Data Sharing Agreement

DATA SHARING TERMS AND CONDITIONS

Please read this Data Sharing Terms and Conditions (“Agreement”) carefully. By electronically providing your consent to this Agreement, you indicate that you have read, acknowledge and agree to be bound by the terms of this Agreement.

GENERAL TERMS

This Agreement sets forth the terms and conditions that apply when you instruct [Insert Distribution Partner name] (“Distribution Partner”) to provide Data (as defined below), on your behalf to Emigrant Bank (“Emigrant,” “Bank,” “we,” “us,” and “our”) including Emigrant Bank d/b/a Third Street by Emigrant Bank (“Third Street”), through a secure means for the purpose of prefilling an online application on Third Street’s online marketplace (the “Site”) designed to assist small businesses in accessing and managing capital by connecting you with potential lenders (“Service”). The words “you” and “your” refer to you as the business using the Service and also include any user you authorize to use the Service on your behalf. This Agreement covers important information about how the Service works, the information you will be authorizing the Distribution Partner to share with us, what we can use this information for, and how to terminate the Service. Emigrant provides the Service as a convenience to you. Emigrant does not charge you a fee to use the Service and may discontinue the Service at any time. We may modify this Agreement at any time and will post revised terms online. Continued use of the Service after the effective date of the revised terms constitutes your agreement to the changes.

DESCRIPTION OF THE SERVICE

By using the Service, you are expressly authorizing Distribution Partner to share your Data (defined below) with us. You understand and acknowledge that Distribution Partner is not affiliated with Emigrant. As used in this Agreement, the term “Data” means any of your business, personal, financial or account information, including but not limited to name, business name, address, phone, , e-mail address, type of business, loan amount requested, purpose of loan funds, business incorporation date, or any other information generally available, now and in the future, as applicable. Distribution Partner is providing this Data to us, on your behalf for the sole purpose of supporting the services you receive from us. You understand and acknowledge that not all Data is available for sharing through the Service. Once you have authorized Distribution Partner to share your Data with us, we will continue to use it to provide you the Services until you instruct us to stop, as specified below in this Agreement. Sharing of your data with us by Distribution Partner does not guarantee that a loan will be approved or successfully closed.

DATA SHARING, TRANSMISSION AND USE BY DISTRIBUTION PARTNER

Distribution Partner will use commercially reasonable efforts to timely provide your Data to us. Data will be electronically transmitted via secure means across wireless and computer networks and, as such, delays or failure may occur (for example, due to system maintenance or network unavailability). Once the Data is received by us, we may use this Data to provide for your use of our Services. You agree that Distribution Partner’s disclosure, of the Data is governed by this Agreement, Distribution Partner’s applicable privacy policy and these terms and conditions. Emigrant offers no assurances as to the Distribution Partner's practices with regards to your Data. By directing and authorizing Distribution Partner to release your Data to us, you confirm and agree that we may use your Data for any and all purposes permitted by the our Third Street Online Privacy Policy, Third Street Website Terms of Use and applicable laws and regulations. Emigrant is not responsible for the use or disclosure of any information by Distribution Partner or any of their third parties to us.

DISCLAIMER

EMIGRANT DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE PRODUCTS OR SERVICES PROVIDED OR OFFERED TO YOU BY DISTRIBUTION PARTNER. Distribution Partner is solely responsible for its services, which are covered by any separate agreements between you and Distribution Partner. You agree that Emigrant will not be liable in any way for (i) services provided by Distribution Partner, (ii) any actions or omissions by Distribution Partner, or (iii) any compromise or breach of Distribution Partner’s computer networks or systems or (iv) any missing or incorrect information sent by Distribution Partner.

Disclaimer of Warranty.

SUBJECT TO APPLICABLE LAW, EMIGRANT PROVIDES THE SERVICE "AS IS." EMIGRANT MAKES NO EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION. EMIGRANT DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING NONINFRINGEMENT, THE OPERATION OF THE SERVICES, OR THE ACCURACY OF DATA PROCESSING. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY US CREATES ANY KIND OF WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

LIMITATION OF LIABILITY

EMIGRANT WILL NOT BE LIABLE TO YOU FOR ANY DIRECT DAMAGES OR LOSSES SUFFERED OR INCURRED BY YOU IN CONNECTION WITH THE SERVICE OR ANY FAILURE TO PROVIDE OR DELAY IN PROVIDING THE DATA. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISK THAT MAY RESULT FROM YOUR USE OF THE SERVICE. IN NO EVENT WILL EMIGRANT HAVE LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INDIRECT DAMAGES OR LOSSES WHETHER ANY CLAIM FOR SUCH DAMAGES OR LOSSES IS BASED ON WARRANTY, STATUTE, TORT OR CONTRACT OR WHETHER EMIGRANT KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCE. THIS INCLUDES WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES. You understand and agree that: (1) unless specifically stated otherwise by Emigrant, Emigrant does not endorse, support or offer Distribution Partner's products or services; (2) Emigrant has no responsibility to monitor Distribution Partner's use of your data, nor its disclosure to us; and (3) you will not hold or attempt to hold Emigrant responsible for any use, failure to protect, loss, misuse, protection, marketing, sale, or repackaging of any of the Data by the Distribution Partner. By directing and authorizing Distribution Partner to release your Data to us, you accept all of these risks. You understand and agree that the Distribution Partner (and not Emigrant) is solely responsible for what happens to your Data during and while the Data is being transmitted. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICE. IN STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, OUR LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW BUT SHALL, IN NO EVENT, EXCEED TEN DOLLARS ($10). INDEMNIFICATION You agree that you are personally responsible for your conduct while using the Service. You agree to indemnify, defend, and hold harmless Emigrant and our respective owners, affiliates, directors, officers, employees and agents from claims, losses, expenses, liability, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, caused by, or arising out of your use, misuse, or inability to use the Service. This includes any violation by you of these terms. This provision will survive the expiration or termination of this Agreement.

TERMINATING THE SERVICE

After you authorize Distribution Partner to share your Data with us, your Data may continue to be shared until you revoke consent by contacting your Distribution Partner. You may revoke your authorization to share your Data with us and stop using the Service at any time by notifying you Distribution Partner and us.

CHANGES TO THIS AGREEMENT

We may change, suspend, or discontinue the Service, or any part of it, at any time without notice. We may amend this Agreement at our sole discretion by posting revised terms online or by sending revised terms to you via email. Unless otherwise indicated, when you use the Service after the effective date of the revised Agreement, you accept the terms. Rev. March 13, 2025