Effective January 15, 2019
NGC respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our websites (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
1. Important information and who we are
Purpose of this privacy notice
This privacy notice aims to give you information on how NGC collects and processes your personal data or personal information (as such terms are defined by applicable privacy law) through your use of all of NGC's websites, including any data you may provide through this website when you open an account, place orders to purchase a product or service directly for yourself, on behalf of your end users, or to purchase a product or service for another person. NGC operates both public-facing and commercial-based websites in support of its international businesses (collectively, the "Sites").
None of the Sites are intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
Controller or Processor
NGC is made up of different legal entities. This privacy notice is issued on behalf of the NGC Group so when we mention NGC, "we", "us" or "our" in this privacy notice, we are referring to the relevant company in the NGC Group responsible for processing your data. The following is a chart of the NGC Group legal entities and the identification of such entities roles with respect to your data when NGC products or services are purchased.
|NGC Entity Name||Primary Location & Website||Activity||Classification|
|NGC US, LLC.||United States www.ngc-group.com||B2B Commercial Gift Card Solution Provider||Data Controller of Customers' and Retailers' personal data and Data Processor of Customers' End Users personal data|
|NGC Operations Limited||United Kingdom www.ngc-group.co.uk||B2B Commercial Gift Card Solution Provider||Data Controller of Customers' and Retailers' personal data and Data Processor of Customers' End Users personal data|
|B2C Consumer Gift Card Provider||Joint Controller with Customers and Retailers of consumer personal data|
For purposes of our business activities within the European Economic Area (EEA), NGC has appointed a data representative who is responsible for handling direct inquiries from European Union (EU) data subjects and supervisory authorities. If you have any questions about this privacy notice, including any requests to exercise specific EU data privacy legal rights, please contact the EU Data Representative using the details set out below.
|Full name of legal entity:||NGC Operations Limited|
|EU Data Representative:||Andrew Johnson|
|Postal address:||Crowthorne House, Nine Mile Ride,
Berkshire, RG40 3GE.
|Telephone number:||01344 987678|
EU data subjects also have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (ico.org.uk) or such other supervisory authority within their country of origin. We would, however, appreciate the chance to deal with your concerns before you approach these supervisory authorities so please contact us in the first instance.
Additionally, the NGC Group has established a Privacy Office at its headquarters in the United States (US) and you may contact us regarding any questions concerning this privacy notice using the details set forth below:
|Full name of legal entity:||NGC US, LLC.|
|Name and Title of Privacy Officer:||Martha Durcan, Privacy Officer|
|Postal address:||300 Millennium Drive, Crystal Lake, Illinois 60012|
|Telephone number:||+1 888.472.8747|
The Sites may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Sites, we encourage you to read the privacy notice of every website you visit.
2. The data we collect about you
Personal data, or personal information, means any information about an individual from which that person may be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Identity Data includes company name, individual first and last names, username or other similar identifier, and title.
- Contact Data includes billing address, delivery address, email address and telephone numbers.
- Financial Data includes bank account and payment card details, including credit/debit card account numbers, expiry dates, and security codes to be used pursuant to the Payment Card Industry Data Security Standard (PCI DSS).
- Transaction Data includes details about types, variety, and use of products ordered, the method of delivery, payments to and from you and other details of products and services you have purchased from us.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
- Profile Data includes your username and password, purchases or orders made by you, your preferences, feedback and survey responses.
- Usage Data includes information about how you use our website, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Site's feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
3. How is your personal data collected?
We use different methods to collect data from and about you, including through:
Direct interactions. You or a company or organization you authorize, may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when:
- you or your authorized company or organization creates an account on the Sites;
- subscribe to our service or publications;
- request marketing to be sent to you;
- enter a competition, promotion or survey; or
- give us some feedback.
- redeem a reward distributed through an authorized company or organization.
- checkout on any of NGC's Sites.
Third parties sources. We may receive personal data about you from certain third parties as is necessary for us to fulfill our contractual obligations and for our legitimate interests. Additionally, from time to time, we may purchase prospects lists from validated and regulated sources.
4. How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you or a company or organization you have provided your personal data to.
- Where it is necessary for our legitimate interests (or those of a third party) and your personal data interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing by selecting the opt-out links in any communication.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register new customers||(a) Identity
|Performance of a contract|
|To process and deliver orders including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(e) Marketing and Communications
|(a) Performance of a contract
(b) Necessary for our legitimate interests (to recover debts due to us)
|To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey
(d)Marketing and Communications
|(a) Performance of a contract
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
|To enable you to partake in a prize draw, competition or complete a survey||(a) Identity
(e) Marketing and Communications
|(a) Performance of a contract
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
|To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Identity
|(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
|To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||(a) Identity
(e) Marketing and Communications
|Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)|
|To use data analytics to improve our website, products/services, marketing, customer relationships and experiences||(a) Technical
|Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)|
|To make suggestions and recommendations to you about goods or services that may be of interest to you||(a) Identity
|Necessary for our legitimate interests (to develop our products/services and grow our business)|
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have purchased products or services from us, if you were on a marketing list before 25 May, 2018, or if you signup to receive marketing communications from us and in each case, you have not opted out of receiving that marketing.
We do not share your personal data with any company outside the NGC group of companies for marketing purposes.
You can ask us by following the opt-out links on any marketing message sent to you. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service transaction.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. Disclosures of your personal data
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
- Internal Third Parties as set out in the Glossary.
- External Third Parties as set out in the Glossary.
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
International transfers. We share your personal data within the NGC Group. This will involve transferring your data outside the EEA to the United States.
Onward Transfer/Information Sharing/Disclosure NGC is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC). NGC has used the U.S. self-certification compliance program under the EU-US and Swiss US Privacy Shield mechanism established in the US in 2016. Therefore, NGC's accountability for the personal data it receives under the EU-US and Swiss-US Privacy Shields 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 personal data 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 and Swiss individuals received pursuant to the EU-US and Swiss-US Privacy Shield frameworks, NGC is potentially liable.
NGC implements technical and organizational mechanisms to maintain its Privacy Shield certifications, including regularly verifying its privacy policies are accurate, comprehensive, prominently displayed, completely implemented and in conformity with the EU-US and Swiss-US Privacy Shield Frameworks 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.
EU-US And Swiss-US Privacy Shield Dispute Resolution Mechanisms
NGC has further committed to refer unresolved privacy complaints under the EU-US and Swiss-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 do not receive timely acknowledgement of your compliant, or if your 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 an EU-US and/or Swiss-US Privacy Shield Panel.
International Operations and General Data Protection Regulation (GDPR)
- Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
- Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
NGC retains personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. When personal data is no longer necessary or relevant for NGC's identified purposes, or required by applicable laws, NGC will take steps to delete, destroy, erase, aggregate or anonymize such information. Consistent with good business practices, NGC continues to evolve its controls, schedules and practices for information retention and destruction.
YOUR LEGAL RIGHTS
Under certain circumstances, you have the Legal Rights under GDPR in relation to your personal data as more particularly described below. If you wish to exercise any of the rights set out below, please contact us.
You have the right to:
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Applicable Law and Jurisdiction
NGC continues to make available information to help our users better understand NGC's processing of personal information and how to exercise choices regarding the use of their personal information through various channels including this privacy notice.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
Internal Third Parties
Other companies in the NGC Group acting as joint controllers or processors and who are based in the US and provide IT and system administration services and undertake leadership reporting.
External Third Parties
- Service providers acting as processors based in the US who provide IT and system administration services.
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the US and the UK who provide consultancy, banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the UK who require reporting of processing activities in certain circumstances.
- Internal Revenue Service (IRS) and State revenue regulators and collectors acting as processors or joint controllers based in the US who require reporting of processing activities in certain circumstances.
- Outsourced IT systems and applications security assessment and maintenance companies engaged to monitor, test, and safeguard the integrity of our technology environment.
- US, UK, and Canadian postal services and other non-governmental mailing and delivery service providers.
- Companies or organizations which have established customized Sites hosted by NGC to permit authorized individuals of such companies or organization to place directs order for NGC's products or services