Outgage Privacy Shield Notice

Effective: February 7, 2022

1. DEFINITIONS

“ Customer(s)” means prospective, current, or former customers, or clients of Outgage and/or Outgage Ltd.

“ Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“ Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

2. SCOPE.

Outgage's participation in the Privacy Shield applies to the Personal Data subject to EU and Swiss data protection law that (i) Outgage receives from Outgage Ltd. and/or (ii) Outgage collects and/or Processes on behalf of Outgage Ltd.

3. PURPOSES OF DATA PROCESSING.

Outgage is a direct mailer platform (the “ Service”).

In order to perform the Service, we, Outgage may collect and use Personal Data, and/or access Personal Data that we collect and/or Outgage Ltd. Such personal data includes: name, email address, phone number, User Name and details, GEO location, IP address, shipping information, billing information, company name, title, or any other data the customer decides to provide. Outgage collects, access and use the Personal Data in order to provide the Services, to correct and address service problems, to contact customers, to perform the agreement (the personalized direct mailers), to customize and personalize the gift experience, to track the gift shipment and recipient interaction, to receive real-time digital engagement results, to optimize the service, to comply with applicable laws, regulations and orders from public authorities or courts, and/or for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedures.

4. ONWARD TRANSFERS OF PERSONAL DATA.

Subject to Section ‎6 below, We will not transfer Personal Data originating in the EU and/or Switzerland to third parties unless such third parties have entered into an agreement in writing with us requiring them to provide at least the same level of protection to the Personal Data as required by the Principles of the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We may transfer Personal Data to cloud service providers who need the information in order to provide services to or perform activities on Our behalf. In cases of onward transfer to third parties of Personal Data received pursuant to the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield, Outgage is potentially liable.

The abovementioned Processors and the description of the services that they provide and/or the activities that they perform are set out in the table below:

5. RIGHT TO ACCESS, CHANGE OR DELETE PERSONAL DATA.

Data subjects have the right to access Personal Data about them, and in some cases to limit use and disclosure of their Personal Data. Data subjects may choose whether their Personal Data will be used for a purpose other than the purpose for which it was originally collected or subsequently authorized. Data subjects may opt-out of such uses of their Personal Data. If you would like to request access to the Personal Data We have processed on behalf of one of the Customers, or opt-out of such uses of your Personal Data, please contact: privacyshield@outgage.co and provide your name, contact information and observe the required formalities under applicable law.

6. REQUIREMENT TO DISCLOSE.

Outgage may be required in certain circumstances to disclose Personal Data in response to lawful requests by courts or public authorities, including to meet national security or law enforcement requirement.

7. PRIVACY SHIELD INDEPENDENT RECOURSE MECHANISM.

In compliance with the Privacy Shield Principles, Outgage commits to resolve complaints about Our collection or use of your Personal Data. EU and Swiss individuals with inquiries or complaints regarding Our Privacy Shield policy should first contact Outgage at: privacyshield@outgage.co or by postal mail sent to:

Outgage, Inc.

Attn: Privacy Shield Inquiry

17011 Lincoln Ave. #554

Parker, Colorado, 80134

USA

Outgage has further committed to refer unresolved privacy complaints under the EU-U.S. Privacy Shield Principles and the Swiss-U.S. Privacy Shield Principles to JAMS, a non-profit alternative dispute resolution provider located in the United States to assist with the complaint resolution process. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information and to file a complaint. The services of JAMS are provided at no cost to you.

8. U.S. FEDERAL TRADE COMMISSION ENFORCEMENT.

Outgage is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC) to ensure compliance with the EU-US Privacy Shield Principles and the Swiss-U.S. Privacy Shield Principles outlined in this notice.

9. ARBITRATION.

Under certain conditions, more fully described on the Privacy Shield website https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may also be able to invoke binding arbitration when other dispute resolution procedures have been exhausted.