of the ownership and beneciary designations, except as
they determine to whom we pay the Account funds. When you open your Account, we rely on your representations
and requests as to the appropriate Account type. If you have any questions as to the legal eects of an Account, you
should consult with your own attorney or advisor. Each owner/signer named on your Account is authorized to obtain
information on your Account, endorse and deposit Items payable to your Account, sign checks, drafts, Items or other
written orders, and execute Bank’s wire transfer agreements used to initiate wires in Bank’s branch oces, place and
remove stop payment requests and make withdrawals. The Bank does not, however, verify the signatures on every
check paid against your Account, which is in accordance with industry standards and you agree that this is not a failure
by the Bank to exercise ordinary care. When you receive your monthly statement, you should carefully and promptly
examine it to verify that only authorized checks have been paid and/or that only authorized transactions have
occurred. The Bank will not be liable if we refuse to honor any Item that we believe, in our discretion, does not contain
a genuine authorized signature.
If you ask us to make a change to your Account, and we agree to make that change, the change does not
become eective until we have a reasonable time to act. If we request that you provide us with additional documents
to make the change and you do not do so, we may close your Account.
We rely on the information we have on le about your Account at the time we accept a deposit or fulll a
withdrawal request. When we process a request for withdrawal in accordance with the terms of this Agreement by an
authorized signer or the agent of any signer on the Account, the withdrawal or payment serves as a complete release
and discharge of the Bank from all claims regarding withdrawal or payment. If you request that we open an Account
in the name of two or more individuals, but we later determine that one or more of them have not completed our
Account opening documents, you agree to hold us harmless from reliance on your instructions. We may require you
to close an Account in order to remove a co-owner, terminate a joint ownership or change a payable on death or trust
designation.
• Individual Account – An Account that is owned by one individual. Upon the death of such individual, the
funds in the account shall pass to the Individual’s estate and will be administered by the person appointed
4
under applicable probate law or appointed by court order.
• Joint Account with Rights of Survivorship (and not as Tenants in Common) – an Account opened in the
name of more than one person without a fiduciary, beneficiary or other designation is a joint Account with rights
of survivorship. On the death of one of the co-owners, the balance in the Account (subject to
any previous pledge to which we have agreed) belongs to the surviving co-owner(s). If two or more of
you survive, you will own the balance in the Account as joint tenants with right of survivorship and not as
tenants in common. Therefore, any request or claim on behalf of a deceased joint owner’s estate will not be
honored. Certain retirement benefits (such as Social Security) do not pass however, and payments made after
the recipient dies may not be withdrawn. Once a joint Account is opened, a joint Account owner cannot be
removed from the joint Account, unless the joint owner is deceased. Any joint Account owner may, however, add
another joint Account owner or close the joint Account by withdrawing all of the funds from the joint Account.
If you have a joint Account, you and your joint Account holders may exercise any and all rights
(including the right to withdraw some or all of the funds) individually and shall be jointly and severally liable for
the obligations incurred under this Agreement and will be bound by this Agreement.
• Account in the Name of a Minor – Under Massachusetts Law, anyone under the age of 18 is considered to be
a minor, and a minor cannot be bound by a contract unless the law specifically allows it. Therefore, any minor
who would like to open an Account will be required to have a parent or legal guardian named as a joint Account
holder. The named parent or legal guardian will agree to indemnify the bank in the case of any losses (e.g.
overdrafts) resulting from any transaction conducted by the minor.
• Payable on Death Account (Totten Trust) – Under Massachusetts law, you may elect to make an individual
or joint Account a Payable on Death Account or a Totten Trust (“Totten Trust”) Account. During your lifetime(s)
the owners of the Account are referred to as Trustees and the funds in the Account are held by you, for the
benefit of the designated payable on death beneficiary, referred to as a Beneficiary. The Bank reserves the right
to limit the number of Payable on Death beneficiaries per account to four (4), and require that each beneficiary
be assigned equal and undivided shares. In the event that a named beneficiary dies before the death of any
Trustee, the Trustee should remove the beneficiary. If a deceased beneficiary has not been removed before the
death of the last Trustee, the deceased beneficiary’s share will be distributed to the surviving beneficiaries in
equal shares. The funds remain the property of the Trustee(s) throughout their lifetimes, and the Beneficiary
has no interest in the Account until the death of the last surviving Trustee. The Beneficiary has no rights in the
Account during the life of the Trustees. The Bank has no obligation to notify the Beneficiary of the existence of
the Account or the vesting of any interest in the Account. If there are surviving Beneficiaries upon the death of
the last Trustee (Account owner), the money in a Totten Trust Account will not be inherited by your heirs or
controlled by your will. We make no representation as to whether this type of Account is appropriate for you.
You may want to consult your attorney, tax professional or other advisor before making such a designation. You
have the right at all times to change or remove your Beneficiary from the Account, close the Account, or
withdraw all or some of the funds in the Account.
• Uniform Transfers to Minors Act (“UTMA”) Account – You may make an irrevocable gift of money to
a minor pursuant to the Massachusetts Uniform Transfer to Minor’s Act (“UTMA”). By opening
an UTMA Account for a minor, you serve as custodian (“Custodian”) of that Account for the benefit
of the minor. As Custodian of the Account, you are obligated to use the funds for the sole benefit of the
minor, and you agree to notify us in writing upon the death of the minor, or upon the minor’s attainment
of the age of 21. If you notify us that either of these two events has occurred, your authority on the
Accounts may only be exercised to the extent it is permitted by the UTMA. Prior to our receipt of such
notices and our reasonable opportunity to act on those notices, we may honor any checks or drafts
written on the account by the Custodian without incurring liability to the minor or any third party. The
Custodian is liable to the Bank for any losses the bank incurs because of any failure to give prompt
written notice or otherwise abide by the requirements of the UTMA. The Bank has no duty to monitor the
acts of the Custodian or ensure that the Custodian’s acts are for the benefit of the minor or permissible
under the UTMA. We have no liability for failure of the Custodian to comply with the requirements of the
UTMA or his or her authority. There may be only one Custodian per UTMA Account. You may sign a
document to appoint a Successor Custodian in the event of your death. The Bank encourages Custodians
to execute this document. If the minor child dies before reaching the age
of 21, the funds become the property of the minor’s estate and would be administered by a person
designated under applicable probate law or appointed by court order.
• Formal Trust Account – We may allow a trustee or the trustees of a formal written trust to establish a
trust Account if all the trust beneficiaries are natural persons. In the case of such trust Accounts, you
agree to provide the Bank with an attorney prepared Certification or Declaration of Trust or all trustees
will need to complete and sign the Bank’s Certification of Trust form. The trustees agree and understand
that we have no duty to monitor or ensure that the acts of any trustee are for the use or benefit of the
beneficiaries or are otherwise permissible under any trust instrument or applicable law. You
understand and agree that we will not be liable to you or to any third party for any actions that we take
in reliance on the Certification of Trust document. You further agree to hold us harmless from and
against any actions that we take in reliance on the trust documents that you provide to us upon the
opening of the Account. We reserve the right to request a copy of the legal documents pertaining to the
trust.
Assignment, Pledge or Transfer of Account
Your Account is for your use only. Ownership of your Account is transferable only on our records. You may not
transfer or assign ownership of your Account to another party without our written consent. Even if we consent, we
may require that you close the Account and that the new Account owner open a new Account in his/her name. We
may refuse to acknowledge or accept attempted pledges or assignments of an Account or purported security interests
in an Account. We may, at our sole discretion, permit you to pledge your Account as collateral for a loan made by us.
However, you may not pledge your IRA or SEP Account as collateral for a loan.
Power of Attorney
If you would like to appoint someone as your attorney-in-fact to act on your behalf on your personal deposit
Account(s), we may request that you or your attorney-in-fact provide us with an original or certied copy of your
power of attorney documentation. We may also request that you or your attorney-in-fact complete additional
documentation certifying, among other things, that the power of attorney documents are still valid and in eect. In
our sole discretion, and to the extent permitted by applicable law, we may refuse to recognize a power of attorney
document provided to us by you or your attorney-in-fact. If we recognize the authority of the person acting under a
power of attorney, you agree that we shall have the right to rely on that power and the authority of the person acting,
and we shall have no obligation to determine whether the attorney-in-fact is acting properly under the agreement.
We are not liable for the misapplication of funds from your Account by the attorney-in-fact, or if the attorney-in-fact
exceeds their authority or otherwise does not comply with applicable law. When we accept a power of attorney
document, we may continue to recognize such power unless and until we receive: (a) a signed, written revocation of
the power of attorney; (b) a signed, written notice that a conservator or guardian has been appointed for your estate
along with a certied copy of the appointment; or (c) a certied copy of your death certicate or other conrmed
notication of your death.
Power of attorney documents may not be used to delegate authority over any Accounts for which
you are a designated duciary.
Death or Incompetence
You agree to notify the Bank promptly if any owner or authorized signer on your Account dies or is declared
incompetent by a court. Neither a depositor’s death or legal adjudication of incompetence revokes the Bank’s
authority to accept, pay or collect Items until the Bank is notied of the fact of death or of an adjudication of
incompetence and has a reasonable opportunity to act on it. Even with knowledge, the Bank may, for ten (10) days
after the date of death, or adjudication of incompetence, pay checks drawn on or before said date unless ordered to
stop payment by a person claiming an interest in the Account. If a deposit or credit is made to an Account (such as
Social Security, pension or Veteran’s benets) payable to an individual who is or becomes deceased, we may return or
refund the deposit and debit the Account.
Relationship Benets
Certain checking Accounts provide you with “relationship benets” including waiver of certain fees or monthly
service charges on savings or money market Accounts. If you close a checking Account that provides relationship
benets, or convert it to another type of Account, we reserve the right to convert your other related savings or money
market Accounts to Accounts that do not oer the relationship benets. For example, if you have a PremierAccess
Money Market account and either close your PremierAccess Checking (or AccessPlus Checking) account or downgrade
it to AccessOne Checking, we may convert your PremierAccess Money Market account to an Access Money Market
account. For fees on Checking Accounts and the minimum balances to avoid monthly service charges, see the
Brookline Bank Checking Accounts Disclosure.
Notice Regarding Massachusetts “18/65” Statute
Pursuant to the Massachusetts “18/65” law, if you notify us that you are 18 years of age or younger, or if
you are 65 years of age or older you may have one savings Account (except for a money market Account) and one
checking Account at a Massachusetts bank without having to pay a service maintenance fee or similar charge. We
have no obligation to inquire as to your eligibility under this law if you do not notify us of your eligibility; we have no
obligation to administer your Accounts in this way. The Bank may assess a reasonable charge (in accordance with our
list of Service Fees) for any Insucient Funds Item or other fee-related Items, such as the purchase of a Cashier’s Check.
Notice for Customers 18 Years of Age or Younger
For Accounts for persons 18 years of age or younger, we reserve the right to convert the “18/65” Account to a
regular checking or savings Account at any time after the person’s nineteenth birthday.
Deposits
All checks and other Items of every kind and nature deposited (other than cash) and posted to your Accounts
are provisional and subject to our receipt of nal payment. In accepting the Items for deposit, we make no warranty
as to their collection. The availability of funds deposited will be in accordance with our Funds Availability Disclosure,
which can be found in this document.
If nal payment is not received, we reserve the right to charge the Account for the amount of those funds.
In such an instance, we may impose fees on your Account as indicated in this Agreement, in accordance with our list
of Service Fees. If you do not have a sucient Available Balance in your Account then the Item will be submitted to
collections. If we incur any fee in connection with collections activities, we may charge the fees to your Account.
We reserve the right to refuse or to return all or a part of any funds deposited to your Accounts at any time. We
may receive multiple credit or debit transactions on your Accounts in many dierent forms and during many dierent
times throughout each day. The best way to know how much money you have available to spend, and to avoid paying
fees, including but not limited to Paid Item Fees or collection fees, is to record and track all of your transactions closely.
Any balance estimate we provide at any moment is only an estimate, because only you know how much money
you have spent or committed to other transactions, and you may not rely on any balance information provided by
Brookline Bank as establishing whether, at authorization of a transaction, you will have sucient funds to pay for any
particular transaction when that transaction is paid. Brookline Bank will determine whether you have sucient funds
to pay for a transaction at the time the transaction is paid.
Checks drawn on Accounts outside the continental United States, whether payable in U.S. dollars or foreign
currency, will be accepted for deposit on a collection basis only, and may be credited to your Account subject to future
collection, or not credited to your Account until collection, at our discretion. Your deposit of foreign Items may be
subject to adjustment based on the applicable exchange rate and bank fees for collection of foreign Items. We are not
responsible for deposits made by mail, ATM or other depository until we actually record the receipt of such deposits in
our books and records.
5
Deposit Verication
You agree that any deposit is subject to verication, conrmation, and correction at our discretion,
notwithstanding your possession of a deposit receipt or acknowledgement. We may reverse or adjust any transaction,
credit or debit that we believe was erroneously made to your account, at any time without prior notice. If we
determine that a deposit does not contain all Items claimed to be deposited, we may correct the error and adjust
the Account balance, even if you have already withdrawn all or part of the deposit unless you can prove that our
determination was erroneous.
Direct Deposit
You agree that we may reverse any direct deposit that is made to your Account without prior notice to you at
any time if: (a) we credited your Account with an incorrect amount; (b) the deposit represents a duplicate credit to
your Account; (c) you were not entitled to the deposit; or (d) you were not the intended recipient of the deposit.
Remotely Created Checks and Demand Drafts
If you deposit a demand draft or remotely created check (an unsigned draft or a preauthorized draft) into your
Account, you warrant and guarantee that the draft or remotely created check is authorized according to the terms on
its face by the person identied as drawer. You warrant and agree to the following for every remotely created check
we receive from you for deposit or collection; (1) you have received express and veriable authorization to create the
check; (2) you will maintain proof of the authorization for at least two (2) years from the date of the authorization, and
supply us with proof if we ask; and (3) if a check is returned you owe us the amount of the check, regardless of when
the check is returned.
We may take funds from your Account to pay the amount you owe us, and if there are insucient funds in your
Account, you still owe us the remaining balance. You agree to indemnify, defend, and hold us harmless from every
loss, expense, and liability related to a claim that such checks were not authorized.
Return Deposited Items
If a deposited Item of any kind is returned unpaid for any reason at any time, we may charge the Item back to
your Account or require a refund from you., We may redeposit the Item, in which case you waive the right to notice of
dishonor.
Substitute Checks
You agree that you will not deposit “substitute checks” as dened by federal law, or Image Replacement
Documents (“IRDs”) that purport to be substitute checks and have not been previously endorsed by a bank. If you
deposit such an Item, you give us the same warranties and indemnities that we, as a reconverting bank, would give
under applicable law or regulation and you agree to reimburse us for claims, losses, costs, and damages we may incur
resulting from the handling of such Item.
Withdrawals
To make a withdrawal, you must use properly completed checks, drafts or other withdrawal forms or methods
supplied or approved by us. We may refuse a request for a withdrawal if any document or identication we may
require from time to time in connection with the withdrawal has not been presented to us.
Unless clearly indicated otherwise on the Account records, any of you, acting alone, who signs in the space
designated for signatures on the Account application may withdraw or transfer all or any part of the Account balance
at any time. Each of you (until we receive written notice to the contrary) authorizes each other person signing
the Account application to endorse any Item payable to you, or any order for deposit to this Account, or any other
transaction with us.
We will not permit withdrawals from your Account unless there are sucient available funds in the Account.
The fact that we may honor withdrawal requests that overdraw the available Account balance does not obligate us to do
so later. See the Funds Availability Disclosure for information about when you can withdraw funds you deposit or you can
ask us when you make a deposit when the funds will be available for withdrawal.
We may also refuse your request to make a withdrawal under certain circumstances, such as:
I. we have received a court order or other legal document prohibiting withdrawal, or applicable law
prohibits withdrawal;
II. there is a dispute concerning your Account;
III. you owe us money that is due and payable;
IV. your Account is a security for a debt;
V. you or a person we believe to be an agent of an owner of your Account requests that we do not permit
withdrawals;
VI. a problem occurs with our equipment;
VII. limited currency is available at a particular banking location; or
VIII. applicable law requires such action.
Notice of Withdrawal
Federal regulations require us to retain the right to require not less than seven (7) days’ notice in writing
before each withdrawal from an interest-bearing Account other than a time deposit.
Remotely Created Checks
If you provide your Account number to a third party in order to charge your Account by means of one or
more remotely created checks (i.e., Items that do not bear your actual signature but purport to be drawn with your
authorization), you authorize us to pay such checks, even though they do not bear your signature. This provision does
not obligate us to honor remotely created checks. We may refuse to honor such checks without cause or prior notice,
even if we have honored similar Items previously.
Checks
Check Endorsement
We are legally entitled to a valid and unqualied endorsement from you, and you give us the irrevocable right
t o place such an endorsement on the check. You agree to reimburse us for our losses caused by your failure to endorse
a check exactly as drawn or you deposit a check that contains multiple endorsements, or a missing or improper
endorsement.
Because improper endorsement may result in a chargeback of a check or delay in processing, it is important
that you endorse checks correctly. All checks you cash or deposit into your Account must be endorsed in the rst 1.5
inches of the trailing edge on the back of the check. The trailing edge is the left side of the check when you look at it
from the front. If your endorsement obscures our Bank’s endorsement, you are liable for checks that are returned late
or unpaid.
Check Truncation and Cleared Checks
We provide imaged copies of the checks you write with your Account statement. We will retain a copy of the
I tem for such time as might be required by law; otherwise, we have no obligation to retain the copy. You agree that
our statements provide sucient information to determine the identication and authenticity of any transaction,
including, without limit, whether any are forged, altered or unauthorized, if the statement includes the Item number,
amount, and the date the Item posted to your Account.
Electronic Imaging of Checks
We may, at our discretion, create electronic images of checks drawn on or deposited by you to your Account
and provide such Image Replacement Documents (“IRDs”) for all purposes in lieu of an original check. We may also, at
our discretion, accept, act upon, and provide copies of IRDs received from other depository institutions, in lieu of an
original check. In addition, electronic images may be converted to a Substitute Check. Refer to the Substitute Check
section for additional information. We may destroy any original check, which is electronically imaged.
Facsimile Signatures
The term facsimile signature refers to any method used by you to sign a check other than your handwritten
signature. If you use a facsimile signature, you are responsible for any withdrawal from your Account that bears or
appears to us to bear a facsimile signature that resembles or purports to be the signature of a person authorized to
withdraw funds.
You authorize us to accept and pay any such check bearing or purporting to bear your facsimile signature
regardless of by whom or by what means the facsimile signature came to be placed on the check. You agree to assume
full responsibility for the use of a facsimile signature and we will not be liable to you even if the facsimile signature
was placed on the check without your authority.
Multiple Signatures
We do not oer Accounts for which two or more signatures are required for a withdrawal. If you indicate on
your checks or signature card or other Account documents that more than one signature is required for withdrawal,
this indication is for your own personal purposes. It is not binding on us. We may pay out funds from your Account if
the check, Item, or other withdrawal instruction is signed or approved by any one of the persons authorized to sign on
the Account. We are not liable to you if we do this.
Payment of Checks to Non-Customers
If we cash one of your checks for a non-customer, we are subject to certain risks that we would not otherwise
have if the check were deposited at another bank and presented to us through the check collection system. We may
charge a fee to cash the check, unless prohibited by law. In addition, we may impose additional security, identication
and other requirements on a non-customer seeking to cash a check written on your Account. You agree that we will
not be liable to you for refusing to cash the check, if that person refuses: (1) to pay the fee that we may impose; (2) to
comply with our security procedures or other requirements; or (3) we are not satised that the person presenting the
check is the intended payee.
Check Processing
The bank utilizes automated processing each banking day during nightly processing. Due to the large volume
of checks that are processed, the Bank cannot verify the signature of every check paid on your account, nor does it
allow us to inspect each check for restrictive legends and indorsements, or to inspect for postdated or stale dated
checks. This is in accordance with industry standards and you agree that this is not a failure by the bank to exercise
ordinary care.
Restrictive Legends and Indorsements
You agree not to place any restrictive legends, restrictive indorsements or other special instructions on any
check. Examples of restrictive legends are “must be presented within 90 days” or “not valid for more than $1,000”.
We are not required to honor any restrictive legend or conditional notations placed on checks you write. We are not
liable to you for any losses, claims, damages, or expenses that result from the placement of these restrictions or other
notations on your checks, nor from our failure to abide by them.
Safeguarding Your Checks
You agree to use care in safeguarding unsigned checks on your Account against theft or misuse. You agree to
t ell us immediately if any such checks are lost, missing, destroyed, or unaccounted for.
Stale Checks and Postdated Checks
If a stale-dated check, a check dated more than six months in the past, is presented for payment against your
Account, we may pay the check and charge it to your Account. If a postdated check, a check dated in the future, is
6
presented for payment, we may pay the check and charge to your Account even if it is presented for payment before
the date stated on the check. If you do not want us to pay a stale-dated or postdated check, you must place a stop
payment order on it.
Stop Payment Orders
You may ask us to stop payment on a check or draft if it has not already been paid. You may request a stop
payment in person, by mail or by calling us. We may require that you provide us with written conrmation within
fourteen (14) days of the request or we may release the stop. You must give us sucient notice so that we have a
reasonable period of time to act on your request. A stop payment order takes eect only after we have a reasonable
opportunity to verify that the Item is unpaid. We will charge you a fee for each stop payment order and each renewal
order.
To place a stop payment, we need the following information: Account number, exact amount of the Item and
Item number. We may also require the date of the Item, the name of the person who signed or authorized the Item,
and the name of the party to whom the Item was made payable. A stop payment order expires after six (6) months. If
you do not want the order to expire after six (6) months, you must renew it. Each renewal is treated as a new order.
If you want the order to expire in less than six (6) months, you must cancel the order in writing.
Stop payment requests may not be issued on bank cashier’s checks or money orders. We may, however, replace
a lost, stolen or destroyed bank cashier’s check or money order, provided you comply with our established procedures.
If the original bank cashier’s check or money order is presented to us for payment before your claim becomes eective,
we may pay the check, and will not be liable to you for that Item.
You may ask us to stop payment on a future Automated Clearing House (“ACH”) debit to your Account if the
Item has not already been paid. You are responsible for notifying the sender. For more information on limitations on
stop payment orders of preauthorized payment see the Electronic Funds Transfers disclosure included in this document.
Statements and Notices
We are committed to keeping you informed about your Account. Please note the following information about
Account statements and notices from us:
Statements
We provide you with a monthly imaged statement reecting activity on your checking, savings or money
market Account. You must promptly review all statements we provide to you and any accompanying Items and notify
us immediately of any dispute, error, or other problem, including any fee you believe is improper, unauthorized, or
unwarranted.
We mail your statement to you at the address we have in our records for your Account unless we have agreed to
provide statements to you electronically. You agree to notify us if you change your address. If one or more statements
we mail to you are returned to us, we may stop sending statements until a new address is provided to us. We may
destroy statements that are sent to you and returned to us as being undeliverable, along with any accompanying
check images and other Items. We are not responsible for imaged checks or statements lost while not in our
possession.
We provide a single statement. You may generally obtain an additional copy of your statement for a fee. If
you have more than one Account with us, we may send you a combined statement containing information on all your
Accounts. If you do not want to receive combined statements please call us at 877-668-2265 or visit a Brookline Bank
oce. You agree that we may provide you with any changes, additions, or amendments to this Agreement with your
monthly statement, regardless of whether you receive your monthly statement electronically or through the mail.
Examining Statements and Reporting Problems
This section applies to any problem, fee, or unauthorized transaction on your Account, except electronic
transactions, which are covered in the Electronic Funds Transfers section.
You agree to review, promptly and carefully, your Account statement and any accompanying Items. In the
event that you discover the existence of unauthorized signatures, alterations, other unauthorized transactions, or
missing deposits, or any fee, charge, or other transaction that you dispute, you agree to notify us immediately and in
writing of such dispute or error within a reasonable time period, which will be no longer than thirty (30) calendar days
after we send or make available to you your Account statement.
If you fail to notify us of an unauthorized signature, alteration, missing deposit, forgery, counterfeit check or
other unauthorized debit to your Account, we will not be responsible for subsequent unauthorized transactions by
the same wrongdoer if we act in good faith. Without regard to care or lack of care by either you or us, if you do not
discover and report an unauthorized signature, alteration, forgery, counterfeit check or other unauthorized debit
to your Account within sixty (60) days after the date of your statement or the date on which information about the
Item or transaction is made available to you, whichever is earlier, you are precluded from asserting the unauthorized
transaction against us. For Substitute Checks, you must notify us within forty (40) days to qualify for an expedited
credit (see section titled Substitute Checks and Your Rights).
If you claim a credit or refund because of an unauthorized transaction, we will require written conrmation
of your claim, including an adavit signed by you on a form acceptable to us. You also agree to make a report to
the police and to provide us with the copy of the report upon request. We will have a reasonable period of time to
investigate the circumstances surrounding any claimed loss. During our investigation, we will have no obligation to
provisionally credit your Account.
Notices
We inform you of changes aecting your rights and obligations by providing a change of terms notice to
you. In some cases, we also may post a notice of a change in our banking oces or on our website. We either mail
the notice to you at the address we have for you on our records or, if we have agreed on this method, we provide it
to you electronically. We may include a notice with or on your statement. If a notice of a change of this Agreement is
returned to us (including a notice sent on or with a statement), you agree that the change contained in the notice is
still eective and binding on you. For Accounts with more than one owner, we may send notices to any one co-owner.
A notice sent to any one owner is eective for all.
If statements or notices are returned to us undelivered, we may destroy them and discontinue further mailings
until you notify us in writing of your new mailing address.
Additional Terms and Services
Change of Address
You must furnish your mailing address whenever you open an Account with the Bank and you must provide us
with a new mailing address whenever the last one you gave us is no longer correct. If you wish to use any of our online
services you will need to provide us with your email address and with your new email address whenever the email
address you gave us is no longer correct. We are not responsible for any loss caused if you give us an incorrect address
or email address, or if you do not give us a new mailing address or email address.
Compliance
You agree to comply with applicable laws and regulations. You may not use your Account or related services for
any illegal transaction or activity, such as those prohibited by the Unlawful Internet Gambling Enforcement Act and
the United States economic sanctions laws and regulations, including regulations issued by the Oce of Foreign Asset
Control (OFAC) of the U.S. Department of the Treasury, and Executive Orders issued by the President of the United
States.
You agree to indemnify us from any action, proceeding, claim, loss, cost, and expense incurred by us due to any
U.S. or foreign government entity seizing or freezing any of your Accounts or funds caused by your action or inaction.
How Checking Accounts Are Maintained
For our internal accounting purposes, consumer checking Accounts will consist of two sub-Accounts: a
checking sub-Account and a savings sub-Account. The Bank may periodically transfer funds between these two sub-
Accounts. On a sixth (6th) transfer during a calendar month, any funds in the savings sub-Account will be transferred
back to the checking sub-Account. If your Account is a type on which interest is paid, your calculation will remain the
same. Otherwise, the savings sub-Account will be non-interest bearing. The savings sub-Account will be governed by
the rules governing our other savings Accounts. This process will not aect your available balance, the interest you
may earn, FDIC insurance protection, or your monthly statement.
Legal Process
We may accept and act on any legal process that we believe to be valid without any liability by us to you,
whether served in person, by mail, by facsimile transmission, or by other means at a location other than the oce at
which the Account, property, or records are held. “Legal process” includes a subpoena, restraining order, injunction,
writ of attachment or execution, levy, garnishment, tax- withholding order, search warrant, forfeiture, or other similar
order relating to your Account. You direct us not to contest the legal process. We may but are not required to give you
notice of any such legal process except as required by law and will not do so if prohibited by law.
We will hold and turn over funds or other property to the court or creditor as directed by the legal process. If
we use funds from a certicate of deposit, we may impose an early withdrawal penalty. We may charge your Account
a legal process fee for each order. You agree to pay us our fees and expenses for research and copying of documents
and all other expenses, including administrative expenses that we incur in responding to any legal process related to
your Account. These may include attorneys’ fees. We may deduct these fees and expenses from any of your Accounts
without prior notice to you. Any garnishment, attachment or other levy against your Account is subject to our right of
seto and any security interest we have in the Account. We are not liable to you for not paying Items because we have
held or withdrawn funds from your Account or in any way restricted your access to funds because of a legal process.
If we receive a subpoena or other legal process for information about your Account, which we believe requires
our compliance, we may release the information. If the legal process requests information about one Account owner
or signer, we may release information about other co-owners or signers, even if the legal process does not cover the
other co-owners or signers.
Overdrafts
An overdraft is created when you have insucient funds in your Account to pay a check, withdrawal, automatic
transfer, electronic transaction (e.g., ATM or point-of-sale (POS) purchase), returned deposited Item, or any other
electronic purchase, payment, or debit.
We pay overdrafts at our discretion, which means we do not guarantee that we will always, or ever, authorize
and pay them. We may pay all, some, or none of your overdrafts without notice to you. You are in the best position to
ensure that your Account has sucient funds to pay any check or other debit by maintaining an accurate and current
record of your deposits and withdrawals. You have the ability to update your current and available Account balances
through any Brookline Bank ATM, Telephone Banking, Online Banking, by contacting any oce or by calling us at 877-
668-2265 prior to writing a check, withdrawing cash, or initiating any electronic or debit transaction. Current and
available balances do not include outstanding checks or debits not yet submitted to the Bank. Payment of an overdraft
creates a debt owed to the Bank. The amount owed includes applicable fees and the amount of the Item(s) paid.
When we receive a check or process an ACH payment request to debit your Account, and your account has a
non-sucient available balance to pay the check or payment request, we may charge you Paid Item Fees (as such term
is dened in the Service Fees section of the Accounts Disclosure) when that check or payment request attempts to
clear your Account. When your check or payment request is returned for non-sucient funds, your check or payment
request may be presented and re-presented to your Account for payment multiple times. You will not be charged a fee
for any Insucient Funds Item that we return. You will be charged a Paid Item Charge if we pay an Insucient Funds
Item.
If you have multiple overdrafts on any given day, we may honor any one or more overdrafts and return the
others in any order. Multiple Paid Item fees can be charged against your Account per day on these occasions. The
Paid Item fees for all transactions shall be limited to no more than ve (5) per day. In addition, if any individual Item
7
is $50.00 or less, or any individual Item overdraws your Account by $50.00 or less, you will not be charged a fee. The
specic fees are disclosed in the Service Fees section of the Accounts Disclosure and are subject to change from time
to time.
The Bank is not responsible for notifying you prior to incurring a Paid Item Fee due to Insucient/Unavailable
Funds. Once you are notied that your Account is overdrawn, you will be required to repay the Bank or to deposit
sucient funds to cover the overdraft and all related fees. You agree and acknowledge that the Paid Item Fee is
designed to compensate the Bank for its costs in processing overdraft Items and to compensate the Bank for its risk in
electing, at its discretion, to pay certain overdrafts. You further agree that Paid Item fees do not constitute a penalty.
If you fail to reimburse the Bank for the overdraft and related fees, we will be entitled to recover our expenses in
collecting the overdraft and fees; and any related charges including, without limitation, attorney’s fees and legal
costs. The payment of one or more overdrafts does not obligate the Bank to honor or pay future overdrafts, and you
should not rely upon the Bank to honor or pay any overdraft. As to any Account with multiple owners, each owner
agrees that they are jointly and severally liable for any overdraft paid by the Bank and subsequent Paid Item fees. Each
owner also agrees that the Bank may debit funds from any other Account held by such owners to repay the overdraft
and any related fees.
Overdraft Privilege
Overdraft Privilege is a service that the Bank may, but is not required to, use to pay checks and other
withdrawal requests that would otherwise overdraw your checking Account (or would exceed any Overdraft
Protection or Overdraft Line of Credit that you have established for the Account). Typically, the Bank limits Overdraft
Privilege on consumer checking Accounts to $800.00 and oers the service on certain account types only after: (1) an
Account has been open for thirty (30) days; and (2) has had at least $400.00 in deposits made to the Account; and (3)
has incurred no prior overdrafts. The Bank retains the discretion to decline payment of Items or transactions that will
overdraw your Account, and may remove Overdraft Privilege from your Account at any time and without notice to you.
By federal law, banks are required to separate transactions into two categories when applying Overdraft
Privilege: (1) one-time debit card transactions and ATM withdrawals, and (2) checks, ACH, recurring debit card
transactions, and all other types of transfers and withdrawals.
One-time debit card transactions and ATM withdrawals
These types of transactions are not automatically covered by the Overdraft Privilege service. You will be
required to “Opt-In” if you want the Bank to consider paying these types of transactions. If you “Opt-In” for these
transactions, a fee will apply if the transaction is paid (Paid Item Fee) using Overdraft Privilege. The specic fees are
disclosed in the Service Fees section of the Accounts Disclosure. If you do not “Opt-In”, the Bank will automatically
decline or reject any of these transactions that would overdraw your Account.
To “Opt-In”, or subsequently “Opt-Out” of Overdraft Privilege for ATM withdrawals and one-time debit
card transactions, you may notify the Bank by calling us at 877-668-2265, visiting an oce, or our website at
brooklinebank.com. You may revoke your Opt-In or Opt-Out at any time by notifying the Bank through the same
channels listed above. Your decision to Opt-In or Opt-Out of Overdraft Privilege will be eective the next business day
after we receive your notice, and will apply to all transactions initiated after we have aected such notice.
Checks, ACH, recurring debit card transactions, and all other types of transfers and withdrawals
These types of transactions are automatically included in the standard Overdraft Privilege service. If you wish
to Opt-Out of Overdraft Privilege for these specic types of transactions you must notify the Bank. If you Opt-Out,
all of your checks, ACH, recurring debit card transactions and all other transfers and withdrawals will generally be
returned unpaid or declined. However, recurring debit card transactions that are authorized when funds are available
in your Account but post at a later date when funds are no longer available, may overdraw your Account and these
Items will be subject to Paid Item Fees even if you are Opted Out of the Overdraft Privilege service. The Paid Item fee
for Insucient/Unavailable Funds will apply when the checks or transactions are paid. This specic fee is disclosed in
the Service Fees section of the Accounts Disclosure.
You will not be charged more than one Overdraft Fee (Paid Item Fee) for any check or payment request,
regardless of whether we are once again returning an Item that had been previously returned unpaid due to a non-
sucient available balance, or paying an Item when you have a non-sucient available balance and we had previously
returned, rejected, or declined the Item and had previously charged a Returned Item Fee for the Item. We have no
obligation to notify you if we honor, pay, return or decline an Item or transaction for a non-sucient available balance.
To Opt-Out of Overdraft Privilege for check, ACH, recurring debit card transactions, and all other Items, you
may notify the Bank by calling us at 877- 668-2265 or visiting our nearest oce. You may revoke this decision at any
time. Your decision to Opt-Out or Opt-In to Overdraft Privilege will be eective the next business day after we receive
your notice, and will apply to all transactions initiated after we have aected such notice.
Overdraft Protection
Overdraft Protection is a service that automatically transfers funds to a qualifying deposit Account to cover
an overdraft by one or more of the following methods: (i) transfer of funds from a designated Overdraft Line of
Credit Account; (ii) transfer of funds from a designated checking, money market or savings Account; (iii) transfer
of funds from a designated Overdraft Line of Credit Account rst and if funds are not available, from a designated
checking, money market or savings Account; or (iv) transfer of funds from a designated checking, money market or
savings Account rst and if funds are not available, from a designated Overdraft Line of Credit Account. When both
a designated deposit Account and a designated Overdraft Line of Credit Account are linked, the balance in either
Account must be sucient to cover the overdraft in full before a transfer can be made. The balances in the dierent
Accounts will not be combined to cover the overdraft. Overdraft Line of Credit Accounts are subject to qualication
and the terms and conditions contained in the applicable credit agreement, please refer to the Overdraft Line of Credit
Agreement for more information. All fees applicable to your Overdraft Line of Credit Account are also contained in the
agreement.
Overdraft Protection may not be available to cover an overdraft if you have exceeded your credit limit or
available checking, money market or savings Account balance. If your Overdraft Protection is not available, you will be
charged the applicable Paid Item fees for Insucient/Unavailable Funds as disclosed in the Service Fees section of the
Accounts Disclosure.
You will be charged a Paid Item Fee if we honor or pay an Item or transaction when you have a non-sucient
available balance but only if you were not previously charged a Returned Item Fee when the Item or transaction was
previously returned, rejected, or declined. We have no obligation to notify you if we honor, pay, return or decline an
Item or transaction for a non-sucient available balance.
If a check/debit or other Item is presented against your checking Account when there is an insucient balance
to pay the Item, funds will be automatically transferred from your designated Overdraft Protection option to the
checking Account, in the amount needed to pay the overdraft amount. If there are not enough funds to pay the entire
amount of the overdraft or the Overdraft Protection has been terminated, blocked or modied, your Items may be
returned unpaid in accordance with your overdraft decision for the overdraft process. You will be charged a Paid Item
Fee if we honor or pay the Item or transaction when you have a non-sucient available balance, unless you were
previously charged a Returned Item Fee when the Item or transaction was previously returned, rejected, or declined.
We have no obligation to notify you if we honor, pay, return or decline an Item or transaction for a non-sucient
available balance.
Each transfer from a checking, savings or money market Account designated as Overdraft Protection may be
subject to the Overdraft Protection Transfer Fee as described in the Service Fees section of the Accounts Disclosure. The
Bank reserves the right to return any overdraft that cannot be covered by an Overdraft Protection transfer from your
credit line or designated checking, money market, or savings Account. Each overdraft Item that cannot be covered
by your designated Overdraft Protection option will be subject to the Bank’s current Paid Item fee for Insucient/
Unavailable Funds in accordance with your overdraft decision for the overdraft process.
Order of Posting
We generally process and pay presented checks that you write from your Account in the order in which they are
received by using the date and time of when the transaction was authorized. If multiple transactions have the same
date and time, then they are posted in low to high dollar amount order.
We may establish dierent processing orders for other transactions; therefore, transactions may not be
processed in the order in which they occurred and the order in which transactions are received and processed may
result in more Insucient Funds Items and more Paid Item fees than other processing orders.
You will not be charged more than one Overdraft Fee for any check or payment request, regardless of whether
we are once again returning an Item that had been previously returned unpaid due to a non-sucient available
balance, or paying an Item when you have a non-sucient available balance and we had previously returned, rejected,
or declined the Item and had previously charged a Returned Item Fee for the Item.
Seto and Security Interest
Seto – If you have any debts due to us or amounts you owe us, then we reserve the right of seto, or to use
funds in your deposit Account to pay any debts or amounts you owe us, even if withdrawal results in an interest
penalty or dishonor of subsequent checks. For joint Accounts, we may exercise our right against the entire balance to
pay the individual debts of any one owner of the Account. You and your joint Account owners agree that the bank may
use the funds in your individual or joint Accounts to satisfy obligations of the joint Account. If you are a sole proprietor,
we may charge any of your personal or business Accounts. If your business is a partnership, we may also charge the
personal Accounts of any general partner. Any garnishment or other levy against your Account(s) is subject to the
Bank’s right of seto and any security interest the bank may have.
To the extent not prohibited by law, the Bank may exercise its right of seto against any deposit regardless
of its source, including deposit of social security, disability or other government benets normally protected from
creditor claims, and you expressly acknowledge and agree that such seto is permissible and to waive your rights to
such protection. This provision does not apply to IRA or tax-qualied retirement Accounts, to consumer credit card
obligations, or where otherwise prohibited by law.
Security Interest – You grant us a security interest in your Account for amounts owing to us under this
Agreement by any owner. This provision does not apply to IRA or tax-qualied retirement Accounts, or where
otherwise prohibited by law.
Inactive Accounts
Your checking and money market Accounts will be considered inactive if you have not made a physical deposit
or withdrawal to or from the Account for one (1) year. Your savings Accounts will be considered inactive if you have not
made a physical deposit or withdrawal to or from the Account for three (3) years. Automatic deposits and withdrawals
are not considered to be a transaction performed by you. You may reinstate the status of your Account to active by
making a deposit or withdrawal to the Account or by communicating in writing with us regarding your Account.
All Accounts are subject to service charges described in the Fee Schedule, whether or not the Account is active.
Unclaimed Property
Most states have established rules and regulations regarding unclaimed property or escheatment (“Unclaimed
Property”) for residents of those states. Your home state (“Home State”) for purposes of the Unclaimed Property
rules is the state of your physical address on your Account. For example, if your address is 1234 Main Street in Boston,
Massachusetts, your home state is Massachusetts. If we have not received communication from you, or, if there
has not been any activity in your Account for the period of time established by the laws of your Home State, we are
required by law to distribute the Account balance to the designated ocial in your Home State. This process is referred
to as “escheatment”. Your Account is considered to have activity if you make at least one deposit or withdrawal
annually, or, you contact us. For purposes of the Unclaimed Property laws, Account activity must be active, i.e. you
must perform a deposit or withdrawal; automatic deposits or withdrawals are not considered activity under the
Unclaimed Property laws. Please refer to the Unclaimed Property laws of your state for more information.
If your Account is approaching the designated time frame to be escheated, we will mail you a notice at the
8
address we have on le for you as required by law. We may make other eorts to provide notice to you, consistent with
the laws of your Home State. If your Account funds are escheated, we may impose a fee as described in the Service
Fees section of our Accounts Disclosures. Once the funds are escheated to the state, we are not liable to you for the
funds and any questions regarding the funds should be directed to the applicable state Unclaimed Property oce.
Wire Transfers and ACH
Wires – This agreement is subject to Article 4A of the Uniform Commercial Code - Fund Transfers as adopted
in the Commonwealth of Massachusetts. If you originate a fund transfer for which Fedwire is used, and you identify
by name and number a beneciary nancial institution, an intermediary nancial institution or a beneciary, we, and
every receiving or beneciary nancial institution may rely on the identifying number to make payment. We may rely
on the number even if it identies a nancial institution, person, or Account other than the one named.
ACH (Automated Clearing House) Credits and Debits – For each ACH transaction, you agree that the transaction is
subject to the National Automated Clearing House Association (“NACHA”) Operating Rules and any local ACH operating
rule then in eect. These rules provide, among other things that payments made to you, or originated by you, are
provisional until nal settlement is made through a Federal Reserve Bank or payment is otherwise made as provided
in Article 4A-403 (a) of the Uniform Commercial Code. If we do not receive such payment, we are entitled to a refund
from you in the amount credited to your Account, and the party originating such payment will not be considered to
have paid the amount so credited. If we receive a credit to an Account you have with us by wire or ACH, we are not
required to give you any notice of the payment order or credit.
II. Funds Availability Disclosure
In general, our policy is to make funds from your cash and check deposits available to you on the rst (1st)
business day after the day we receive your deposit. Electronic direct deposits, wire transfers received by 5:00 p.m. and
cash deposits made in person with a bank teller or at a Brookline Bank ATM will be available on the day we receive
your deposit. There may be circumstances when we need to impose a longer availability period and we will provide
you notice. Once the funds are available, you can withdraw them in cash and we will use the funds to pay checks that
you have written and other debits that you have authorized.
Determining the Availability of a Deposit
To determine the availability of your deposits, every day is a business day, except Saturdays, Sundays, and
federal holidays. If you make a deposit with a bank teller on business days that we are open, we will consider that to
be the day of your deposit. However, if you make a deposit on a day we are not open, we will consider that the deposit
was made on the next business day. For deposits made through your mobile device prior to 7:00 p.m. eastern time on a
business day we are open, we will consider that day to be the day of deposit. However, if you make the deposit through
your mobile device after 7:00 p.m. or on a day we are not open, we will consider that the deposit was made on the next
business day. For deposits made at Brookline Bank ATMs, the earliest cuto time that may apply is 3:00 p.m.
We will not accept cash deposits by mail. Check deposits made by mail should be addressed to:
Brookline Bank
Attn: Mail Deposits
P.O. Box 470469
Brookline MA 02447
Check deposits that are mailed to us are considered deposited on the business day we receive them. Deposits
placed in a night depository are considered received when we remove them from the night depository. We will remove
deposits no later than the next business day.
Same-Day Availability
Funds from the following deposits are available on the same day they are deposited:
• Electronic Direct Deposits;
• Wire transfers received prior to 5:00 p.m.;
• Checks drawn on this institution (unless funds are not available in the Account on which the check is drawn; or
if the check is drawn on a Brookline Bank customer’s controlled disbursement account);
• Cash deposits made at a Brookline Bank ATM; and
• Cash deposits made at a teller window.
If you do not make your deposit in person to one of our tellers (for example, if you mail the deposit), funds from
these deposits will be available on the rst business day after the day of your deposit.
Longer Delays May Apply
Funds you deposit by check may be delayed for a longer period under the following circumstances:
• You deposit checks totaling more than $5,525 on any one day.
• We believe a check you deposit will not be paid.
• You redeposit a check that has been returned unpaid.
• You have overdrawn your Account repeatedly in the last six (6) months as described below:
1. On six or more banking days within the preceding six months, the account balance is negative, or the
account balance would have become negative if checks or other charges to the account had been paid;
or
2. On two or more banking days within the preceding six months, the account balance is negative, or the
account balance would have become negative, in the amount of $5,525 or more, if checks or other
charges to the account had been paid.
• There is an emergency, such as failure of communications or computer equipment.
We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you
when the funds will be available. They will generally be available no later than the fth (5th) business day after the
day of your deposit. If the decision to delay availability is not made at the time you make the deposit, we will mail you
a notice by the rst (1st) business day after we receive your deposit. The notice will tell you when the funds will be
available.
Special Rules for New Accounts
If you are a new customer, the following special rules will apply during the rst thirty (30) days your Account
is open.
Funds from electronic direct deposits into your Account, wire transfers received by 5:00 p.m., and cash deposits
made in person to one of our employees or at a Brookline Bank ATM will be available on the day we receive the deposit.
The first $5,525 of a day’s total deposits of cashier’s, certified, teller’s and federal, state, and local government checks
and postal money orders will be available on the first (1st) business day after the day of your deposit, if the deposit
meets certain conditions. For example, the checks must be payable to you. The excess over $5,525 will be available no
later than the fifth (5th) business day after the day of your deposit. If your deposit of these checks (other than a U.S.
Treasury check) is not made in person to one of our tellers, the first $5,525 will not be available until the second (2nd)
business day after the day of your deposit. Funds from all other check deposits will be available no later than the fifth
(5th) business day after the day of deposit.
New Online Accounts:
The initial electronic deposit made during the Online Account Opening is processed as an ACH debit to one
of your other accounts with us, or as an ACH debit to an account at another bank. If you are debiting your account at
another bank to initially fund the account, we will credit your new Online Account provisionally and the funds may not
be available until the sending bank gives us nal credit. We will make the funds available to you no later than the fth
(5th) business day after the day that the deposit is provisionally credited to your new account. You agree that we may
reverse our provisional credit if the sending bank does not give us nal payment.
Hold on Other Funds
If we cash a check for you that is drawn on another bank, we may withhold the availability of a corresponding
amount of funds that are already in your Account. If we accept for deposit a check that is drawn on another bank,
we may make funds from the deposit available for withdrawal immediately, but delay your ability to withdraw a
corresponding amount of funds that you have on deposit in another Account with us. In either case, we make these
funds available in accordance with our policy described above for the type of check that was cashed or deposited.
Foreign Items
The processing and collection of foreign checks or Items are not subject to U.S. laws or regulations, including
collection or return time periods. We reserve the right to accept any checks drawn on a nancial institution not located
in the United States (including Canadian nancial institutions) on a collection basis only. Items accepted for collection
are normally credited to your Account only after we have received payment for them. If we do agree to credit your
account in advance and do not receive payment for the Item, we will debit your Account for the amount of the Item
and any fees. Fees for processing collection Items apply even if the collection Item is returned unpaid.
For each Item sent, we will assess a collection charge plus any collection fees charged to us by other nancial
institutions that process the Item(s). Checks that are sent for collection are subject to payment by the Drawee
Bank and are generally available within thirty (30) calendar days, but may take longer. If the check you present for
collection is payable in foreign currency, we will credit your Account in U.S. currency at the foreign exchange rate
applied by our Foreign Exchange department minus our collection fee and any collection fees assessed by other
nancial institutions or payers.
If we accept a foreign check for deposit or collection, you assume all risks associated with the collection process
and foreign currency uctuations. A foreign check may be returned unpaid much later (in some cases, several months
later) than Items drawn on U.S. Banks. If a foreign Item is sent for collection and paid, then returned later for fraud, we
will debit your account for the Item as well as any fees assessed by the foreign bank.
Other Provisions
From time to time, a deposited check may be returned unpaid after we make funds available to you. Please
remember that even after we have provisionally made funds available to you, and you have withdrawn the funds, you
are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your
deposit. If a check you deposit is returned to us unpaid, you will have to repay us and we may charge your Account for
the amount of the check even if doing so overdraws your Account.
III. Electronic Funds Transfer Agreement
This Electronic Funds Transfer Agreement (the “Agreement”) sets forth your rights and responsibilities with
regard to your use of electronic transfer services, such as preauthorized credits or payments, telephone transfers,
mobile and online banking, bill payment services, external transfers and use of a Brookline Bank ATM Card and
Mastercard® Debit Card. We will call both of these cards, “Card”, in this Agreement.
Indicated below are the types of Electronic Funds Transfers (EFTs) we are capable of handling, some of which
may not apply to your Account. Please read this Agreement carefully because it tells you your rights and obligations for
the transactions listed. Our online and mobile banking, external transfers, and bill payment services are also governed
by our Online Banking EULA. You should keep this Agreement for future reference.
Applicable Law
Your and our rights under this Agreement are governed by and interpreted according to federal and
Commonwealth of Massachusetts laws. If state and federal laws are inconsistent or if federal law preempts state law,
federal law governs.
Amendments and Termination
We may change this Agreement at any time. We will send you advance notice of the change, unless the change
9
is favorable to you. In this case, we may make the change at any time without advance notice. We reserve the right
to terminate the use of our EFT services for any reason and at any time, and will notify you. You also may terminate
this Agreement at any time by calling us at 877-668-2265. Any termination of your use of our EFT services, whether
initiated by you or us, will not aect any of your rights or our rights and obligations under this Agreement, which have
arisen before the eective date of the termination.
Use of EFT Services
You are eligible to use any EFT services if you designate and maintain a checking or money market Account as
your primary Account, and you may also designate other eligible Accounts for use with some of these services. You
may choose to access any of the following types of Accounts: any checking, savings, or money market.
If you are requesting a Debit Card, you must choose a checking or money market account as your primary
designated Account. Savings Accounts cannot be used for debit purchases, POS transactions, or bill payments. All
Accounts are subject to the rules and regulations governing that type of Account.
Ownership and Use of Cards
The Card, which we issue to you, will remain our property, and you may not transfer it to any other person. You
agree to return the Card to us immediately upon demand or upon termination of this Agreement. We will program
the machines in which your Card can be used to retain your Card following the termination of this Agreement and in
certain other events. You agree that if you permit another person to perform any EFT service with your Card or PIN, you
are responsible for any EFT service performed and charges incurred by such person, even if that person exceeds your
authorization.
Joint Accounts
If your checking, savings or money market Account is jointly owned with one or more other person, each of you
is subject to this Agreement and each of you is individually and jointly responsible for all obligations arising from the
use of your Card.
Fraud Monitoring
We subscribe to various services that help us identify and prevent card fraud. Among other things, these
services identify transactions that are outside of normal cardholder habits and outside of where the cardholder
normally uses their Card. If you plan to travel outside of your normal residential or work area, please call us at 877-
668-2265 before you travel, so that we can note that there may be charges occurring outside of where you would
normally transact. These services may contact you directly via text, email or by phone to conrm or deny instances
of fraud. Even though we use such services, you must still monitor your account activity carefully and notify us of any
unauthorized transactions.
Business Days
For purposes of these electronic banking disclosures, the term “business day” refers to every day, except
Saturdays, Sundays and federal holidays.
Types of Electronic Funds Transfers
The following are types of electronic funds transactions available to you. Please note that not all services
may be available at all terminals. Additionally, you may have chosen to limit electronic access to only some of your
Accounts.
Preauthorized Credits
You may make arrangements with third parties for certain direct deposits to be made to your checking, money
market, or savings Account(s).
Preauthorized Payments
You may make arrangements with third parties to pay certain recurring bills from your checking, money
market, or savings Account(s).
Electronic Check Conversion
You may authorize a merchant or other payee to make a one-time electronic payment from your checking
Account using information from your check to pay for purchases or to pay bills. Here are some instances in which your
check will result in an electronic funds transfer by capturing certain information, such as routing, Account, and serial
numbers:
• You purchase goods or services and authorize the merchant or service provider to convert your check to an
electronic funds transfer simply by accepting the goods or services for purchase. This authorization may be
implied by a posted sign at the merchant’s establishment, for example, or a written notice that is placed on
your monthly bill from the merchants.
• At the time you authorize a merchant or service provider to convert your check to an electronic funds transfer,
you may also be asked to authorize the merchant or service provider to collect electronically a charge in the
event the check is returned for insucient funds.
If you have a dispute relating to the authority of a payee on a check to generate an electronic funds transfer
from your checking Account instead of presenting the check, then you should address the matter with the payee, since
we do not have the discretion to deny electronic payments in the normal course of business.
Telephone Transfers
You may access your Account(s) by telephone 24 hours a day, 7 (seven) days a week, by calling Brookline Bank
at 888-730-3554. You may transfer funds between your checking, money market and savings Accounts.
We agree to transfer money between your selected Accounts upon your telephone request provided that:
1. you have entered all identication information requested at the time you wish to use this service; and
2. you have sucient funds available in the deposit Account you are transferring from at the time of the request.
Online Banking Services
When you enroll in one or all of our Online Banking Services (the “Online Banking Services” which collectively
include Online Banking, Bill Pay, External Transfers, Mobile Banking and Mobile Check Deposit) and agree to the
terms of the applicable Account agreements or disclosures, you may use your User ID and Password to engage in any
of the following transactions or activities, all in accordance with the terms and conditions of the applicable Account
agreements; access Account and balance information; transfer funds between certain designated Accounts; make
loan payments; pay bills; receive electronic bills; deposit checks via your mobile device; view images of your deposits,
deposited checks, and paid checks; change your email address, mailing address and phone number(s) with us; place a
stop payment on a check written by you; view and download electronic statements and notices; move money between
banks; pay people; and export to third-party software such as Quicken®.
ATM/Debit Card Transactions
Using your ATM or Debit Card, and PIN, you may:
• make deposits to designated Accounts at our ATMs;
• get cash withdrawals from designated Accounts;
• transfer funds between your designated checking, savings, and money market Accounts;
• get information about the Account balance of your designated Accounts; and
• access your designated checking or money market Account to purchase goods, services and get cash back at
point-of-sale (POS) terminals. Some of these services may not be available at all terminals. If you have a Debit
Card, you can also use your Card to perform the following functions:
• Get cash advances in amounts up to your individual daily transaction limit from participating nancial
institutions and others that are authorized to make Mastercard® cash advances. Such advances are
automatically deducted from your designated checking or money market Account.
• Purchase goods and services wherever Mastercard® Debit is accepted in amounts up to your individual
daily transaction limit. Such purchases are automatically deducted from your designated checking or
money market Account. All purchases and cash advances are aggregated for purposes of your individual
daily transaction limit.
For debit card purchase transactions, the merchant may request an authorization from us. If we approve
the request, we will reduce the amount of funds available to spend before incurring a fee, from the date of your
transaction until payment is requested from us through the Mastercard® system. Some merchants (e.g. hotels,
restaurants, gas stations, car rental companies) estimate the authorization amount, which will result in a balance
reduction that may be less or greater than the exact amount of your nal purchase. Any funds we have associated with
the pending transaction will not be available for withdrawal during the period between authorization and payment
without incurring a fee for overdrawing the account. This reduction on available funds (before incurring a fee) will be
in eect for no more than three (3) business days. When payment is requested through the Mastercard® system, the
purchase amount will be debited from your designated checking or money market Account.
Foreign Transactions
When your Debit/ATM Card is used for an international transaction in foreign currency, Mastercard®
international will convert the transaction amount from the foreign currency amount to U.S. dollars, in accordance with
its currency transaction procedures set forth in its operating regulations at the time the transaction is processed.
Currently, those regulations provide that the currency exchange rate is either:
1. a wholesale exchange rate selected by Mastercard®; or
2. a government-mandated exchange rate in eect for the applicable central processing date, plus Mastercard®
Cross-Border Transaction Fees. The currency exchange in eect on the processing date may dier from the
rate in eect on the transaction date or on the posting date. These fees will be applied to each international
transaction, whether or not foreign currency is converted and may be included in the transaction amount or
displayed as a separate transaction on your monthly statement. You may consult our list of Service Fees for the
current International ATM Transaction fees.
Limitations on Transactions
Cash Withdrawals
Using your Card, you may withdraw up to your withdrawal limit from any combination of designated Accounts
each day. If the available funds in any designated Account total less than the approved daily withdrawal limit, then
only the lesser amount can be withdrawn. At any time, you may provide written request to us that your withdrawal
limit be lowered to as little as $50.00 per day.
Point-of-Sale (POS) and Debit Purchases
Using your Debit Card, you may access your designated checking or money market Account and withdraw
funds to purchase up to your assigned debit limit in goods and services each day. In the case of POS transactions, you
may choose to withdraw an amount of funds that exceeds the amount of your purchase; however, Merchants who
honor POS transactions may also set their own cash-back limits or refuse to honor cash-back transactions.
Availability of Funds
When you do not have available funds in your Account, including your Account Overdraft Protection or
Overdraft Line of Credit, if any, to pay a transaction, we consider the transaction an Insucient Funds Item and will
return the transaction unpaid. If use of your Card results in an overdraft on your Account, you agree to immediately
repay us the amount of the overdraft and any Paid Item fee.
You may be charged a Paid Item Fee if we honor or pay the Item or transaction when you have a non-
sucient available balance, unless you were previously charged a Returned Item Fee when the Item or transaction
was previously returned, rejected, or declined. You will not be charged more than one Overdraft Fee for any Item,
regardless of whether we are once again returning an Item that had been previously returned unpaid due to a non-
sucient available balance, or paying an Item when you have a non-sucient available balance and we had previously
returned, rejected, or declined the Item and had previously charged a Returned Item Fee for the Item. We have no
obligation to notify you if we honor, pay, return or decline an Item or transaction for a non-sucient available balance.
10
Other Limits
We may also limit or refuse to complete your transaction for security reasons or while the terminal is being
serviced.
Advisory Against Illegal Use
You agree not to use your Card for illegal gambling or other illegal purposes. Display of a payment card logo by,
for example, an online merchant does not necessarily mean that transactions are lawful in all jurisdictions in which
the cardholder may be located.
Electronic Banking Fees
We may charge fees for electronic banking services to your deposit Account. The fees can be found in the list of
Service Fees in the Account Disclosures.
Surcharge or Convenience Fees by Others
In addition to the fees set forth in our list of Service Fees, there may be other fees associated with performing
certain transactions at ATMs or POS terminals not owned or operated by us. These other fees are not assessed by
us and will not be waived. Each transaction you complete at an ATM not operated by us may result in a fee, even if
multiple transactions (e.g., balance inquiry and a cash withdrawal) are completed during the same ATM session or
visit. We are a member of the SUM® Program, which means that a surcharge or convenience fee will not be charged if
you use an ATM with the SUM® symbol.
Documentation of Transfers
Electronic Terminal Transfers: You can get a receipt at the time you make any transfer to or from your Account
using an ATM or POS terminal.
Direct Deposit: If you have arranged to have direct deposits made to your Account at least once every sixty (60)
days from the same person or company, you can call us at 877-668-2265 to nd out whether or not the deposit has
been made.
Periodic Statements: You will receive a monthly Account statement from us for your checking, savings and
money market Accounts that will show your electronic funds transfers.
Evidence of Transfer
Any documentation provided to you, which indicates that an EFT was made will be admissible as evidence of
such transfer and will constitute prima facie proof that such transfer was made.
Stopping Preauthorized Payments
The initiation by you of certain electronic fund transfers from your Account will eectively eliminate your
ability to stop payment of the transfer.
UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, YOU (THE CONSUMER) MAY NOT STOP PAYMENT OF
ELECTRONIC FUND TRANSFERS. THEREFORE, YOU SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR PURCHASES
OR SERVICES UNLESS YOU ARE SATISFIED THAT YOU WILL NOT NEED TO STOP PAYMENT.
• Right and Procedures to Stop Preauthorized Payments: If you have told us in advance to make regular payments
out of your Account, you can stop any of these payments. To stop the payment(s), please telephone us at
877-668-2265, or write us at:
Brookline Bank
Attn: Electronic Services
P.O. Box 470469
Brookline MA 02447
Your request must be received three (3) business days or more before the payment is scheduled to be made.
You must tell us the exact dollar amount of the payment. If you call, we may also require you to put your request in
writing and get it to us within 14 days after you call. We will charge you for each stop payment order you give (see our
list of Service Fees).
• Notice of Varying Amounts: If regular payments from your Account may vary in amount, the person you are
going to pay will tell you, ten (10) days before each payment, when it will be made, and how much it will
be. You may choose, however, to get this notice only when the payment would dier by more than a certain
amount from the previous payment, or when the amount would fall outside certain limits set by you.
• Liability for Failure to Stop Payment of Preauthorized Transfer: If you properly order us to stop one of these
payments three (3) business days or more before the transfer is scheduled, and we do not do so, we will
be liable for your losses or damages. Please refer to our Online Banking EULA for information on changing,
canceling, or stopping a bill payment transaction you have previously scheduled.
Your Liability for Unauthorized Transactions
Unauthorized use means the use of your Debit Card by a person other than you, who does not have actual,
implied, or apparent authority for such use, and from which you receive no benet. You must contact us immediately
if you believe your Card, password, Personal Identication Number (PIN), or similar code has been lost, stolen, or
used without your permission, or if you believe that an electronic fund transfer has been or may be made without
your permission using information from your check. Under Mastercard’s® Zero Liability Protection program, you will
not be held responsible for unauthorized Debit Card transactions processed by Mastercard® provided you exercised
reasonable care in safeguarding the Card from risk of loss or theft and, upon becoming aware of such loss or theft,
promptly reported the loss or theft to us.
You can lose no more than $50.00 if you fail to give us notice of your lost or stolen Card and/or PIN or your
Card and/or PIN that has been used without your permission. You should tell us immediately if your statement
shows transactions that you did not make. If you do not tell us within sixty (60) calendar days from the date that
the statement was sent to you, you may not get back any money you lost after the sixty (60) calendar days if we can
prove that we could have stopped the subsequent unauthorized transaction(s) if you had told us in time. If your delay
in notifying us is due to extenuating circumstances (such as a hospital stay), we may extend the times specied to a
reasonable period. This additional limitation on liability does not apply to PIN-based transactions or transactions not
processed by Mastercard®.
Contact in the Event of Unauthorized Transfer
If you think your Card and/or PIN has been lost or stolen or that someone has transferred or may transfer
money from your Account without your permission, please telephone us at 877-668-2265 or write to us at:
Brookline Bank
Attn: ATM Department
P.O. Box 470469
Brookline, MA 02447
You should also call this number or write to this address if you believe an electronic funds transfer has been
made using the information from your check without your permission.
Our Liability for Failure to Complete Transactions
If we do not properly complete a transfer to or from your Account on time or in the correct amount according
to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will
not be liable:
• if through no fault of ours, your Account has insucient available funds to make the transfer;
• if the funds in your Account are subject to legal process, such as garnishment, attachment or other lien; if the
transfer would exceed the credit limit of your Overdraft Line of Credit;
• if the ATM, terminal or system was not working properly, and you knew about the breakdown when you
started the transfer;
• if circumstances beyond our control (such as re, power outage, equipment failure or ood) prevent the
transfer despite reasonable precautions we have taken;
• if the card or PIN has been reported stolen, or we have reason to believe that you or someone else is
attempting to make a transfer for fraudulent or illegal purpose;
• if you or we have terminated the Agreement;
• if your PIN or Card has been canceled, or your designated Account has been closed;
• if the ATM or other banking terminal or system where you were making the transfer does not have enough
cash.
There are other exceptions stated in our agreement(s) with you, which cover the particular type of Account
involved in a specic transaction.
Disclosure of Account Information to Third Parties
In order to protect your privacy, we will not disclose any information about you or your Account(s) to any
person, organization, or agency except:
• where it is necessary to complete the transfer;
• to comply with government agency or court orders or lawful subpoena;
• to our employees, auditors or collection agents in the course of their duties;
• to persons authorized by law in the course of their duties;
• for verication of the existence and condition of your Account for a credit bureau and merchant;
• to a consumer reporting agency as dened in Chapter 93, section 50 of Massachusetts General Laws;
• to certain third parties with whom we have joint marketing agreements; or
• by your written authorization.
In Case of Errors or Questions About Your EFTs
If you think your statement or receipt is wrong or if you need more information about a transfer listed on your
statement or receipt, telephone us at once at 877-668-2265, or as soon as you can, write to:
Brookline Bank
Attention: ATM Department
P.O. Box 470469
Brookline, MA 02447
We must hear from you no later than sixty (60) calendar days after we send or make available to you the FIRST
statement on which the problem or error appeared.
• tell us your name and Account number (if any);
• describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is
an error or why you need more information; and
• tell us the dollar amount of the suspected error and, if you can, the date that the transaction occurred.
If you tell us by phone, we may require that you send us your complaint in writing within ten (10) business days
following the date you notied us. We will determine whether the error occurred within ten (10) business days after
we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-ve
(45) calendar days to investigate your complaint or question. If we decide to do this, we will credit your Account within
ten (10) business days for the amount you think is in error, so that you will have use of the money during the time
it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not
receive it within ten (10) business days, we may not credit your Account.
For errors involving new Accounts, points-of-sale, or foreign-initiated transactions, we may take up to ninety
(90) calendar days to investigate your complaint or question. For new Accounts, we may take up to twenty (20)
business days to credit your Account for the amount you think is in error. For purposes of this paragraph, your Account
11
is considered a new Account for the rst thirty (30) calendar days after the rst deposit is made.
We will send you a written explanation within three (3) business days after we nish our investigation. You
may, at no cost, examine and inspect all documents that we used in our investigation. You may also ask for copies
of the documents we used in the investigation. If the alleged error concerns a transfer to or from a third party (for
example, a Social Security payment), our investigation may be limited to a review of our own records. If we decide that
there was no error, you may want to contact such third party to pursue the matter further.
IV. Substitute Checks and Your Rights
The following provisions help explain some of your rights under the federal law commonly referred to as Check
21.
What Is a Substitute Check?
To make check processing faster, federal law permits banks to replace original checks with “substitute checks.”
These checks are similar in size to original checks with a slightly reduced image of the front and back of the original
check. The front of a substitute check states: “This is a legal copy of your check. You can use it the same way you would
use the original check.” You may use a substitute check as proof of payment just like the original check.
Some or all of the checks that you receive back from us may be substitute checks. This notice describes rights
you have when you receive substitute checks from us. The rights in this notice do not apply to original checks or
electronic debits to your Account. However, you have rights under other laws with respect to those transactions.
What Are My Rights Regarding Substitute Checks?
In certain cases, federal law provides a special procedure that allows you to request a refund for losses you
suer if a substitute check is posted to your Account (for example, if you think that we withdrew the wrong amount
from your Account or that we withdrew money from your Account more than once for the same check). The losses you
may attempt to recover under this procedure may include the amount that was withdrawn from your Account and fees
that were charged as a result of the withdrawal (for example, a Paid Item fee).
The amount of your refund under this procedure is limited to the amount of your loss or the amount of the
substitute check, whichever is less. You also are entitled to interest on the amount of your refund if your Account
is an interest-bearing Account. If your loss exceeds the amount of the substitute check, you may be able to recover
additional amounts under other laws.
If you use this procedure, you may receive up to $2,500.00 of your refund (plus interest if your Account earns
interest) within ten (10) business days after we received your claim and the remainder of your refund (plus interest if
your Account earns interest) not later than forty-ve (45) calendar days after we receive your claim.
We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the
substitute check was correctly posted to your Account.
How Do I Make a Claim for a Refund?
If you believe that you have suered a loss relating to a substitute check that you received and that was posted
to your Account, please contact us at 877-668-2265, or write to us at:
Brookline Bank
Attn: Deposit Services-Adjustments
P.O. Box 470469
Brookline, MA 02447
You must contact us within forty (40) calendar days of the date that we mailed (or otherwise delivered by a
means to which you agreed) the substitute check in question or the Account statement showing that the substitute
check was posted to your Account, whichever is later. We will extend this time period if you were unable to make a
timely claim because of extraordinary circumstances.
Your claim must include:
• a description of why you suered a loss (for example, you think the amount withdrawn was incorrect);
• an estimate of the amount of your loss;
• an explanation of why the substitute check you received is insucient to conrm that you suered a loss; and
• a copy of the substitute check and/or the following information to help us identify the substitute checks: the
check number, the name of the person to whom you wrote the check, and the amount of the check.
V. ATM Safety Tips
We care about making banking convenient for you. We also care about making it safe. So, please keep the
following tips in mind each time you use an ATM.
1. Prepare for your transactions at home to minimize your time at the ATM.
2. Mark each transaction in your account record, but not while at the ATM. Always save your ATM receipts. Do not
leave them at the ATM.
3. Compare your records with the account statements you receive.
4. Do not lend your ATM Card to anyone.
5. Remember, do not leave your Card at the ATM.
6. Protect the secrecy of your Personal Identication Number (PIN). Protect your ATM card as though it were cash.
Don’t tell anyone your PIN. Don’t give anyone information regarding your ATM Card or PIN over the telephone.
Never enter your PIN in any ATM that does not look genuine, has been modied, has a suspicious device
attached, or is operating in a suspicious manner. Don’t write your PIN where it can be discovered. For example,
don’t keep a note of your PIN in your wallet or purse.
7. Prevent others from seeing you enter your PIN by using your body to shield their view.
8. If you lose your ATM Card or if it is stolen, promptly notify us. You should consult this Agreement for
information about what to do if your Card is lost or stolen.
9. When you make a transaction, be aware of your surroundings. Look out for suspicious activity near the ATM,
particularly if it is after sunset. At night, be sure that the facility (including the parking area and walkways) is
well lighted. Consider having someone accompany you when you use the ATM, especially after sunset. If you
observe any problem, go to another ATM.
10. Do not accept assistance from anyone you do not know when using an ATM.
11. If you notice anything suspicious or if any other problem arises after you have begun an ATM transaction, you
may want to cancel the transaction, pocket your Card and leave. You might consider using another ATM or
coming back later.
12. Do not display your cash; pocket it as soon as the ATM transaction is completed and count the cash later when
you are in the safety of your own car, home, or other secure surrounding.
13. At a drive-up facility, make sure all the car doors are locked and all of the windows are rolled up, except the
driver’s window. Keep the engine running and remain alert to your surroundings.
We want the ATM and night deposit facility to be safe and convenient for you. Therefore, please tell us if you
know of any problem with a facility. For instance, let us know if a light is not working or there is any damage to a
facility. Please report any suspicious activity or crimes to both the operator of the facility and local law enforcement
ocials immediately.
VI. Identity Theft
Your role is extremely important in the prevention of wrongful use of your Account. If you notice suspicious or
fraudulent activity on your Account, contact us at 877-668-2265 or email us at customerservice@brkl.com to advise
us of the nature of your concern.
If necessary, we can restrict access to your Account, change your Account password, issue new Cards, close your
Account if there is evidence that your Account has been the target of criminal activity, or take other appropriate action.
Below are some other steps you should take to protect your Account(s).
Contact the fraud department of each of the three (3) major credit bureaus to report the identity theft and
request that the credit bureaus place a fraud alert and a victim’s statement in your le. The fraud alert puts creditors
on notice that you have been the victim of fraud, and the victim’s statement asks them not to open additional
Accounts without rst contacting you. The following are the telephone numbers for the fraud departments of the
three (3) national credit bureaus:
• TransUnion: 800-680-7289
• Equifax: 800-525-6285
• Experian: 888-397-3742
You may request a free copy of your credit report from a credit bureau, which must provide a free copy of your
report if you have reason to believe the report is inaccurate because of fraud and you submit a request in writing.
Review your report to make sure no additional fraudulent Accounts have been opened in your name or unauthorized
changes made to your existing Accounts. Also, check the section of your report that lists “inquiries” and request that
any inquiries from companies that opened the fraudulent Accounts be removed.
Contact any creditor where you have an Account that you think may be the subject of identity theft. Advise
them of the identity theft. Request that they restrict access to your Account, change your Account password or close
your Account if there is evidence that your Account has been the target of criminal activity.
Close the Accounts that you know or believe have been tampered with or opened fraudulently. You may le
a report with your local police department. Get a copy of the report to submit to your creditors and others that may
require proof of the crime.
You may le your complaint with the Federal Trade Commission (FTC). The FTC maintains a database of identity
theft cases used by law enforcement agencies for investigation. You may contact the FTC at www.consumer.gov/
idtheft or call their hotline at 877-IDTHEFT (438-4338). Filing a complaint also helps us learn more about identity theft
and the problems victims are having so that we can better assist you.
FACTS
WHAT DOES BROOKLINE BANK DO WITH YOUR PERSONAL INFORMATION?
Why?
Financial companies choose how they share your personal information. Federal law gives
consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we
collect, share, and protect your personal information. Please read this notice carefully to understand
what we do.
What?
The types of personal information we collect and share depend on the product or service you have
with us. This information can include:
• Social Security number and credit history
• Account transactions and overdraft history
• Account balances and transaction history
When you are no longer our customer, we continue to share your information as described in this
notice.
How?
All nancial companies need to share customers’ personal information to run their everyday
business. In the section below, we list the reasons nancial companies can share their customers’
personal information; the reasons Brookline Bank chooses to share; and whether you can limit this
sharing.
PRIVACY POLICY
Rev 09/23
Reasons we can share your personal information
Does Brookline
Bank share?
Can you limit this
sharing?
For our everyday business purposes—such as to process
your transactions, maintain your account(s), respond to court
orders and legal investigations, or report to credit bureaus
YES NO
For our marketing purposes—to offer our products and
services to you
YES NO
For joint marketing with other nancial companies
YES NO
For our afliates’ everyday business purposes—information
about your transactions and experiences
YES NO
For our afliates’ everyday business purposes—information
about your creditworthiness
NO We do not share
For our afliates to market to you
YES YES
For non-affiliates to market to you
NO We do not share
To limit
our sharing
Call our Customer Service Center Toll-Free at 877-668-2265
Please note:
If you are a new customer, we can begin sharing your information 30 days from the date we
sent this notice. When you are no longer our customer, we continue to share your information as
described in this notice. However, you can contact us at any time to limit our sharing.
Questions?
Call our Customer Service Center at 877-668-2265
Page 2
Who we are
What we do
Who is providing this notice? Brookline Bank
How
does Brookline
Bank protect my personal
information?
How does Brookline
Bank collect my personal
information?
• Open an account or apply for a loan
• Use your debit card or provide account and contact information
• Make deposits or withdrawals from your account
We collect your personal information, for example, when you
Why can’t I limit all sharing?
To protect your personal information from unauthorized access and use, we
use security measures that comply with federal law. These measures include
We regularly test and assess our information security measures, train employees
and adopt enhancements as necessary to protect your information.
We also collect your personal information from others, such as credit bureaus or
other companies.
Federal law gives you the right to limit only
•
Sharing for affiliates’ everyday business purposes - information about your
creditworthiness
•
Affiliates from using your information to market to you
•
Sharing for non- affiliates to market to you
State laws and individual companies may give you additional rights to limit
sharing.
What happens when I limit
sharing for an account I hold
jointly with someone else?
Your choices will apply to everyone on your account.
Non-affiliates
• Our affiliates include companies that with us are under common control of
Brookline Bancorp such as Bank Rhode Island
and Clarendon
Private LLC to name a few.
Joint marketing A formal agreement between non-affiliated financial companies that
together market financial products or services to you.
•
Rev 09/23
Member FDIC |
Equal Housing Lender
To request additional information about Brookline Bank’s products and services, please visit your local Brookline
Bank office, call us at 877-668-2265, or visit us online at BrooklineBank.com.
Telephone Banking: 888-730-3554
• Our joint marketing partners may include: mortgage companies, insurance
companies, and investment advisors.
P.O. Box 470469
Brookline, MA 02447-0469
BBM 6002 01/2024
