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DOBOT™ TERMS AND CONDITIONS
This document contains important information about Dobot, so please read it carefully.
THESE TERMS AND CONDITIONS CONTAIN CONSENT TO RECEIVE EMAILS, TEXT MESSAGES, AND PHONE CALLS, AN AUTHORIZATION FOR ELECTRONIC FUND TRANSFERS TO AND FROM YOUR BANK ACCOUNT, AND CONSENT TO ELECTRONIC DISCLOSURES, COMMUNICATIONS, AND SIGNATURES. THESE TERMS AND CONDITIONS ALSO CONTAIN A MANDATORY ARBITRATION PROVISION WITH A CLASS ACTION WAIVER.
BY DECLINING THE TERMS AND CONDITIONS SET FORTH IN THIS DOCUMENT, YOU WILL LOSE ACCESS TO AND MAY NOT USE THE SERVICE.
In accordance with the USA PATRIOT Act, Federal law requires all financial institutions to obtain, verify, and record information that identifies each individual or entity that opens an account. When you use the Service, you may be asked for your name, residence address, Social Security or tax identification number, date of birth, and other information that will allow Fifth Third Bank to identify you. You may also be asked to furnish your driver’s license or other identifying documents.
“Bank Account” means your eligible, designated checking account at a U.S. financial institution which you have linked or do link to the Service via the mobile app or Dobot website.
“Business Day” means Monday through Friday, excluding Federal holidays.
“Dobot Account” means your funds held in a non-interest bearing, FDIC-insured account at Fifth Third.
“We” or “us” or “our” or “Fifth Third” means Fifth Third Bank, National Association.
“You” or “your” means a natural person or entity who uses or accesses the Service.
Eligibility. You represent that you are at least eighteen (18) years of age and that you have the authority to authorize debits from and credits to the Bank Account. You further represent that you have a valid Social Security or U.S. tax ID number and a current U.S. mailing address.
Use of the Service; Termination or Suspension of the Service. The Service is intended for individual and personal use only and is not intended for business or commercial use. We reserve the right to decline your enrollment or suspend or terminate your use of the Service if we believe that you are using the Service for business or commercial purposes, for any unlawful purpose, or for any other purpose prohibited under this Agreement. We further reserve the right to decline your enrollment or suspend or terminate your use of the Service for any other reason in Fifth Third’s sole discretion. Furthermore, we reserve the right to terminate the Service in part or in its entirety at any time.
Non-Interest Bearing Account. You acknowledge that your Dobot Account will not earn interest.
Consent to receive Emails, Text Messages, and Phone Calls. BY PROVIDING YOUR EMAIL ADDRESS OR PHONE NUMBER TO US, YOU EXPRESSLY CONSENT TO RECEIVE EMAILS, TEXT MESSAGES, OR PHONE CALLS RELATED TO THE SERVICE AT THAT EMAIL ADDRESS OR PHONE NUMBER. YOU AGREE TO RECEIVE COMMUNICATIONS FROM US, INCLUDING COMMUNICATIONS MADE USING AN AUTOMATED TELEPHONE DIALING SYSTEM OR ARTIFICIAL OR PRERECORDED VOICE, AT ANY PHONE NUMBER YOU PROVIDE TO US VIA THE SERVICE OR PHONE NUMBERS OF RECORD WITH FIFTH THIRD BANK. WE MAY CONTACT YOU FOR ANY REASON IN ANY WAY RELATED TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, YOUR USE OF THE SERVICE, MARKETING AND ADVERTISING COMMUNICATIONS, AND DEBT COLLECTION. PLEASE NOTE THAT THIRD-PARTY MESSAGE AND DATA RATES MAY APPLY. CONSENT TO RECEIVE COMMUNICATIONS IS NOT A CONDITION OF PURCHASING ANY GOODS OR SERVICES.
Consent to Electronic Disclosures, Communications, and Signatures. You understand and agree that we may provide all of the disclosures and communications related to the Service electronically. In order to use the Service, you must consent to receive all disclosures and communications related to the Service electronically. You agree to print out or download the disclosures and communications related to the Service and keep them for your records. You also agree to electronically sign all agreements and other documents related to the Service.
Variant settings or device types may affect presentation. The use of alternative or “beta” versions may have unpredictable results. If you are unable to print or download any disclosures, you may request paper copies by calling us.
Right to Withdraw Consent. You have the right to withdraw consent at any time by contacting us at 1-800-972-3030. If you withdraw your consent, we will terminate your use of and access to the Service and close your Dobot Account. If you have a balance in your Dobot Account, we will return it to your Bank Account or, if we are unable to return the funds to your Bank Account, we will send you a check to your address we have on record in accordance with the “Termination of the Service” section below.
Disclosures or Communications We May Provide in Connection with the Service. Disclosures or communications related to the Service may include, but are not limited to, terms and conditions, including amendments to these Terms; transaction history or transaction records; notification of electronic fund transfers; disclosures required by law, such as privacy notices or opt-out notices, as applicable; customer service communications; and marketing and advertising communications.
Contact Information. It is your obligation to ensure we have up-to-date contact information so that you receive disclosures and communications. By transmitting disclosures or communications to your email address or phone number of record on the date of the transmission, those disclosures or communications from us will be deemed to have been received by you no later than the first calendar day after the disclosures or communications are transmitted. You must notify us immediately of any change in your email address or phone number by updating your profile in the mobile app.
Right to Revoke ACH Authorization or Cancel a Transaction. You have a right to revoke your authorization for ACH transactions or cancel a particular transaction. You may do so by contacting us at 1-800-972-3030. You must notify us at least three (3) Business Days before any scheduled transaction to or from your Bank Account in order to revoke your authorization or cancel a transaction. If we do not receive notice from you at least three (3) Business Days before a scheduled transaction, we may attempt to cancel the transaction, but we shall have no liability for cancellation or non-cancellation of the transaction.
Effect of Revocation of ACH Authorization. If you revoke your authorization for ACH transactions, we will terminate your use of and access to the Service and close your Dobot Account. If you have a balance in your Dobot Account, we will return them to your Bank Account or, if we are unable to return the funds to your Bank Account, we will send you a check to your address we have on record in accordance with the “Termination of Service” section below.
Amount and Frequency of Transfers. We use a proprietary algorithm to review your Bank Account, and may, in accordance with this ACH authorization, automatically move money from your Bank Account to your Dobot Account, or from your Dobot Account to your Bank Account. Therefore, the amount and frequency of the transfers may vary. Please note however, that it may take several business days for transferred funds to arrive within Dobot. Thus, your Dobot savings may include pending transfers; however, any pending transfer amounts cannot be transferred back into your Bank Account until the pending transfer arrives within Dobot. By agreeing to these Terms, you authorize us to initiate transfers from or to your Bank Account in the range of $0 to $100 per Business Day, up to two (2) times per Business Day. You have a right to receive notice of varying transfer amounts at least ten (10) days before the scheduled date of transfer, but, due to the functionality and automation of the Service, your election to receive such advance notice will result in termination of the Service and closure of your Dobot Account in accordance with the “Termination of Service” section below.
Saving a Copy of This Authorization. You represent that you are capable of saving a copy of this authorization for your records, and that your hardware and software meets the requirements set forth in the “Consent to Electronic Disclosures, Communications, and Signatures” section above.
Cut-Off Time. If you initiate a transfer from your Dobot Account to your Bank Account, the transfer must be submitted by 6:00 p.m. Eastern Time on a Business Day. If a transfer is not initiated by 6:00 p.m. Eastern Time on a Business Day or is initiated on a non-Business Day, the transfer will not occur until the following Business Day. We do not control the timing of funds availability in your non-Fifth Third Bank Account, but please contact us if your Bank Account has not been credited within ten (10) Business Days. For Bank Accounts at Fifth Third, please refer to the “Funds Availability for Transaction Accounts” section of the Deposit Account Rules and Regulations.
Fees. We do not charge a fee to use the Service. However, we cannot make any representations about fees which may be assessed on your Bank Account by the financial institution at which your Bank Account is housed. Please contact your financial institution directly to determine whether fees may apply, such as monthly service fees, fees for ACH credits or debits, or other transaction or service fees.
Termination of the Service. You may close your Dobot Account and terminate the Service at any time by contacting us at 1-800-972-3030 or via the “Contact Us” section of the mobile app. We will close your Dobot Account within four (4) Business Days or as soon as any pending transactions are posted, whichever occurs later. If you have a balance in your Dobot Account when your Dobot Account is closed or the Service is terminated, within four (4) Business Days, we will attempt to return the balance to your Bank Account. If we are unable to return the funds to your Bank Account, we will send you a check to your address we have on record within twelve (12) Business Days of our receipt of information that the transfer to your Bank Account was unsuccessful. Your receipt of funds may be delayed due to circumstances outside of our control. Upon your notice of termination or declination of these Terms, your access to the Service may be suspended.
Dormant and Inactive Accounts. Inactive accounts may be subject to escheatment to the designated state agency in the state of your last address of record with us. For more information about your state’s unclaimed property laws, visit http://www.unclaimed.org.
Change in Terms. We reserve the right to revise, alter, amend, or otherwise change these Terms at any time and you shall be bound by any changes. We will provide notice of changes to you if required by law. The current version of these Terms is available in the Dobot app or on the Dobot website. Continued use of the Service constitutes acceptance of the terms.
Advertisements. The Service may display, or transmit to you electronically (for example, via email or text message), advertisements and/or promotions, now or in the future. These advertisements may reflect information provided by us, third parties, user content, queries, or other information. The manner, mode, and extent of advertisements are subject to change.
Service Disruption. The Service may from time to time be unavailable, delayed, limited, or slowed due to hardware or software failure, app updates, system capacities, damage caused by severe weather or fire, or other reasons outside of our control. Fifth Third shall not be liable in any way related to the Service being unavailable, delayed, limited, or slowed.
Security of Your Username, Password, and Mobile Device. You agree to take every precaution to ensure the safety, security, and integrity of your account and mobile device. You further agree to establish reasonable procedures and controls to limit access to your password or other identifying information to authorized individuals, not to leave your mobile device unattended, not to share your password, and to log out of the Service immediately at the completion of access by you. We will not be liable for any damage resulting from your failure to comply with these requirements.
Security Recommendations. When selecting a password, you should not use nicknames or birthdates that may be easy to guess. Use a combination of letters and numbers, change your password periodically, never share your password, and always log out of the Service when you are finished. We recommend that you lock your mobile device using a PIN or password when you are not using it. We also recommend that you do not store your password on your mobile device.
Lost or Stolen Device or Unauthorized Access. If your mobile device is lost or stolen, or if you believe someone has gained unauthorized access to your username, password, or mobile device, contact us immediately at 1-800-972-3030.
Third-Party Websites. Links to non-Fifth Third websites are provided solely as pointers to information on topics that may be useful to you, and we have no control over the content on such non-Fifth Third websites. We make no warranty, either express or implied, concerning the content of such websites, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor do we warrant such rights of third parties or that such website or website content are devoid of viruses or other contamination. We do not guarantee the authenticity of documents on the Internet. Links to non-Fifth Third website do not necessarily imply any endorsement of or our responsibility for the opinions, ideas, products, information, or services offered at such websites, or any representation regarding the content of such websites.
Additional or Conflicting Terms. There may be additional terms and conditions that are posted in the Dobot mobile app or Dobot website, including, but not limited to, terms and conditions for our referral program. In the event of a conflict between any additional terms and these Terms, these Terms will control. Except that, as related to a Bank Account at Fifth Third, terms governing your Bank Account at Fifth Third, including the Deposit Account Rules and Regulations, shall control in the event of a conflict.
User Content. To the extent you are permitted to submit user content via the Service, you agree that any user content will not infringe on the intellectual property rights of others; does not contain viruses, malware, spyware, spam, or any other injurious software or coding; and is not illegal, obscene, pornographic, defamatory, false, an invasion of privacy, or promotive of illegal activity or harm to yourself or others. We shall have no liability or responsibility for user content.
Infringing User Content. We respect the intellectual property rights of others, and we expect our users to do the same. We will respond expeditiously to claims of copyright infringement committed using the Service if these claims are reported to our Designated Copyright Agent identified below. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under a copyright, please report alleged copyright infringements taking place on or through the Service by completing a notice of alleged infringement and delivering it to our Designated Copyright Agent. Upon receipt of notice as described below, we will take any action, in our sole discretion, we deem appropriate, including removal of the challenged content from the Service.
Notice. For your notice to be valid under the Digital Millennium Copyright Act of 1998 (“DMCA”), you must provide the following information in writing: (1) an electronic or physical signature of a person authorized to act on behalf of the copyright owner; (2) identification of the copyrighted work or works that you claim has been infringed; (3) identification of the material that is claimed to be infringing and where it is located on or in the Service, or a representative list of such works if you intend to cover multiple works in a single notice; (4) information reasonably sufficient to permit use to contact you, such as your address, telephone number, and e-mail address; (5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (6) a statement, made under penalty of perjury, that the information you have submitted is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The required information must be submitted to the following DMCA agent: Fifth Third Legal Department, 38 Fountain Square Plaza, MD 10909F, Cincinnati, OH 45263, (513) 534-4300, or Legal_Deposit.Bancorp@53.com.
Misrepresentations. UNDER UNITED STATES FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Limits of This Procedure. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including but not limited to 17 U.S.C. § 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
Disclaimer and Limitation of Liability. THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT YOU WILL HAVE CONTINUOUS OR UNINTERRUPTED ACCESS TO THE SERVICE OR ITS CONTENT OR FUNCTIONS, OR THAT SUCH FUNCTIONS WILL BE ERROR-FREE, INCLUDING, WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND TITLE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. THESE DISCLAIMERS APPLY TO THE SERVICE AND OTHER INFORMATION RELATED TO THE SERVICE. THIS INCLUDES ANY CONTENT CONTAINED, DISTRIBUTED, LINKED, OR DOWNLOADED FROM THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE SERVICE SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO PERFORM AN ADJUSTMENT TO YOUR DOBOT ACCOUNT OR BANK ACCOUNT, AS DETERMINED APPROPRIATE AND IN OUR DISCRETION, OR REPAIR OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY BY STATE. ANY EXCEPTIONS TO THIS GENERAL DISCLAIMER WOULD BE OUTLINED WITHIN ANY APPLICABLE SERVICE AGREEMENT WILL BE WITHIN OUR SOLE DISCRETION TO CORRECT ANY ERRORS OR TO OMIT ANY PORTION OF THE SERVICES, PRODUCTS, OR MATERIALS CONTAINED HEREIN.
WE OR OUR THIRD-PARTY SERVICE PROVIDERS MAY DISCONTINUE OR MAKE CHANGES TO THE SERVICE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. WE RESERVE THE RIGHT TO TERMINATE ANY OR ALL ASPECTS OF THE SERVICE WITHOUT PRIOR NOTICE TO YOU. FURTHERMORE, BY OFFERING THE SERVICE, NO DISTRIBUTION OR SOLICITATION IS MADE BY US TO ANY PERSON TO USE THE SERVICE IN JURISDICTIONS WHERE THE PROVISION OF THE SERVCE OR ANY ASPECT OF THE SERVICE IS PROHIBITED BY LAW.
WE AND OUR THIRD-PARTY DATA PROVIDERS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED WITHIN THE SERVICE AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. FURTHERMORE, FIFTH THIRD AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN THE SERVICE, ANY INCOMPATIBILITY BETWEEN THE SERVICE AND YOUR FILES AND YOUR BROWSER OR OTHER SITE ACCESSING PROGRAM, ANY LOSS OR DAMAGES INCURRED BY YOU BY THE TRANSMISSION OF YOUR PASSWORD, PIN, ACCESS DEVICE INFORMATION OR CODES OR OTHER PERSONAL INFORMATION BY YOU OR ANYONE BESIDES US, OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND FIFTH THIRD AND ITS AFFILIATES’ CONTROL. NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS.
NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING OUR RESPONSIBILITIES AND OBLIGATIONS TO CUSTOMERS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY, OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE SERVICE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER WE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
Mandatory Arbitration and Class Action Waiver. You and we each agree that any Claim will be arbitrated confidentially instead of litigated in court under the circumstances and procedures set forth below. Any Claim will be resolved pursuant to this provision and the American Arbitration Association (“AAA”) rules and procedures (“Rules”) in effect at the time the Claim is filed. If for any reason the AAA is unable or unwilling or ceases to serve as an arbitration administrator, another nationally recognized arbitration organization utilizing similar rules and procedures will be substituted by us. It is your and our intent that this arbitration provision be construed broadly, including that this arbitration provision includes Claims by you against us or our subsidiaries, affiliates, and third-party vendors.
NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE A CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN PREARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR IN THE AAA RULES OR AS SET FORTH BELOW. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
Claim. “Claim” shall mean any claim, dispute, or controversy between you and us in any way related to the Service, these Terms, or any prior terms or agreement, including the validity, enforceability, or scope of this provision, the Terms, or any prior terms or agreement. Claim includes claims of every kind and nature, including, but not limited to, initial claims, counterclaims, cross-claims, and third-party claims based upon contract, tort, fraud, and other intentional torts, statute, common law, and equity. The term Claim is to be given the broadest possible meaning and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (a) the Service; (b) your Dobot Account; and (c) communications, advertisements, statements, or messages related to the Service or your Dobot Account.
Jury Trial Waiver and Class Action Waiver. You and we agree that, with respect to any Claim, you and we are waiving the right to trial by judge or jury, and are also waiving the right to participate in a class action. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief warranted by that party’s individual Claim. You and we agree that each may bring a claim against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Unless you and we both agree otherwise, the arbitrator may not consolidate more than one person’s Claim, and may not otherwise preside over any form of a representative or class proceeding.
Arbitration Fees and Costs. At your request, we will pay the first $125 of your arbitration fees. You will be solely responsible for your arbitration fees and costs in excess of $125. At the conclusion of the arbitration, the arbitrator will decide who will ultimately be responsible for paying the filing, administrative, and/or hearing fees in connection with the arbitration. Unless inconsistent with applicable law, each party will bear the expense of that party’s attorneys’, experts’, and witness fees, regardless of which party prevails in the arbitration.
Additional Terms. Notwithstanding the foregoing, you or we may bring an individual action in small claims court. You and we acknowledge that this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”). The arbitrator shall follow substantive law to the extent consistent with the FAA and applicable statutes of limitation and shall honor any claims or privileges recognized by law. Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA and except that, if the amount in controversy exceeds $100,000, any party can appeal the award to a three-arbitrator panel administered by the AAA, which will reconsider de novo any aspect of the initial award requested by the appealing party. The decision of the panel will be by majority vote. The costs of such an appeal will be borne by the appealing party regardless of the outcome of the appeal.
AAA Rules. The AAA Rules and forms of the AAA may be obtained by calling 1-800-778-7879 or by visiting the AAA’s website at http://www.adr.org. All Claims must be filed at any AAA office. In the event of a conflict or inconsistency between the AAA Rules and this “Mandatory Arbitration and Class Action Waiver” section, this section will govern.
Survival. The terms of this entire “Mandatory Arbitration and Class Action Waiver” section shall survive any termination, cancellation, or expiration of these Terms or the Service. If any portion of this “Mandatory Arbitration and Class Action Waiver” section is deemed invalid or unenforceable under any law or statute consistent with the FAA, it will not invalidate the remaining portions of this arbitration provision or the Terms.
Assignment. We may transfer, assign, or delegate these Terms and our rights and obligations hereunder without your consent. You may not transfer, assign, or delegate your Dobot Account, or any part thereof, or these Terms or your rights and obligations hereunder without our written consent.
Governing Law. The laws of the United States and the laws of Ohio govern these Terms regardless of your place of residence.
CLICKING AGREE CONSTITUTES YOUR ACKNOWLEDGEMENT OF RECEIPT OF THESE TERMS AND SHALL HAVE THE SAME EFFECT AS A WRITTEN SIGNATURE AGREEING TO THESE TERMS.
Last modified: November 15, 2018
Fifth Third Bank ("Fifth Third" or "We") respects your privacy and we are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you use the Dobot Application or visit the website thedobotapp.com and any other online services offered by the US banking and non-banking affiliates and subsidiaries of Fifth Third (our “Online Services”), as well as our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
- In the Dobot Application
- On www.thedobotapp.com Website
- In email, text, and other electronic messages between you and Dobot.
- Through mobile and desktop Applications you download from our Website, which provide dedicated non-browser-based interaction between you and Dobot.
- When you interact with our advertising on third-party websites and services, if those advertisements include links to our Application or Website.
It does not apply to information collected by:
- us offline or through any other means, including on any other website operated by Fifth Third or any third party (including our affiliates and subsidiaries); or
- any third party, including through any application or content (including advertising) that may link to or be accessible from or on our Online Services. Our Online Services may include links to third-party websites, plug-ins, services, social networks or applications. Clicking on those links or enabling those connections may allow the third party to collect or share data about you. We do not control these third-party websites and we are not responsible for their data collection and use. We strongly encourage you to read the privacy notice of every website you visit.
Our Online Services are intended for a US audience. If you visit or use one of our online services, your information may be processed in the US.
Children Under the Age of 13
Our Online Services are not intended for children under 13 years of age. No one under age 13 should provide any personal information to or on the Dobot Application or the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Application or Website, make any purchases through the Application or Website, use any of the interactive or public comment features of this Application or Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at:Fifth Third Bank
5050 Kingsley Dr., MD# 1MOCOP
Cincinnati, OH 45263
or via our toll-free number:
Information We Collect About You and How We Collect It
Dobot collects certain Personal Information through its Application when you choose to submit such information to us by filling in forms in our Application. This includes information provided at the time of registering to use our Application, details of transactions you carry out through our Application, when applying for products and services in our Application, or when applying for employment positions on our Website. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Application. Such Personal Information may include name, mailing address, email address, telephone number, account number and transaction history, social security number, driver’s license or other government identification numbers. We use information collected through our Application and Website to respond to specific requests for information about our services and other inquiries.
Fifth Third also maintains a log of certain information concerning visitors to our Application and Website, including but not limited to a visitor's IP address (a computer's numerical Internet address), the websites from which visitors access our website, the type of web browsers used to access our website, the device used to access our website and the pages viewed, search queries on the website, and user’s location. Such information may be treated as Personal Information about the visitor in accordance with applicable local law. We collect this information automatically as you navigate through the Application and Website.
Automatic Data Collection Technologies.
The technologies we use for this automatic data collection may include:
- Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
- Web Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
The information we collect automatically helps us to improve our Online Services and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize your experience according to your individual interests.
- Speed up your searches.
- Recognize you when you return to our Application or Website.
The information we collect automatically may be retained for up to 37 months, or such longer period required by applicable law or required pursuant to contract.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
- To present our Application or Website and their contents to you.
- To provide you with information, products, or services that you request from us.
- To fulfill any other purpose for which you provide it.
- To provide you with notices about your account.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to our Application or Website or any products or services we offer or provide though them.
- To allow you to participate in interactive features in our Application or on our Website.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
We may also use your information to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please call 1-800-889-5269 – our menu will prompt you though your choice(s); or visit any Fifth Third Banking Center. For more information, see Choices About How We Use and Disclose Your Information.
We use this information because we have a legitimate business interest in performing the contract that we have entered into with you, your employer or a third party and in providing, managing and administering our Online Services.
Disclosure of Your Information
We may disclose aggregated, anonymized information about our users without restriction.
- To our subsidiaries and affiliates.
- To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Fifth Third's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Fifth Third about our Application or Website users is among the assets transferred.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We may also disclose your personal information:
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- To enforce or apply our Digital Services User Agreement and other agreements, including for billing and collection purposes.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Fifth Third, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
- Promotional Offers from Fifth Third. If you do not wish to have your information used by Fifth Third or its affiliates and subsidiaries to promote our own or third parties' products or services, you can opt-out by calling 1-800-889-5269 – our menu will prompt you though your choice(s); or visit any Fifth Third Banking Center. If we have sent you a promotional email, you may click on the opt-out link at the bottom of the email to be omitted from future marketing email distributions. This opt out does not apply to transactional communications from Fifth Third in connection with providing services on an account.
Accessing and Correcting Your Information
You can review and change your personal information by logging into the Application and visiting your profile page. You may also send us a message through our Contact Us screen in the Application to request access to, correct or delete any Personal Information that you have provided to us. We cannot delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Information you provide to us on the Application and Website is stored on our secure servers behind firewalls. All data transmitted on our Application and Website is encrypted using TLS/SSL technology.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Application and Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Application or Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in the Application or on the Website.
5050 Kingsley Dr., MD# 1MOCOP
Cincinnati, OH 45263
or via our toll-free number: