Social Media Policy

Social Media Terms of Use

Terms of Use

Professional Bank (“we”, “us” and “our”) has an active presence on a number of external social channels, accounts, pages and applications including Facebook, Twitter, and LinkedIn (“our social media channels”). Our social media terms of use (terms) are intended to help ensure that we are able to engage with our customers and other users of social media channels in a respectful environment.

Please read these terms carefully before you engage with our social media channels, as your use of the social media channels (including those which are accessible on Facebook, Twitter and LinkedIn) indicates that you accept these terms and agree to comply with them. If you disagree with any of these terms you should not engage with our social media channels.

New social networking websites allowing/encouraging online collaboration and/or commentary are being added each day. This policy covers all existing and future social networking media

Because social media and our use of it, is always evolving, we may amend these terms at any time. You should frequently check this webpage to review the current terms because they are binding on you. These terms were last updated in May 2018.

External Social Channels

While Professional Bank has official profiles on several external social media channels this does not mean that we endorse those channels or the companies that own them, or that we are responsible for their products or services.

If you access any of our external social medial channels, you do so at your own risk and Professional Bank is not responsible for any losses or other damage you suffer as a result of its use.

The social medial channels we use have their own terms and conditions and you need to comply with those terms as well as ours.

Use Limitations

By accessing our social media channels, you agree that your activities will not violate any applicable law, regulation, or terms of any existing agreements you may have with Professional Bank (including, without limitation, by hacking or impersonating us, or in any way not permitted by these terms).

Our social medial channels have been created to allow you to communicate with us and about us. You may share and comment on content that we post to our social media channels, provided that you do not amend it and that you cite us as the source. The content and material on these social media channels are for informational purposes and are not intended as an offer or solicitation for the purchase or sale any financial instrument, product or service.

When you submit materials to our social media channels, you confirm that you are entitled to submit the content and that the content is accurate, not confidential, and not in violation of any contractual restrictions or other third-party rights.

Also, please keep your online participation free from solicitation. Professional Bank’s social media channels are not intended to promote another company and its products, nor provide ratings or critiques of other companies. Furthermore, we ask that you do not offer investment or other financial advice of any kind.

By posting to our social media channels, you specifically represent to us that you are at least 18 years of age, and give us permission to reuse your content, suggestions and ideas in any manner, format or context or for any purpose that we may elect, along with your real or social media user name, without any obligation or compensation to you.

Professional Bank will not tolerate posts containing content we deem to be aggressive, offensive, inflammatory, or inappropriate.   Disparaging comments or misrepresentations about Professional Bank, its officers and employees and customers are not permitted.

Professional Bank reserves the right to moderate and delete any content at our sole discretion. Any unauthorized use of our sites or misuse of any information posted to a site is strictly prohibited.  Professional Bank reserves the right to delete content that violates our standards for this site and to restrict or block users who post that type of content.

You agree to compensate us fully if we suffer loss and damage as a result of your failure to abide by these terms.

The language of our social media channels is English and contributions should be made in English. We are unable to respond to content in other languages. This may mean in some instances that we need to remove material if we cannot be certain of its content.

Copyright Policy

Unless otherwise stated, all trademarks, company names, logos and images used on our social medial channels and copyright in the content of our posts (except where other contributors are acknowledged) are the intellectual property of Professional Bank (or our affiliates or our licensors). You must not copy these or misuse them in any way, or use these for commercial purposes without our consent or an appropriate license.

Professional Bank respects the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting through any application or website offered by us any materials that violate another party’s intellectual property rights.

If you believe in good faith that materials available on a Professional Bank site infringe your copyright, you (or your agent) may send Professional Bank a notice requesting us to remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the Digital Millennium Copyright Act permits you to send PB a counter-notice. Learn more at the U.S. Copyright Office site.

Disclaimer

Professional Bank does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its social media channels. The information and content provided on our social media channels are intended for informational purposes only.

Professional Bank is also not responsible for any content posted by users, including posts made by employees or agents who are not authorized administrators of our social media channels. Content posted by others is not edited by Professional Bank and does not represent the views or positions of Professional Bank.

Privacy

We are committed to protecting your privacy. With respect to content collected through social media channels, Professional Bank follows the applicable privacy policies of the third-party hosts. Note that, when visiting any Professional Bank site, you are also subject to the terms and conditions of Professional Bank’s Privacy Policy as well as the terms of service and privacy policies of third-party hosts, when applicable.

By providing us with or posting personal data on to our social media channels, you are agreeing that we may use the information as set out in our Privacy Policy. We constantly review our systems and data to ensure the best possible service to our customers.

Please do not use our pages to discuss personal banking details or relationships in public. If you have a question about your account or our products and services please refer to the Contact page on our website.

Please be aware that:

(a)  Our social media channels are public and any contribution you make will be available for anyone to see; and

(b)  Messages sent over the internet or via mobile applications may not be completely secure as they are subject to possible interception or loss or possible alteration.

This is not within our control and we are not responsible for them and will not be liable to you or anyone else for any damages or otherwise in connection with any messages sent by you to us or any message sent up by to you over the internet or through a mobile application.

Third-Party Links

Professional Bank has not reviewed all of the third-party sites linked to its social media channels and is not responsible for the contents of any such linked site. Links to third party websites or pages on our social media channels are provided solely for your convenience or as part of the nature of how external social networks operate. We do not control them and are not responsible for such websites or their content or availability. The inclusion of any third-party link does not imply endorsement by Professional Bank. Use of any such linked web site is at your own risk. You understand that when going to a third-party web site, that site is governed by the third party’s privacy policy and terms of use, and the third party is solely responsible for the content and offerings presented on its website.

Also, links to downloadable software sites that may be available on social media platforms or third-party websites that are linked on our social media channels are not provided, endorsed or checked by us, and we are not responsible for such software or liable for any difficulties or consequences associated with downloading the software.

Access, Modification or Termination

Professional Bank does not guarantee that our social media channels, or any content on it, will always be available or be uninterrupted. We may modify the features, content and functionality of our social media channels, or terminate them entirely, at any time without prior notice or liability to you. For example, we may do so if we are experiencing technical issues relating to our social media channels. You are, of course, free to stop using our social media channels at any time.

Professional Bank also can revise these terms of use for its sites at any time without notice. By using these social media channels, you agree to be bound by the then-current version of these terms of use. Any modifications to these terms shall be effective as of the date posted. Modification or termination of these terms will not affect, or result in the termination or modification, of any other existing agreements you may have with Professional Bank.

Professional Bank may also, limit, suspend, or stop providing access to you if you fail to comply with these terms, or if you use the access in a way that causes legal liability to use or disrupts others’ use. Professional Bank also can suspend access to you if we are investigating suspected misconduct to you. If we suspend or terminate the access you receive, we will endeavor to give you advance notice. However, they may be time sensitive situations where Professional Bank may decide that we need to take immediate action without notice. Professional Bank has no obligation to retain any content you have contributed upon termination of the access.

Indemnification

In no event shall Professional Bank, its affiliates, subsidiaries, officers, directors, agents, employees, service providers, agents and all other associated with the development and execution of the social media channels, be liable for any damages (including, without limitation, suspension of access, technical issues, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Professional Bank’s social media channels, even if Professional Bank has been notified of the possibility of such damage.

Professional Bank will not be responsible in any way for loss or damage that results from your failure to comply with these terms or other applicable guidelines, or from any technical, human or software errors or failures found within our sites. You agree to indemnify, defend and hold harmless Professional Bank, its parent, subsidiaries, officers, directors, agents, employees, service providers, agents and all others associated with the development and execution of the social media channels from any and all liability with respect to any claims from any third parties arising from your use of our sites or violation of these terms or applicable guidelines.

Relationship

Your accessing of our social media channels in no way shall be deemed to create an agency or employee-employer relationship of any kind between you and Professional Bank, nor do these terms extend rights to any third party. You also agree that in the course of your accessing and using our social media channels, that no relationship is formed between yourself and Professional Bank that is either confidential or fiduciary in nature beyond any existing relationship you may have with us.

Waiver and Enforceability

The failure of Professional Bank to enforce any provision or right contained in these Terms of Use will not be deemed a waiver of such provision or right. In the event any of the provisions of these Terms of Use shall be held to be unenforceable, the remaining provisions shall be replaced by such enforceable provisions as comes closest to the intention underlying the unenforceable provisions.

Governing Law

Except where prohibited, you agree that: (a) any and all disputes, claims and causes of action arising out of our connected with the use of Professional Bank’s social media channels shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Miami, Florida, U.S.A.; (b) all issues and questions concerning these Terms of Use and use of the Social Media Channels shall be governed by and construed in accordance with the laws of Florida, U.S.A., without giving effect to any choice of law or conflict of law rules.