Neiman Marcus 2009 Annual Report Download - page 314

proper disposal of Cardholder Data; and provided, further, that each such authorized subcontractor agrees
to notify promptly Bank and the NMG Companies of any unauthorized disclosure, use, or disposal of, or
access to, Cardholder Data and to cooperate with Bank and the NMG Companies in any investigation
thereof and remedial action with respect thereto;
(ii) to its Affiliates, and its and such Affiliates' employees, attorneys and accountants with a need to
know such Cardholder Data in connection with a permitted use of such Cardholder Data under this
Section 6.2; provided that (A) any such Person is bound by terms substantially similar to this Section 6.2 as
a condition of employment or of access to Cardholder Data or by professional obligations imposing
comparable terms; and (B) Bank shall be responsible for the compliance by each such Person with the
terms of this Section 6.2;
(iii) to any Governmental Authority with authority over Bank (A) in connection with an examination
of Bank; or (B) pursuant to a specific requirement to provide such Cardholder Data by such Governmental
Authority or pursuant to compulsory legal process; provided that Bank seeks the full protection of
confidential treatment for any disclosed Cardholder Data to the extent available under Applicable Law
governing such disclosure, and with respect to clause (B), to the extent permitted by Applicable Law, Bank
(1) provides at least [***] prior notice of such proposed disclosure to NMG if reasonably possible under the
circumstances, and (2) seeks to redact the Cardholder Data to the fullest extent possible under Applicable
Law governing such disclosure; or
(iv) to the extent permitted in the Risk Management Policies and Operating Procedures, to any
consumer reporting agency in accordance with the federal Fair Credit Reporting Act.
(e) To the extent Bank has access to the following information in accordance with the provisions of this
Agreement and subject to Applicable Law and the Program Privacy Policy, Bank shall transmit to the NMG Companies at such times
as may be requested by NMG and in formats agreed to by the Parties in advance from time to time:
(i) for any customer who has applied for an NMG Credit Card, regardless of the marketing channel
of such application: (A) the customer's name, address, email address, telephone number, social security
number and all other information supplied on the application or prescreened response submitted by the
customer; (B) an indication of whether or not the customer has been approved for an NMG Credit Card;
and (C) if the customer has been approved for an NMG Credit Card or Non-Card Payment Plan, the NMG
Credit Card or Non-Card Payment Plan issued (or to be issued) to such customer;
(ii) for each Cardholder, joint-Cardholder and authorized buyer, (1)
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