PACIFIC NATIONAL BANK

PRIVACY POLICY

Pacific National Bank (“Pacific” or “Bank”) is committed to provide its Consumer Customers privacy protection regarding their nonpublic personal Information when they use products and services at Pacific National Bank. Pacific National Bank is also committed to keeping its Consumer Customer’s nonpublic personal Information from unapproved disclosure.

Your nonpublic personal Information means information about you that we collect 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 government records.

Pacific National Bank notes to each of its Consumer Customers that, when a Consumer Customer first establishes an account, credit, investment or other relationship with Pacific National Bank, the Consumer Customer provides Pacific National Bank with Information which includes the Consumer Customer’s name, address, name of employer, business address, telephone and fax and e-mail addresses and other Information. During the course of the financial relationship with the Consumer Customer, Pacific obtains other Information about the Consumer Customer, such as credit payment performance, historic account movements, credit references and the like. Pacific National Bank uses all of this Information quickly to process all financial transactions, to set approval terms for any credits that the Consumer Customer seeks, to suggest appropriate investments strategies and generally to give its Consumer Customers high quality financial and investment services.

It is Pacific National Bank’s policy to protect the confidentiality of its Consumer Customer’s Information. Please review this Privacy Policy for full details on how Pacific National Bank protects the confidentiality and those circumstances when Pacific National Bank will reveal Information about Pacific National Bank’s Consumer Customers.

Except in the case where a minor is named a beneficiary of an account at the Bank or an account under the Florida Uniform Gift to Minors Act, it is the Bank’s policy not to collect, whether directly or through the Internet, any Information from any child including, but not limited to, children of Pacific National Bank’s Consumer Customers.

Any Consumer Customer who has questions about his/her privacy rights and the steps Pacific National Bank agrees to take to protect those rights, should contact the Bank at:

Pacific National Bank

Telephone (305) 539-7500 – Fax (305) 539-7600

Call Center: 305-539-7574

1390 Brickell Avenue, Miami, Florida 33131

E-mail: pacific@pnb.com - Web Address: www.pnb.com

and ask for PNB’s Banking Department or directly speak with a Customer Service Officer.

Respect of Rights to Privacy

Pacific National Bank respects its Consumer Customer’s rights to privacy and follows standards to ensure that its Consumer Customer’s non public personal Information is private. In addition to the Bank’s internal policy to protect its Consumer Customer’s right that his/her Information will be protected against unapproved disclosure, Pacific National Bank complies with U.S. laws and regulations which restrict a U.S. bank’s dissemination to third parties of certain types of consumer credit Information.

Collection, Use and Retention of Consumer Customers’ Information

In the regular course of providing financial services and products, Pacific National Bank obtains the following categories of (“Information”) from our Consumer Customers:

Information that the Consumer Customer provides to Pacific National Bank:

i) Social Security Number, Passport Number, Driver License, or, ID numbers;

ii) Financial Statements including assets, liabilities, net worth;

iii) Banking references from other banks, that may be an Affiliate of the Bank and that may reveal where the Consumer Customer maintains bank balances in addition to Pacific National Bank;

iv) Commercial references from third parties that may reveal where the Consumer Customer maintains commercial relationships;

v) Income Tax Returns filled by the Consumer Customer;

vi) The names of businesses and ventures in which the Consumer Customer has an interest;

vii) The name, address, telephone, fax numbers and email address of the Consumer Customer’s employer and what job the Consumer Customer performs there;

viii) The address, telephone number, fax number, email address of the Consumer Customer’s residence.

The Bank also obtains Information from transactions between the Consumer Customer and Pacific National Bank. This type of Information includes: Account balances; types of services or products used; account activity; payment history; credit history; overdrafts history; and other matters.

Additionally, Pacific National Bank collects Information about our Consumer Customers from the following sources:

a) Information about the Consumer Customer’s transactions with entities that are Affiliates of the Bank and also entities that are a Non-Affiliated Company;

b) Information we receive from one or more consumer reporting agencies.

Pacific National Bank uses and stores the Information within the Bank to enable Bank personnel to design and improve the Financial Products and Services that Pacific National Bank offers to its customers.

Maintenance of Accurate Information

It is in the interest of both the Consumer Customer and Pacific National Bank to maintain accurate records concerning the Consumer Customer’s Information. For this reason:

a. Pacific National Bank allows its Pacific Direct Web® Services Customers to update their Information online, at anytime, through the submission of encrypted e-mail requests that are sent to Pacific National Bank’s secure Web site. Notifications are sent to the appropriate Bank personnel, alerting them to the receipt of a Consumer Customer request for a Pacific Direct Web® transaction. This enables Pacific National Bank to update a Consumer Customer’s Information within a timely manner. The Consumer Customer should refer to Pacific National Bank Agreement for Pacific Direct Web® Services for more Information.

b. Pacific National Bank allows its Pacific Direct Call® Services Consumer Customers to update their Information through the Call Center during business hours through the submission of a password call made to the Call Center Agent. These telephone calls may be recorded by the Bank to assure accuracy and for training purposes.

c. Pacific National Bank allows original letters or forms to be sent to Pacific National Bank to update Information of Consumer Customers.

At Pacific National Bank we have procedures in place to ensure customer account nonpublic information is complete, accurate, and processed in a timely manner. However, should you ever believe, that our records contain inaccurate or incomplete information about you, please notify us. We will investigate your concerns and correct any inaccuracies.

Under the Fair Credit Reporting Act, you have the right to notify us if you believe we have reported inaccurate information about your account to any Consumer Reporting Agency. Such notices should be sent in writing and include your complete name, current address, social security number, telephone number, account number, type of account, specific item of dispute and the reason why you believe the information reported is in error. Send your notice to: Pacific National Bank, Compliance Department, 1390 Brickell Avenue, Miami, Florida 33131.

Internal Pacific National Bank Protection of Information about Consumer Customers

The manner in which Pacific National Bank collects its Consumer Customer’s Information protects against unintended third party access to the Consumer Customer’s personal accounts and also assists the Bank in providing products and services that its Consumer Customer may want or need.

Information from a Consumer Customer enters the Bank through different channels, each of which has security standards to maintain the privacy of the Information provided by the Consumer Customer. Once the Information is received at Pacific National Bank, only a limited number of qualified Bank personnel have access to it. These Bank personnel effect the banking transactions that the Consumer Customer has directed. Pacific National Bank has established internal control and auditing procedures that monitor Bank personnel’s performance of the Consumer Customer transactions. These internal controls identify which Bank employees have accessed a Consumer Customer’s Information and impose safeguards before Information in a Consumer Customer’s file can be accessed, modified or updated.

Pacific National Bank limits employee access to its Consumer Customer’s Information to only those Bank employees who have a business reason to have the Information. Pacific National Bank also educates all employees about the importance of confidentiality and Consumer Customer privacy. User names and passwords are used by approved Bank personnel to access a Consumer Customer’s Information online, providing audit trails that also protect the privacy of Services Consumer Customer’s Information.

When Pacific National Bank Discloses Consumer Customer Information to Third Parties

Pacific National Bank may disclose all of the Information of its Consumer Customers that the Bank collects to the following types of entities:

a. To local, state and U.S. law enforcement agencies and courts, if Pacific National Bank receives a court Order or legal subpoena.

b. To a regulatory agency of the U.S. or State of Florida government, if Pacific National Bank is required to do so by applicable law or regulations; and

c. To protect the Bank’s legal interests in the case of actual or suspected illegal activity involving the Consumer Customer or, his or her account at Pacific.

It is Pacific National Bank policy not to share Consumer Customer Information from any existing or former Consumer Customer, except when needed, as follows:

a) To complete a transaction at your request, or to provide you a Financial Product or Service with another financial service provider, for example:

· If you direct us to make a fund transfer, we are required to give the other financial institution or financial service provider certain Information to complete the transaction; or

· If you direct us to buy certain assets, like a security or mutual fund, we are required to share certain Information with the other financial institution or provider to complete the transaction;

· We may contract with entities that are our Affiliates or are a Non-Affiliated Company to perform services for us in order to provide to you a financial Product or Service. When necessary, we will disclose to these third parties only the Information that is necessary for such third party to carry out its assigned responsibilities and only for that purpose.

b) As part of the Bank’s sale of assets owned by the Bank, for example:

· Banks, from time to time, sell single loan assets or portfolios of loans owned by them. Additionally banks, from time to time, sell the rights to service the loans held in their portfolio. Single loans, loan portfolios and servicing rights are transferred, in whole or in part, to third parties that frequently, but not always, are other financial institutions. When assets like these are sold, Information related to the underlying assets will be revealed to the entity that is making the purchase.

Pacific National Bank requires third party entities to treat your Information with the same degree of confidentiality that we do.

Except in the case of U.S. law enforcement agencies, courts, U.S. regulatory agencies and to protect PNB’s legal interests, Pacific National Bank requires any Affiliate or any Non-Affiliated Company that has a legitimate business need to access Pacific National Bank’s Consumer Customer Information to adhere to similar and equally stringent privacy policies, which must be written. We may also disclose Information about Consumer Customers to a Non-Affiliated Company, as permitted by law.

It is the policy of Pacific National Bank that Information of Consumer Customers who are no longer active Consumer Customers of Pacific National Bank is treated in the same way that Pacific National Bank treats Information of our active Consumer Customers. You can have confidence that, once you become a Pacific National Bank Consumer Customer, the privacy of your Information is protected by Pacific National Bank even after you may leave us.

It is the policy of Pacific National Bank to protect its Consumer Customers and their Information that they have given to Pacific National Bank against anticipated or unanticipated threats to the security of the Consumer Customers’ records. Pacific National Bank protects its Consumer Customers’ Information from unauthorized access or use that could result in harm to Pacific National Bank Consumer Customer.

IF YOU PREFER THAT PACIFIC NATIONAL BANK NOT DISCLOSE Information ABOUT YOU TO ANY AFFILIATE OR NON-AFFILIATED COMPANY, YOU MAY OPT OUT OF THIS DISCLOSURE, THAT IS, YOU MAY DIRECT US NOT TO MAKE THOSE DISCLOSURES (OTHER THAN DISCLOSURES PERMITTED BY LAW AND OTHER THAN FOR TRANSACTIONS THAT YOU DIRECTED US TO MAKE, AND OTHER THAN ENTITIES THAT PROVIDE SERVICES TO US SO THAT WE CAN PROVIDE YOU A FINANCIAL PRODUCT OR SERVICE). IF YOU WISH TO OPT OUT OF DISCLOSURES TO ANY AFFILIATED OR NON-AFFILIATED COMPANY, THEN YOU MUST COMPLETE THE OPT-OUT FORM BELOW AND SEND THE COMPLETED FORM TO: PACIFIC NATIONAL BANK, 1390 BRICKELL AVENUE, MIAMI, FLORIDA 33131, ATTN: CUSTOMER INFORMATION UNIT. OR ALTERNATIVELY YOU CAN OPT OUT THROUGH PACIFIC DIRECT WEB AT www.pnb.com BY COMPLETING THE SECTION TITLED “CUSTOMER NOTICE TO OPT OUT”. YOU CAN E-MAIL US AT pacific@pnb.com.

Disclosure of Information

Pacific National Bank is committed to protecting the privacy of its Consumer Customers’ Personal Information. For more information regarding Pacific National Bank Privacy Policy, please contact the Bank at:

Pacific National Bank

Telephone (305) 539-7500 – Fax (305) 539-7600

1390 Brickell Avenue, Miami, Florida 33131

E-mail: pacific@pnb.com

and ask for PNB’s Banking Department or directly speak with a Consumer Customer Service Officer.

Glossary of Terms Used in this Privacy Policy

“Affiliate” means, with regard to Pacific National Bank, any of the following entities that either own Pacific National Bank or that are owned by the owner of Pacific National Bank: Banco del Pacifico, S.A.; Banco del Pacifico (Panama), S.A.; Seguros Sucre, S.A.; Mastercard del Ecuador, S.A.; and Almacenera del Agro, S.A.

“Bank” means Pacific National, a U.S. national bank;

“Consumer Customer” means any one or more persons who obtain Financial Products or Services that are used primarily for household, as opposed to business or commercial, purposes;

“Consumer Customer Information” or “Information” or “Consumer Customer non public personal Information” means any type of information about a Consumer Customer that is not publicly known and that identifies the Consumer Customer. Examples of “Consumer Customer Information” include address, name of employer, employment address, credit record, sources of income and historic or recurring recipients of payments by the Consumer Customer;

“Financial Products or Services” means any type of banking product or banking product or service that a Consumer Customer may obtain from a bank such as Pacific National Bank and includes a checking account, a savings account, an automobile loan, a mortgage, a credit card, an investment account, funds management advice, a mutual fund or stock or debt investment sold via the financial institution;

“Non-Affiliated Company” means a corporation or other entity with which Pacific National Bank does business and also with which the Bank may share Consumer Customer Personal Information about the Bank’s Consumer Customers. No Affiliate of the Bank can also be a Non-Affiliated Company.

CUSTOMER NOTICE TO OPT-OUT

I hereby direct Pacific National Bank that, except only as required by US law or for transactions that I direct be made, I do not authorize the Bank to make disclosure of any “Information” (as such term is defined in the Bank’s Privacy Policy) to:

Check as applicable:

¨ Any provider of Financial Products or Services;

¨ Any entity other than a provider of Financial Products or Services;

¨ Other (please specify)

Name of Customer: ______________________________________________

Type of Financial Product or Service obtained from the Bank: _______________________________________

Account Number: ____________________________

(If you have a joint account, only one co-owner of the account needs to complete the opt-out form and sign it).

Date: ____________________ ___________________________________________

Signature of Customer

The Customer Notice to Opt-Out should be sent to: Pacific National Bank, 1390 Brickell Avenue, Miami, Florida 33131, Attn.: Customer Information Unit.