Neiman Marcus 2009 Annual Report Download - page 315

such person's name, address, email address, telephone number, social security number and Account
number; (2) any reported change to any of the foregoing information; (3) transaction and experience data;
and (4) any such other Cardholder Data as the NMG Companies may reasonably request;
(iii) the Cardholder's name and account number for any Account that is delinquent;
(iv) the Cardholder's name and account number for any Account that has been closed; and
(v) the Cardholder Data for all categories of information available on the NMG Companies' credit
Systems as of the date hereof.
Notwithstanding the foregoing, no Party hereto shall be required to provide any information on a personally identifiable basis if the
provision of such personally identifiable information would cause such Party to be considered a "consumer reporting agency" for
purposes of the Fair Credit Reporting Act.
(f) Bank shall cooperate with the NMG Companies to provide NMG and its Affiliates with the maximum
ability permissible under Applicable Law and the Program Privacy Policy to receive, use and disclose the Cardholder Data, including,
as necessary or appropriate, through use of consents or opt-out provisions, in each case as directed by the NMG Companies. Without
limiting the foregoing, NMG and each of its Affiliates may receive, use and disclose the Cardholder Data in compliance with
Applicable Law and the Program Privacy Policy (i) for purposes of promoting the Program or promoting NMG Goods and Services,
(ii) as otherwise necessary to carry out its obligations under this Agreement, and (iii) as otherwise permitted by Applicable Law.
(g) The NMG Companies may use the Cardholder Data in compliance with Applicable Law and the Program
Privacy Policy. Each of the NMG Companies may disclose the Cardholder Data in compliance with Applicable Law and the Program
Privacy Policy solely:
(i) to its existing subcontractors as of the Effective Date and to authorized subcontractors that enter
into agreements with an NMG Company after the Effective Date ("Future Subcontractors") in connection
with a permitted use of such Cardholder Data under this Section 6.2, provided that each such existing
subcontractor and Future Subcontractor agrees in a written agreement satisfactory to NMG and Bank to
maintain all such Cardholder Data as strictly confidential in perpetuity and not to use or disclose such
information to any Person other than an NMG Company or Bank, except as required by Applicable Law or
any Governmental Authority (after giving the NMG Companies prior notice and an opportunity to defend
against such disclosure); provided, further, that each such existing subcontractor and Future Subcontractor
maintains, and agrees in writing to maintain, an information security program that is
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