FIRST BANK OF DELAWARE

PRIVACY POLICIES FOR CUSTOMERS

Effective April 10, 2009

PRIVACY POLICIES - YOUR TRUST IS THE CORNERSTONE OF OUR RELATIONSHIP, SO WE WORK DILIGENTLY TO SAFEGUARD YOUR PRIVACY

When we refer to “we,” “our,” “us,” or “bank” in these policies, we mean First Bank of Delaware. These policies apply to First Bank of Delaware customer relationships established in the United States. Different policies and procedures may apply to customers outside the United States, depending on the laws of the country governing and your relationship with First Bank of Delaware.

We are committed to providing you with the best services while respecting your privacy. Highlights of our commitment to you:

We do sell your information to third parties

We do share your information with outside parties who may wish to market their products to you

We are committed to helping you protect your privacy

Within the First Bank of Delaware we carefully safeguard your information

We carefully select the companies that provide services on our behalf or offer you services we do not provide

At every level of our organization we are committed to protecting your information in every on-line transaction

When we use the words “you” and “your,” we mean consumer customers who have a continuing or former relationship created by purchasing or holding financial products or services, such as:

Deposit or Loan Accounts;

Credit Card or Stored Value Card;

Self-directed Individual Retirement Account;

Financial investment, or economic advisory services

This Privacy Policy describes how we use and protect your information. It is applicable to consumer relationships in the United States and is effective April 10, 2009. We believe that protecting your privacy is an important part of the service we provide to you. We may make changes to this policy at any time and will inform you of changes, as required by law. To receive the most up-to-date Privacy Policy, you can visit our Web site at: http://www.fbdel.com/pgsGen/privacyStatement.asp , or call us at 1-888-FBD-3511.

HOW WE PROTECT AND USE CUSTOMER INFORMATION

1. We restrict access to your information through policies, procedures, contracts and technology designed for that purpose.

Examples of how we protect your information include, but are not limited to, the following: 

• We maintain policies and procedures limiting access to customer information to those who have a legitimate business reason to know this information;
• We contractually require third parties doing business with us to comply with privacy and security laws;
• We maintain physical, electronic, and procedural safeguards that comply with federal standards to guard your personal information

2. We collect and maintain information about you as part of your customer relationship with us and to permit us to service your account.

In the course of providing services to you, we collect nonpublic personal information about you in connection with providing a financial product or service to you. Nonpublic personal information does not include information that is available from public sources, such as telephone directories or governmental records. In this Privacy Policy we use the term “information” to mean nonpublic personal information we collect from the following sources:

Information you provide to us on applications or forms, such as your assets, income and accounts with others

Information we receive from an outside company, such as a credit reporting agency, regarding your credit history or employment status

Information about your transactions or experiences with us, companies affiliated with us, or others

3. We use the information we collect about you to service your accounts and meet your financial needs

The information we collect may be used among First Bank of Delaware’s “affiliated companies” (described in paragraph 4), and authorized non-affiliated third parties (described in paragraph 5) for a number of purposes, including:

To protect your accounts from unauthorized access or identity theft

To process your requests such as credit card and debit card applications, loan applications, purchases, and ATM withdrawals

To service your accounts by issuing checks, ATM cards, credit card and debit cards and account statements

To keep you informed about financial services of interest to you

4. We share information with First Bank of Delaware’s affiliated companies so that we can work together to provide our services to you.

 We may disclose all of the information we collect, within our “affiliated companies,” a term that means companies we own or control, a company that owns or controls us, or a company that is owned or controlled by the same company that owns or controls us. Ownership does not mean complete ownership, but means owning enough to have control. Disclosures to affiliated companies may include:

Customer information to our administrative and service units which, for example, service your accounts or prepare your account statements

Information that helps us identify you or is derived from your transactions and experiences with us (a) for purposes other than direct marketing, and (b) unless you instruct us otherwise for direct marketing purposes. As discussed below the section entitled “Your Policy Rights and Choices,” you can instruct us not to share other personal financial information about you with First Bank of Delaware affiliates.

Your name, address, and facts about your transactions with us (such as payment history and other transactions on your accounts with us)

5. We carefully select the companies that provide services on our behalf, or offer you services that we do not provide.

In order to optimize your relationship with us, we may share your information we collect, as described above with nonaffiliated third parties that are acting on our behalf, or as permitted by law, including:

Companies that perform support services for us, such as data processors, technical systems consultants and programmers or check printers

Companies including direct marketers that help us market our products and services to you or provide products and services of other companies

Companies that, under joint marketing agreements, offer financial products that we do not directly provide, such as mortgage or insurance companies

Companies that conduct surveys or provide marketing research, retailers, membership organizations and publishers

Government entities, courts, or other entities (in response to subpoenas and other legal processes), or those with whom you have requested us to share information

Companies that offer financial products that we do not directly provide such as mortgage or insurance companies

Other non-financial organizations such as non-profit organizations

Important note about Credit Reporting: We may report information about your accounts(s) to credit reporting agencies and/or other consumer reporting agencies. Late payments, missed payments, or other defaults on your account(s) may be reflected in your credit report and/or consumer report

 As described below the section entitled "Your Privacy Rights and Choices," you can instruct us not to share certain information about you with nonaffiliated third parties of First Bank of Delaware

 YOUR PRIVACY RIGHTS AND CHOICES

 You may choose to limit (commonly known as “opt-out”) the way we share information about you or the solicitations we send you, except as described in Exceptions to Opt-Out below.

  You may limit our affiliated companies from marketing their products or services to you based on your information we collect and share with them. This information includes your income, your account history with us, and your credit score

  You have the right to restrict the sharing of your information with our affiliated companies and outside companies that we do business with. Nothing in the Notice prohibits the sharing of information as permitted by law

 Exceptions to Opt Out

 Your choice to opt-out will not affect sharing your information we collect that is described above with:

Companies performing marketing or other services for us;

Other financial institutions under joint marketing agreements;

Government entities in response to subpoenas or regulatory requirements; and

Affiliates and unaffiliated persons who perform services for us and to respond to customer inquiries.

In addition, we may disclose the information we collect about you to our affiliates and nonaffiliated third parties, to credit reporting agencies and similar organizations and in connection with fraud prevention or investigation and risk management and security.

Disclosures may also be made when required or permitted by law. For example, required disclosures may be made to law enforcement and banking regulators while permitted disclosures may be made to vendors assisting us in opening, maintaining or servicing your account.

Unless otherwise notified, applicants who do not become our customers may not make certain privacy elections. However, all privacy rights and choices with respect to how we use or disclose information apply to former customers.

If you have no objection to our sharing of information about you as described in this Privacy Policy, you do not have to do anything. If you have previously opted not to allow us to share your information, again, you do not have to do anything as that election will continue to be honored until you tell us to change your choice. Your election will also apply to all individuals with whom you hold joint accounts.

Please remember that if we are not permitted to share non-transaction information about you with our affiliates, it may affect our ability to help you fulfill your financial goals and the way we manage our relationship with you.

How to Opt-Out

If you wish to opt-out of our sharing of information about you, please complete the following “Your Choices” form in its entirety and return it to:

First Bank of Delaware

Attention: Privacy Choice Processing/Operations

Two Liberty Place

50 South 16 th Street, Suite 2300

Philadelphia, PA 19102

  Or call us Or call us toll-free at 1-888-FBD-3511

---------------------------CUT HERE & RETURN THIS PORTION ONLY--------------

(PLEASE RETAIN PRIVACY NOTICE FOR YOUR RECORDS)

YOUR CHOICES (Please State Your Choices Below):

  Restrict Information Sharing With Companies We Own or Control (Affiliates)

Unless you “Opt-Out” below, First Bank of Delaware may share non-transaction (other than transaction or experience information) personal and financial information about you with our affiliated companies.

______ Yes, I want to “Opt-Out” of sharing – Please do not share my non-transaction personal and financial information with your affiliated companies.

 Restrict Information Sharing With Other Companies We Do Business With

Unless you“Opt-Out” below, First Bank of Delaware may share personal and financial information about you with outside companies we contract with to provide financial products and services to you.

______ Yes, I want to “Opt-Out” of sharing – Please do not share my personal and financial information with outside companies you contract with to provide financial products and services

NAME: _______________________________________________________________________ (Please Print)

SIGNATURE: ______________________________________________________________________

ACCOUNT(s): ______________________________________________________________________

(Account Numbers to be Provided by Customer)

Special Notice to Vermont and California Customers

The information-sharing practices described above are in accordance with federal law. Vermont and California law places additional limits on sharing information about Vermont and California residents, so long as they remain residents of those states.

Vermont: In accordance with Vermont law, First Bank of Delaware will not share information we collect about Vermont residents with companies outside of First Bank of Delaware except as permitted by law, such as with the consent of the customer, to service the customer's accounts or to other financial institutions with which we have joint marketing agreements. First Bank of Delaware will not share Application Information, Consumer Report Information and Information from Outside Sources about Vermont residents among the First Bank of Delaware affiliated companies except with the authorization or consent of the Vermont resident.

 California: In accordance with California law, First Bank of Delaware will not share information we collect about California residents with companies outside of First Bank of Delaware except as permitted by law, such as with the consent of the customer, to service the customer's accounts, or to fulfill on rewards or benefits. We will limit sharing among our companies to the extent required by applicable California law.

Special Notice to Nevada Customers:

We are providing you this notice pursuant to state law. You may be placed on our internal Do Not Call List by providing us with a written request sent to the following address:

First Bank of Delaware

Attention: Do Not Call List

Two Liberty Place

50 South 16 th Street, Suite 2300

Philadelphia, PA 19102

Or calling us toll-free at 1-888-FBD-3511

In addition to our address and contact information we provide above, Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number- 702.486.3132; e-mail: BCPINFO@ag.state.nv.us.

• ONLINE PRIVACY POLICY

This policy is effective as of April 10, 2009.

First Bank of Delaware’s commitment to protect your information and your privacy extends to your online banking. While our Privacy Policies are the same whether you are online or not, we have extra measures in place to protect your privacy when you bank online with First Bank of Delaware.

1. Are you a visitor?

If you do not bank online with First Bank of Delaware, we do not collect, capture, or retain personally identifiable information when you are just browsing. By offering you this level of privacy during your browsing experience, we believe you will be more likely to find the products and services that fulfill your financial needs and goals.

2. Are you a registered user?

When you register for an online service, our website will request information, such as your email address or your account number. This information allows you to perform certain tasks (for example, correspond with us or review your accounts) and it allows us to provide the information you requested. In these cases, we collect only the information necessary to interact with you. We also gather data to track website usage, such as number of hits, pages visited, and the length of user sessions in order to evaluate the usefulness of our sites.

3. About cookies

Cookies are pieces of data assigned by a web server to the browser on your computer. Cookies help websites to keep track of your preferences and to recognize return visitors. So, when you return to a website you've visited before, your browser gives this data back to the server. Contrary to reports about cookies, cookies do not contain viruses. We do not embed your Social Security number, account number(s) or password in our cookies.

First Bank of Delaware uses cookies to make your online experience more personalized based on the products and services you have with us. Also, without revealing your identity, cookies help us confirm your identity and help us keep your transactions with us secure when you do your banking online.

We also use cookies for various purposes such as maintaining continuity during an online session, gathering data about the use of our site.

We recommend that you complete your online transactions and sign off before surfing to other sites or turning off your computer. We also suggest that you do not surf to other sites during your online banking session.

You can set your browser to reject cookies; however, if you choose to reject cookies, you may not be able to bank online with First Bank of Delaware. If your browser rejects cookies, you may not be able to sign on to your other favorite sites or use the features you like most within those sites.

We encourage you to read the privacy policies of the websites you visit before you accept cookies from them.

 4. We work to ensure privacy and security during your online sessions

The information you provide to us online is protected by Secure Socket Layer (SSL) technology. SSL is the leading security protocol for data transfer on the internet. This technology scrambles your account information as it moves between your computer’s browser and First Bank of Delaware's computer systems. When information is scrambled, or encrypted in this way, it becomes nearly impossible for anyone other than First Bank of Delaware to read it. This secure session helps protect the safety and confidentiality of your information when you bank with us online.

 5. Protecting children's privacy online

From our websites, we do not knowingly collect or use personal information from children under 13 without obtaining verifiable consent from their parents. We are not responsible for the data collection and use practices of nonaffiliated third parties to which our websites may link.

For more information about the Children's Online Privacy Protection Act (COPPA), visit the FTC website : www.ftc.gov.

6. E-mail Fraud 

E-mail can be used for sending scams such as a false offer from a company or an alert to a false computer virus in an effort to move you to a false website. These e-mails are often forwarded with good intention by friends, adding an erroneous level of legitimacy. E-mails such as these are most likely from criminals who send thousands of emails at a time to random addresses. When you visit a phony website, identity criminals will try to steal your personal information such as online IDs and passwords, or Social Security numbers and account numbers. This practice is known as "spoofing" or “Phishing.”

If you receive an e-mail that you think could be a scam, do not forward it and delete it immediately. If you receive an e-mail warning that a new computer virus is circulating, check the Web site of any one of the well-known anti-virus software companies for validation.

We will never initiate a request for sensitive information from you via email (i.e., Social Security Number, Personal ID, Password, PIN or account number). If you receive an e-mail that requests this type of sensitive information, you should be suspicious of it. To report a suspicious email that uses First Bank of Delaware's name, you can contact us at the following address:

First Bank of Delaware

Two Liberty Place

50 South 16 th Street, Suite 2300

Philadelphia, PA 19102

Or calling us toll-free at 1-888-FBD-3511

7. Links to non-First Bank of Delaware sites

We are not responsible for the information collection practices of the non-First Bank of Delaware links you click to from our web pages. We cannot guarantee how these third parties use cookies or whether they place on your computer cookies that may identify you personally. We urge you to review the privacy policies of each of the linked websites you visit — before you provide them with any personally identifiable information

8. Policy changes

If we make changes to the Online Privacy Policy or make any material changes to our online services, we will revise the Online Privacy Policy to reflect such changes and revise the policy's effective date.

PROTECTION OF SOCIAL SECURITY NUMBERS

• Social Security numbers are classified as "Confidential" information under the First Bank of Delaware Information Security Policy. As such, Social Security numbers may only be accessed by and disclosed to First Bank of Delaware Team Members and others with a legitimate business "need to know" in accordance with applicable laws and regulations. Social Security numbers, whether in paper or electronic form, are subject to physical, electronic and procedural safeguards and must be stored, transmitted and disposed of in accordance with the provisions of the Information Security Policy applicable to Confidential information. These restrictions apply to all Social Security numbers collected or retained by First Bank of Delaware in connection with customer, employee or other relationships.

Tips to Help You Protect Your Customer Information and

Assistance to Victims of Identity Theft

  If you believe you may be a victim of identity theft, please follow the following procedures:

• If you suspect that someone has had unauthorized access to your account with us, or access to your personal identifying information such as your social security number or credit/debit card information, please call us immediately at 1-888-FBD-3511 so we can take action to protect you. Our website also provides additional information regarding “Customer Security Awareness” -- Please visit our website at www.fbdel.com .

• You should also report the crime to your local law enforcement agency and to the Federal Trade Commission (“FTC”). To speak with a trained FTC telephone counselor, call toll-free at 1-877-IDTHEFT (1-877-438-4338). Or to enter information about your complaint into a secure FTC online database, sign onto www.ftc.gov/idtheft . The site also provides links to numerous consumer education materials.

• Contact the Social Security Administration’s Fraud Hotline toll-free at 1-800-269-0271 to report any suspected fraudulent use of your identification information.

• Report the incident as quickly as possible to any one of the credit reporting agencies:

Experian: 888-397-3742

Equifax: 800-525-6285

Tran Union: 800-680-7289

• You should obtain and review a current credit bureau report to identify any unauthorized accounts or inquiries and ask the credit reporting agency about placing a “Victim Alert Flag” on your files.