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Privacy Policy

Privacy Policy

NATIONAL GIFT CARD CORP. PRIVACY POLICY

Effective: October 1, 2016

This Privacy Policy describes our policies on the collection, use, and disclosure of your information in connection with your use of our website(s), emails, and mobile applications (“Sites”). The terms “we”, “us”, and “NGC” refers to National Gift Card Corp., an Illinois corporation conducting their business in the United States at www.ngc-group.com and all its subsidiaries and affiliates, including, NGC Corp International Limited, a United Kingdom business with Company No. 08901162 at www.ngc-group.co.uk . When you use the Site, you consent to our collection, use, and disclosure of your information as described in this Privacy Policy.

NGC complies with the EU-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. NGC has certified that it adheres to the Privacy Shield Principles of Notice, Choice, and Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/

NGC complies with the US-Swiss Safe Harbor Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from Switzerland. NGC has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access and enforcement. If there is any conflict between the policies of this privacy policy and the Safe Harbor Privacy Principles, the Safe Harbor Privacy Principles shall govern. To learn more about the US-Swiss Safe Harbor and to view our certification page, please visit http://www.export.gov/safeharbor/.

NGC’s participation in the Privacy Shield applies to all personal data that is subject to the NGC Privacy Policy and is received from the European Union. NGC will comply with the Privacy Shield Principles in respect of such personal data. NGC also maintains an affirmative commitment to the U.S.-Swiss Safe Harbor Framework and its principles, which will not be affected by our participation in the Privacy Shield.

DATA COLLECTED and DATA PURPOSES

NGC collects the following information from you upon usage of the Sites: the IP address(es) of the computer you are using; your domain name; your browser; your operating system; the navigation path that brought you to our Sites; and aggregate information on pages you access or visit. In addition, if you volunteer it, we will collect certain personally identifiable information, including, but not limited to, your and your customers’ names, their physical and electronic addresses (“Data Collected”). NGC does not intentionally collect and does not want you to provide, any information regarding your medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs or other sensitive information.

NGC will use Data Collected to process your service requests, handle orders, deliver products and services, process payments, communicate with you about orders, provide access to secure areas of the Site, recommend merchandise and services that might be of interest to you, to personalize your visit to our Site, and to enable us to review develop and continually improve the products services and offers we provide online. We also use this information to prevent or detect fraud or abuses of our Site and to enable third parties to carry out technical, logistical or other functions on our behalf.

NGC also uses Data Collected to communicate with visitors to the Sites and, if the visitors choose, contact them when necessary. The Data Collected may also be used by NGC to improve the Sites’ contents and functionalities.

NGC may ask Site users to enter credit card or account information to process service orders. All NGC customers’ financial information is transferred over secured connections. We collect this information on a transaction-by-transaction basis and will not authorize the release of the information with anyone not directly involved in processing the transaction. This information may be encrypted and stored for logging purposes in accordance with applicable regulatory requirements.

NGC customers’ credit card numbers are used only to process payments. NGC uses third-party service providers for credit card processing services and will enter into a written agreement with such third parties to ensure appropriate security and confidentiality measures are used in their payment processing services and to comply with the Privacy Shield Principles of Accountability for Onward Transfer of Data Collected from European individuals.

All Data Collected through any of the Sites , will only be used by NGC to process their customers’ orders and will not be released by NGC to anyone other than those customers or their end users involved in the purchasing and fulfillment transactions.

Information received through NGC Sites is also used by NGC to measure interest in and develop our web pages and marketing plans, customize the content you view on your Site visits and otherwise administer NGC’s Sites.

• We use our Sites’ visitors’ IP address to help diagnose problems with our servers, and to administer our Sites.

• We use cookies to help us recognize visitors as unique visitors (just a number) when they return to our Sites For example, if there are 1,000 visits to our Sites on a certain day, we can use cookies to discover how many of those visits were made via the same browser (same visitor). We may also use the cookie to discover whether a certain visitor has visited our site more than once, and the source for each visit. We also use cookies to: allow us to tailor content or advertisements to match your preferred interest; avoid showing visitors the same advertisements repeatedly; compile anonymous, aggregated statistics that allow us to understand how users use our site and to help us improve the structure of our Sites (we cannot identify visitors personally in this way); count the number of anonymous users of our sites.

• We use web beacons to count the number of times that our advertisements and web-based email content are viewed. We combine web beacon information with cookies to track activity on our Sites originating from advertisements and web-based email content.

• We may include links to third party websites on our Sites. NGC does not make any representations regarding these web links or those sites’ operators, whose privacy policies may differ from those of NGC.

We use information you provide to us via telephone calls, chat, email, web forms and other communications to correspond with you about services you may be interested in purchasing. If you elect to purchase a service online using a web form, we will use the information to establish your account. Information you submit in writing, such as chat, email, and web form information is archived and may be tied to information that we collect about your Site visits. Your telephone call may be recorded for training purposes and NGC may enter information provided by telephone conversations into our systems to use for the purposes described in this paragraph.

DISCLOSURE OF DATA COLLECTED

Data Collected by NGC is for internal use only (except for use by third party service providers to NGC who perform functions on our behalf but, in such events, Data Collected will only be shared to the extent reasonably necessary to perform their functions and they will not be authorized to use it for any other function). The Data Collected by NGC is assignable by NGC to any purchaser of all or substantially all of NGC’s ownership and/or assets.

Should you breach our terms and conditions or Sites terms, or if we are under a duty to disclose or share Data Collected to comply with any legal obligation, NGC may disclose Data Collected to comply with lawful requests by public authorities, including meeting national security or law enforcement requirements. This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. In particular, we may release the information we collect to third parties when we believe it is appropriate to comply with the law, to enforce our legal rights, to protect the rights and safety of others, or to assist with industry efforts to control fraud, spam or other undesirable conduct.

We may release the information we collect to third parties, where the information is provided to enable such third party to provide services to us, provided that the third party has agreed to use at least the same level of privacy protections described in this Privacy Statement, and is permitted to use the information only for the purpose of providing services to us.

RIGHT OF ACCESS AND OPTING OUT

Individuals have a right to access their Data Collected by NGC. Please contact the NGC Compliance Officer identified below to receive instructions on how to access such Data Collected. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data pertaining to themselves, should direct their inquiries to NGC Compliance Officer at compliance@ngc-group.com or write to us at: National Gift Card Corp., 300 Millennium Drive, Crystal Lake, Illinois 60012.

NGC also gives individuals an opportunity opt-out of Data Collected discloses (except for disclosures NGC is required to make to meet applicable legal requirements or permitting third party service providers who perform functions on our behalf as described above in this Privacy Policy).

NGC will make every effort to respond to all individuals’ access and opt-out requests on a timely basis. Please note it may take up to ten days to remove an individual’s Data Collected from NGC’s databases.

SECURITY OF YOUR INFORMATION

NGC uses various security measures to protect the Data Collected, as appropriate to the type of information, including encryption, firewalls, and access controls to company databases.

ONWARD TRANSFER/INFORMATION SHARING/DISCLOSURE

NGC’s accountability for the Data Collected that it receives under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, NGC remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the Data Collected on its behalf does so in a manner inconsistent with the Principles, unless NGC proves that it is not responsible for the event giving rise to the damage. In cases of onward transfer to third parties of data of EU individuals received pursuant to the EU-US Privacy Shield, NGC is potentially liable.

VERIFICATION -SELF-ASSESSMENT

NGC utilizes the self-assessment approach to assure its compliance with its Privacy Policy. NGC regularly verifies its Privacy Policy is accurate, comprehensive, prominently displayed, completely implemented and in conformity with the EU-US Privacy Shield and the US-Swiss Safe Harbor Framework and conducts its self-assessment on an annual basis to ensure that all relevant privacy practices are being followed. Appropriate employee training is in place and internal procedures for periodically conducting objective reviews of compliance are in place. A statement verifying this self-assessment is signed by a corporate officer or other authorized representative at least once a year.

INQUIRIES OR COMPLAINTS

If you have a question or complaint about this Privacy Policy, the Data Collected or other personal information practices, please contact NGC Compliance Officer at compliance@ngc-group.com or write to us at: National Gift Card Corp., 300 Millennium Drive, Crystal Lake, Illinois 60012.

CHILDREN’S ONLINE PRIVACY PROTECTION

As NGC’s services are provided to businesses only and not consumers directly and the Sites are not designed for or directed toward children under the age of 13.

PRIVACY POLICY CHANGES

Our business changes constantly and our Privacy Policy may also change from time to time. You should check our Sites frequently to see recent changes; however, NGC will not materially change our Privacy Policy to make it less protective of Data Collected. This Privacy Policy was last updated on October 1, 2016.

From time to time, we may use information and/or Personal Information for new, unanticipated uses not previously disclosed in our privacy notice. If our collection, use, and/or disclosure practices change at some time in the future, we will post the policy changes to our Site to notify you of these changes and provide you with the ability to opt out of these new practices. If you are concerned about how your information and/or personal information are used, you should check back at our Sites periodically. Your continued use of the Sites following the posting of changes to these terms shall be deemed your consent to any such changes. Such changes will be evidenced by a change in the effective date of this policy set forth above. We reserve the right, in our sole discretion, to change, modify, add, or remove portions of this policy at any time.

EU-U.S. PRIVACY SHIELD DISPUTE RESOLUTION MECHANISMS

NGC has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you not receive timely acknowledgement of your compliant, or if you complaint is not satisfactorily addressed, please visit: www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.

Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.

NGC has further committed to refer unresolved privacy complaints under the US-Swiss Safe Harbor to an independent dispute resolution mechanism operated by the independent dispute resolution mechanism operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.

APPLICABLE LAW AND JURISDICTION

This Privacy Policy notice is governed by, construed and entered in accordance with the laws of the State of Illinois applicable to contracts deemed to be made within such state of the United States, without regard to choice of law or conflict of law provisions thereof. All disputes with respect to this Privacy Policy shall be brought and heard either in the Illinois State Courts located in the county of Cook or the federal district court for the Northern District of Illinois. ALL SITE USERS WAIVE THEIR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.

NGC is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).