Hawk Marketplace Standard Terms (Issued 31102025)
These terms and conditions are issued by Blackhawk Network EMEA Limited a company duly incorporated under company number 4155659, having its registered office at Westside, London Road, Hemel Hempstead, Hertfordshire, HP3 9TD and part of the Blackhawk Network group (“BHN/us/we”). These terms and conditions govern the supply of the Products and Services to the client identified in the Contract (“you/Client”). If you have any questions about this Contract, the Products or associated Services please contact your account manager.
Defined terms are as set out in this Contract.
1. Services
(A) Service description and specific obligations
1.1 We will provide you with the services, as further described in this Contract (“Services”) which consists of access to our Hawk Marketplace content platform (“Hawk Marketplace”) where your Users (as defined below) can browse and order: i) prepaid card products, whether plastic or electronic, including as applicable, cards bearing a Network logo that can be used anywhere that accepts that Network brand, subject to the filter selected by the Client or applied by BHN or the Issuer (“Open Loop Prepaid Cards”); ii) branded virtual gift cards, physical gift cards and prepaid cards which when activated can be used to purchase services and goods from the relevant retailer (“Single Merchant Gift Cards”) (collectively Open Loop Prepaid Cards and Single Merchant Gift Cards shall be referred to as (“Cards”); and iii) URLs, electronic codes or tokens that are associated with a designated monetary value, that are redeemable for Cards (“Codes”) and together with Cards (“Products”) and associated services via the Hawk Marketplace application programme interface (“API”) and/or the Hawk Marketplace Self Ordering Portal (“Portal”) for issuance to you or your nominated third party(ies) (“Cardholder(s)”).
1.2 You are solely responsible for management of Cardholder queries. Where such queries relate to Products not received within the timeframe set out in the Contract, you should contact your account manager or other designated contact for a resolution for you to pass back to the Cardholder. For the avoidance of doubt, we will not provide any support directly to Cardholders.
1.3 We reserve the right to withdraw, add or change any Products at any time without notice. We also reserve the right to change, at our absolute discretion, any discount offered to you on the Products.
1.4 You will ensure that your website or platform as appropriate integrates with our API using our standardised data exchange process as notified to you upon acceptance by us of your application form and we will provide you with reasonable assistance and technical support in setting up the API integration. Following certification of your set up on Hawk Marketplace we will provide you with access to an account manager who will provide ongoing support for your programme.
1.5 You are solely responsible for calling the API in your environment in accordance with the specifications provided by us. No rights or licenses are granted except as expressly set forth herein. You will not (and will not allow any third party to) use our APIs in connection with any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to UK or European embargo, unsolicited mass distribution of email (“spam”), multilevel marketing proposals, hate materials, hacking/surveillance/interception/descrambling equipment, libelous, defamatory, obscene, abusive or otherwise offensive content, stolen products or items used for theft, or other illegal purposes. Except as expressly authorized under the Contract, you may not (and will not allow any third party to) (i) copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile, modify, alter or otherwise attempt to copy, access or create any source code which is included in or derived from our APIs or Hawk Marketplace, (ii) interfere with or disrupt the integrity or performance of, or attempt to gain unauthorized access to, our APIs, Hawk Marketplace or its related systems or networks or (iii) otherwise use our APIs or Hawk Marketplace on behalf of any third party.
1.6 We shall use reasonable endeavours to ensure the availability of Hawk Marketplace and the API at the times reasonably required by you, but we do not guarantee that such availability will be uninterrupted or error free.
1.7 In the event that we intend to materially modify, add to or replace Hawk Marketplace and/or the API, we will provide you with advanced written notice of such change wherever reasonably possible. The Parties will cooperate and provide reasonable assistance to each other to test, resolve any issues and ensure the interoperability of Hawk Marketplace and your API connection to it.
1.8 You will establish policies and maintain systems and processes, commensurate with industry standards, to secure your systems and networks and prevent access to them by unauthorised third parties which shall include ensuring that you have state of the art hacking detection mechanisms and appropriate firewalls and protections in place, including for staff working remotely, to detect and prevent account takeovers and/or unauthorised access. We shall bear no responsibility for any fraudulent activity, or any resulting losses, arising as a result of your breach of your responsibilities under this clause and/or a vulnerability in your systems/network and whether or not caused by a third party or the actions or omissions of your own employees, agents or sub-contractors. You shall be responsible for all use of Hawk Marketplace by your employees, agents or sub-contractors and the obligation to make payment for any Orders which are made by your employees, agents or sub-contractors whether or not the same arise out of the fraud, wilful default or negligence of your employees, agents or sub-contractors or an unauthorised third party accessing your computer network database or systems.
1.9 We may suspend Your right and license to use Hawk Marketplace (or any portion of the it, including suspension of activations and provision of Product) for cause immediately upon written notice (email is sufficient notice) to you, if: (i) we determine that your use of Hawk Marketplace poses a security or service risk to us; (ii) we determine that you have failed to comply with Applicable Law or Product terms and conditions, (iii) you are in material breach of your contractual obligations to us, (iv) we determine there is evidence of fraud with respect to an Order placed via Hawk Marketplace; or (v) you use Hawk Marketplace other than as expressly permitted in this Contract.
1.10 Each party agrees that upon having actual knowledge of any loss, theft, damage, unauthorised or fraudulent activity in relation to the use of the Hawk Marketplace pursuant to this Contract to notify the other Party and provide all relevant information in relation to the same. Subject to Applicable Law, you agree to comply with all reasonable requests made by us to investigate, prevent and recover sums due relating to any actual or suspected loss, fraud or improper use of the Products and/or Services.
1.11 You agree to indemnify us in full, on demand, against any and all losses that we may incur or be subject to including without limitation any loss resulting from claims brought by a third party as a result of or arising out of your breach of Clauses 1.5 and/or 1.8 to 1.10 inclusive.
(B) Product orders
1.12 Your User(s) can place an order for Product(s) via: (1) the Hawk Marketplace Portal; and (2) the API (each an “Order”) and that Product will then be delivered directly by us to you or your nominated Cardholders after receipt of payment from you of the Charges due for the Product and associated Services. You acknowledge that our delivery obligations are contingent upon you providing all necessary information in the Order at the time of placement.
1.13 Your authorised contact (as detailed in the application form) may appoint members of your staff as users of the Portal with limited user rights (“Users”) and/or also appoint administration users (“Admin Users”). Admin Users have extensive rights over access to and use of the Hawk Marketplace Portal’s enhanced functionality, including the ability to onboard further Users including further Admin Users, remove Users and Admin Users and specify user permissions. Each individual authorised by You to place an Order via the Portal will access the Portal via credentials unique to that User. You acknowledge and agree that You are fully responsible for all Orders placed through the Portal using credentials registered to You until such time as You notify us in writing that any User is no longer authorised to place Orders on Your behalf and we have acknowledged such notification. We shall not be liable for and shall not be obligated to cancel or correct any Order made through credentials registered to a User, except to the extent of any fraud, act or omission by us or our employees or agents.
1.14 Products will be delivered directly to you in the Portal or in bulk to a single location for onward distribution or directly to the Cardholder. We will use reasonable endeavours to dispatch the Products which are virtual Single Merchant Gift Cards, Open Loop Prepaid Cards or Codes within one (1) Business Day of receiving payment from you for those Products; 2) for Products which are physical Single Merchant Gift Cards within three (3) Business Days of receiving payment from you for those Products.
1.15 In the event that Products are lost in transit we will promptly dispatch replacement Products and you will be liable for payment of such replacement Products and associated postage or delivery costs. You acknowledge and accept (and will ensure that the Cardholders acknowledge and accept) that no Product will be considered lost in transit until a period of ten (10) working days from the date of dispatch has elapsed.
1.16 The terms of the Cardholder’s use of the Products provided under this Contract will be governed by the terms and conditions established by the relevant card Issuer or product retailer (“Retailer”) as applicable. These do not form part of this Contract. BHN makes no representation or warranty related to and has no obligation under and disclaims any liability associated with such terms and conditions.
1.17 Ownership of the Products purchased shall transfer to You or Cardholder, as appropriate, at the point we receive payment in full in respect of that Product. Risk in the Product shall pass to You or the Cardholder, as appropriate, at the point of delivery directly to you in the Portal or to the nominated location specified by you.
1.18 Products are provided with a specified validity period. After this period of time has elapsed the Products will become void and cannot be redeemed. We will not issue a refund to you or the Cardholder for Products which not been redeemed by the expiry of the specified validity period.
1.19 We will also ensure that the Product can, where applicable, be redeemed in return for goods or services at the chosen Retailer. Please note that we cannot be held liable in the event that a Retailer is subject to insolvency.
1.20 You warrant that you will not offer the Product for resale to consumers. In addition, you warrant and represent that the Product shall only be used pursuant to a bona fide, awards, rewards, loyalty, incentive, rebate or promotional programme which, for the avoidance of doubt may be provided by you for your corporate clients closed user groups.
1.21 We, the Issuer or the Network each as defined below may require you to provide certain information to identify: (i) the intended use of the Products; (ii) your identity; and (iii) the identity of your owners. Such information may be used to comply with applicable anti-money laundering laws and to confirm that the Cardholder agreement with the Retailer or Issuer as appropriate will comply with Applicable Law. You represent and warrant that any such information provided to us is true and accurate and shall remain true and accurate prior to the placement of any Orders.
1.22 You acknowledge and agree that the design of any Product and use of Products may be subject to the approval of Visa, Mastercard or other network as applicable (“Network”) and the issuing bank with whom the accounts associated with the Cards are held or Retailer issuer (“Issuer”). You acknowledge that such approval may be withdrawn by the Network or Issuer at any time. In addition, should we determine in our sole discretion that any such use is likely to result in a withdrawal of approval by the Network or Issuer, or is likely to result in economic or reputational damage to the Network, the Issuer or BHN based upon the actual or intended use of the Products or circumstances in which the Products are made available, then BHN may cease or suspend issuance of the Products and/or require you to cease or suspend Products held by you in any inventory.
1.23 The Issuer may impose a limit on the total active balance any Cardholder may control, BHN reserves the right to monitor such balances and may, but shall not be required to, block access to funds if the combined balance of all Products controlled by a single Cardholder exceeds the limit set by the Issuer.
1.24 Transactional information obtained by the Issuer will be the sole property of the Issuer.
1.25 Client shall not send or instruct Products to be sent outside the U.S., it’s territories, the District of Columbia, or Canada, unless the Client’s program utilizes a Product specifically authorized for international shipment.
1.26 BHN will not fulfil Products to countries prohibited or sanctioned by the Foreign, Commonwealth and Development Office (FCDO), the Office of Foreign Assets Contract (OFAC), the Financial Action Task Force (FATF), the Office of the Superintendent of Financial Institutions (OSFI) or other relevant authority and/or as directed by the Issuer and/or BHN.
1.27 When the Services include sending SMS text messages or emails to Cardholders we will transmit SMS text messages or emails to the telephone numbers or email addresses provided by you. The SMS text messages and/or emails will be sent on your behalf and you are liable for the content of all such SMS text messages and/or emails. You will inform us in writing when an individual is no longer authorised to provide us with instructions or SMS text message or email content on your behalf.
1.28 You are responsible for obtaining and maintaining all consents and permissions required by Applicable Law in order for us to transmit SMS text messages or emails to Cardholders in the provision of the Services.
1.29 The successful delivery of SMS text messages or emails may depend on the actions of third party service providers that we do not control, such as mobile communication carriers and telecommunications networks. We will use commercially reasonable efforts to transmit SMS text messages or emails included in the Services but are not responsible for delivery issues that are outside of our control.
1.30 We may suspend our text messaging or email issuance Service upon written notice and require fulfilment via an alternative method if we determine or reasonably believe that: (a) you may be in breach of this Contract; (b) that your use of the SMS text messaging or email issuance Service may constitute a breach of our service provider’s acceptable use policy; (c) there is an unusual, material spike in your use of the SMS text messaging or email issuance Service or other circumstances that we reasonably determine may be an indicator of fraudulent activity; or (d) your use of the SMS text messaging or email issuance Service may impede our ability to offer the SMS text messaging or email issuance Service to other clients, for instance if your use of the SMS text messaging or email issuance Service may not comply with Applicable Law or telecommunication industry best practices guidelines. Should we invoke suspension in accordance with this clause 1.30 the parties will promptly agree an alternative method of fulfilment, including parameters and conditions of such fulfilment.
1.31 Client shall, at all times, accurately describe the terms and conditions of the Product(s), as applicable, not strictly those for branding purposes, and Client shall be solely liable for all costs, expenses and outcomes of descriptions of the Product(s) other than as approved by BHN as defined herein. Client shall not market, advertise or promote the availability of Products or the program(s) under which they are distributed in any way that (i) is misleading or potentially misleading, or (ii) fails to clearly identify program eligibility criteria or material terms and conditions of the Products. Client shall not promote or market any Product as a "gift," "cash," "cash back" or a similar cash equivalent.
1.32 You will indemnify and defend us against all and any costs, claims, damages, fines or expense we incur that result from our transmission of SMS text messages to telephone numbers in compliance with our obligations in this Contract, including those arising from your breach of any Applicable Law or of any obligation or representation set out in these clauses 1.27 to 1.31 inclusive.
(C) Contracting with Us
1.33 We will issue an application form for the Services based on the information that you provide. You can request the Services from us by signing the application form and returning it to us or by electronically signing. Your signed application form is an offer by you to buy the Services subject to these terms. Our acceptance of your offer will take place when we email you to confirm that we agree to provide you with the Services, at which point the Contract will come into existence between us. If we are unable to agree to provide you with the Services or accept any Order placed by you for any reason we will inform you of this in writing (which can be via email). Upon acceptance and approval by us of Your signed application form or electronic signature, You agree to comply with the terms and conditions set forth herein including any exhibits, annexures or appendices and any country specific terms applicable to agreements for particular jurisdictions as may be set out herein and as amended by BHN from time to time.
1.34 If you wish to procure additional Products and Services you can request the additional Products and Services from us by signing the BHN proforma contract variation and returning it to us or by electronically signing. Your signed BHN proforma contract variation is an offer by you to procure the additional Products and/or Services subject to these terms. Our acceptance of your offer will take place when we email you to confirm that we agree to provide you with the additional Products and/or Services at which point a formal contract variation pursuant to Clause 12.6 below shall come into existence between us. If we are unable to agree to provide you with the additional Products and/or Services for any reasons we will inform you of this in writing (which can be via email).
1.35 The additional terms and conditions set out at exhibit 1 apply to Orders for Open Loop Prepaid Cards issued in GBP. In the event of a conflict between the terms of exhibit 1 and any other terms of the Contract or any other relevant exhibit in relation to the Open Loop Prepaid Cards the terms and conditions in exhibit 1 shall take precedence. Exhibit 1 does not apply to Open Loop Prepaid Cards that are not provided in GBP.
1.36 If You wish to purchase any Products, the resale and distribution of which are subject to additional terms and conditions dictated by the Issuer or necessary in BHN’s reasonable discretion, You acknowledge that execution of and compliance with such terms and conditions shall be a condition precedent to Your ability to purchase such Products. The terms of exhibit 2 hereto, the Amazon Agreement Acknowledgement, are incorporated herein and apply to each Order by You for Amazon-branded Cards.
(D) Marketing
1.37 You will ensure that all marketing literature or communications to be used in relation to Hawk Marketplace and/or the Product is approved by us in writing prior to use. You acknowledge that we may need to obtain approval from third party Retailers, the Network or the Issuer and as such, we are unable to commit to timeframe for reviewing such literature and communications. You are solely responsible for the cost of Your creative and implementation strategy, branding, marketing and development of any Product related programme and the cost of printing, translation of any promotional materials and any subsequent amendments to such items.
2. Charges, Payment Method and Payment
2.1 In consideration for the supply of the Products and associated Services you agree to pay the charges detailed in the Contract (“Charges”).
2.2 The Charges exclude VAT, duties and taxes. You will pay the applicable duties and taxes, at the prevailing rate, at the same time as you pay the Charges. Each party will be responsible, as required under Applicable Law, for identifying and paying all sales taxes and all other taxes and governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments under this Contract (“Indirect Taxes”). All fees payable under this Contract are exclusive of Indirect Taxes. If either party has an obligation under Applicable Law or this Contract to pay or collect any Indirect Taxes for which the other party is legally liable or responsible under this section, then the paying party will invoice the other party for such Indirect Taxes, and the other party will pay that invoiced amount of Indirect Taxes to the paying party. Each party will provide the other such information as is reasonably required to determine whether there is an obligation to collect Indirect Taxes. The parties shall not collect nor pay any such Indirect Tax or duty for which a properly completed exemption certificate or a similar legally-valid document is provided for which a party may claim an available exemption from Indirect Tax. All payments made for Products and services provided under this Contract shall also be exclusive of any withholding or deduction for taxes. The parties will provide each other with such tax forms as are reasonably requested in order to reduce or eliminate the amount of any withholding or deduction for taxes in respect of payments made under this Contract.
2.3 In the event that either party receives from its counsel, any governmental authority, or any other reputable source, information of (i) any demand on either party for collection or payment of taxes not contemplated in this section, or (ii) any form of inquiry related to the tax treatment of payment for fees or other amounts due under this Contract, either of which event, in the reasonable opinion of the party so informed, may materially and adversely affect the performance of this Contract (a “Tax Change Event” or “TCE”), then that party may notify, in writing, the other of a Tax Change Event. Thereafter, the parties will promptly discuss, in good faith, whether modifications need to be made to this Agreement in respect of the TCE. If the parties do not come to an understanding regarding the TCE within thirty (30) days after the date of the TCE notice, then either party may terminate this Contract with thirty (30) days’ prior, written notice to the other party.
2.4 Subject to Clause 2.5 below all payments shall be made in Pounds Sterling and by the payment method stipulated below or in the application form.
2.6 For Products purchased in a currency different from the currency used for the payment, the charge for the value of the Product purchased will be calculated using a market exchange rate effective at the same predetermined time on the same business day as the Order. However, where required by Applicable Law or regulation, the exchange rate used in the calculation will be the relevant official or government mandated reference rate. This will be assessed to You at the time of the Order. A convenience fee may also be assessed to You at the time of the Order as part of the Charges for the Products ordered and will be final and binding at the time of acceptance of the Order by BHN.
2.7 In the event you have not paid us within the agreed payment term, we may (a) charge interest on the outstanding amount at the rate of 4% per year above the base rate of the Bank of England to accrue daily from the date on which payment fell due until the date on which payment is made in full cleared funds and (b) disable your access to all or part of the Services and/or suspend our performance of the Services.
2.8 We reserve our right to increase the Charges annually with effect from the Effective Date in accordance with the annual percentage increase in the Retail Prices Index as published by the UK Office of National Statistics.
2.9 Postage Charges are subject to change. All such charges shall be automatically adjusted following an increase in the relevant third party postal rates.
2.10 Without prejudice to any other right or remedy, we may set off any amount which is due and owing by us or any of our Affiliates to you or any of your Affiliates either under this Contract or any other contract between us or our Affiliates and you or any of your Affiliates whether existing now or in the future.
2.11 Where your agreed payment method is by Float:
2.11.1 We will agree with you an amount which you will pay to us in advance which will be available for us to take payment from for fees due for the Orders for Products placed by the Users (“Float”). Upon acceptance of an Order for Products we will issue an invoice to you and automatically deduct the fees due for the Products you have ordered from the Float. Funds due once taken from the Float are non-refundable and non-returnable. When the amount of available funds in the Float drops below a threshold established by agreement between the parties Hawk Marketplace will submit an automated payment request to you and you will submit funds in an amount sufficient to bring the balance of the Float back up to the agreed amount.
2.11.2 The funds in the Float shall remain your property until such time as they have been set-off by us to pay for the Product fees due. You acknowledge that no interest is payable in respect of the funds in the Float.
2.11.3 Upon termination of the Contract, you may request the return of the funds remaining in the Float and we will return such funds within a reasonable time after deduction of all outstanding fees and Charges that are due to us.
2.12 Where your agreed payment method is prepay you shall prepay the amounts due, which are non-refundable and non-returnable, set forth in the Order and any associated Charges as detailed in the Contract at the time of placement of the Order.
2.13 Where your agreed payment method is post pay you will pay all invoices by bank transfer and do so within three (3) calendar days of the date of the relevant invoice unless stated otherwise on the invoice. Charges due are non-refundable and non-returnable.
2.14 You acknowledge and agree that where your agreed payment method is via Float or prepayment we will not be required to process or release Products until the corresponding funds are prepaid or forwarded and made available to us in the Float, as applicable.
3. Warranties and Obligations
3.1 You warrant and represent on an ongoing basis that: a) you have full capacity and authority to enter into and perform your obligations under this Contract; b) the Contract is executed by your duly authorised representative; c) you will ensure that the data, including Personal Data, that you provide is accurate and up to date; and d) the intended use of the Services stated on the contract form is complete, accurate and true.
3.2 You will a) co-operate with us in all matters related to the Services and ensure the same of your independent contractors; b) promptly supply us with such materials and data as we may reasonably request; and c) comply with all Applicable Laws.
3.3 We will ensure that the Products are properly packed and secured in a manner to enable them to reach their destination in good condition.
3.4 We will use reasonable endeavours to meet any performance dates agreed with you in writing, but any such dates are estimates only.
4. Term
4.1 Subject to the provisions for earlier termination, this Contract is deemed to have commenced on the Effective Date and shall continue in full force and effect for the Contract Duration.
5. Liability
5.1 This clause 5 sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of all matters arising out of this Contract.
5.2 Nothing in this Contract limits or excludes a party’s liability for (a) death or personal injury resulting from its negligence; or (b) any damage or liability arising from its fraud or fraudulent misrepresentation; or (c) for any other liability which cannot be limited or excluded by Applicable Law.
5.3 Subject to clause 5.2, we will not be liable to you for any of the following (where in each of clauses 5.3(b) to 5.3(j) inclusive of a direct or indirect nature): a) special, indirect or consequential loss; b) loss of profits; c) loss of business; d) depletion of goodwill and/or similar losses; e) loss of anticipated savings; f) loss of goods; g) loss of contract; h) loss of use; i) loss, damage or corruption of data or information; and j) any pure economic loss, costs, damages, charges or expenses.
5.4 Subject to clauses 5.2 and 5.3, our total liability to you in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this Contract shall not exceed the lesser of (i) the total value of Orders processed in the twelve (12) months preceding the event or occurrence giving rise to the liability or (ii) fifty thousand pounds (£50,000).
5.5 All warranties, conditions, undertakings or terms, express or implied, statutory or otherwise as to the condition, quality, performance or fitness for purpose of any goods or services provided by us pursuant to this Contract are excluded from this Contract save to the extent they are expressly provided herein.
6. Confidentiality
6.1 Each party agrees to keep confidential all Confidential Information and will only use the other party’s Confidential Information for purposes of fulfilling its obligations under this Contract.
6.2 The receiving party shall treat the disclosing party’s Confidential Information with at least the same degree of care that it treats in own Confidential Information but in any event with no less than a reasonable degree of care.
6.3 The receiving party may disclose the disclosing party’s Confidential Information to its employees, officers, representatives or advisers who need to know such Confidential Information for the purpose of carrying out the receiving party’s obligations under this Contract.
6.4 For the purpose of this Contract, Confidential Information shall not include information which is: a) in the public domain or falls into the public domain otherwise than due to breach of this obligation by the receiving party; or b) lawfully in the receiving party’s possession at the time of disclosure by the disclosing party; or c) lawfully acquired from an independent third party who did not itself obtain it under an obligation of confidentiality; or d) independently developed without access to any information disclosed by the disclosing party; or e) required to be disclosed by any court or governmental or administrative authority competent to require the same or by any Applicable Law.
7. Intellectual Property Rights
7.1 All pre-existing Intellectual Property Rights shall remain the sole property of the originating party and the other party shall acquire no rights therein. Each party hereto warrants to the other party that to the best of its knowledge, all material, logos, information or other data provided to the other party in any media does not infringe the Intellectual Property Rights of any third party.
7.2 Client acknowledges that any and all of the Intellectual Property Rights subsisting in or used in connection with the BHN IPR, the Deliverables and the Services shall remain the sole property of BHN or such other party as may be identified therein or thereon and Client shall not at any time dispute such ownership.
7.3 BHN grants the Client, or shall procure the direct grant to the Client of, a fully paid-up worldwide, non-exclusive, royalty-free, non-sublicensable and revocable licence to use the BHN IPR for the purpose of receiving and using the Services and/or the Deliverables in the Client’s business during the Contract Duration.
7.4 Client shall not (without the prior written consent of BHN) permit any third party to use the BHN IPR, Services or Deliverables in any way whatsoever and shall notify BHN immediately if Client becomes aware of any unauthorised use of the whole or any part of the BHN IPR, Services or Deliverables by any person.
7.5 Client grants BHN and its Affiliates and service providers a fully paid-up, worldwide, non-exclusive, royalty-free, transferable licence to use, copy and modify the Client Materials for the purpose of providing the Services.
7.6 Client shall indemnify and keep indemnified BHN and its Affiliates and service providers from and against all costs, claims, demands, liabilities, expenses, damages or losses they suffer or incur as the result of any claim or proceedings brought by a third party as a result of any goods or services supplied either to Client’s design/specification or in accordance with or based upon any information or materials supplied by Client or any Client Materials supplied to BHN.
8. Data Protection
8.1 Each party confirms that it holds, and during the term of this Contract will maintain, all registrations and notifications required in terms of the Data Protection Laws which are appropriate to its performance of its obligations under this Contract.
8.2 Each party confirms that, in the performance of this Contract, it will comply with the Data Protection Laws.
8.3 You warrant that you have (and, at all times during the period this Contract is in force, will have) the requisite rights, authority and consents to disclose any Personal Data to BHN for the purpose of the performance of this Contract and that use by BHN of such Personal Data to provide the Services hereunder in accordance with the Contract and your instructions will not infringe the rights of any third party.
8.4 BHN, as well as its vendors, suppliers and providers, may obtain, use, disclose and otherwise process personal Data (as that term is defined in the DPA) in the provision of the Services in accordance with the DPA which is incorporated into the Contract by reference and can be viewed at https://blackhawknetwork.com/b2b-data-protection-addendum . The DPA includes Attachments 1 and 2 to this Contract. As further described in the DPA: (1) the address for assistance with Data Subject Requests is DL-GlobalPrivacyOffice@bhnetwork.com (this email address is confidential and should not be made available to the public); and (2) notifications to BHN regarding a Personal Data Breach should be sent via email to: DL-OCC@bhnetwork.com.
9. Termination
9.1 Either party may terminate the Contract with immediate effect by giving the other written notice if:
9.1.1 the other commits a material breach of any term of the Contract and (if such breach is remediable) fails to remedy that breach with thirty (30) days of being notified in writing to do so;
9.1.2 if any step or action in connection with the other entering into administration, provisional liquidation or any composition or arrangement with their creditors (other than in relation to solvent restricting), being wound up (whether voluntarily or by order of the court, unless for the purpose of solvent restructuring), having a received appointed to any of its assets or ceasing to carry on business or actions is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction; or
9.1.3 the other party suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business.
9.2 Without affecting any other right or remedy available to it, BHN may terminate this Contract with immediate effect by giving written notice to Client if Client fails to pay any amount due under this Contract by the due date for payment and remains in default not less than thirty (30) days after being notified in writing to make such payment.
9.3 BHN may terminate this Contract and/or any Order placed pursuant to this Contract: i) if required by the Network, Issuer or any vendor required for the processing and fulfilment of Products; ii) in the event any financial statement, representation, warranty, statement or certificate furnished by Client in connection with or arising out of this Contract is materially untrue as of the date made or delivered; iii) upon any change in any applicable statute, rule, regulation or other law or any order or directive or interpretation of any applicable governmental authority or regulatory body which in the reasonable opinion of BHN either invalidates or is otherwise inconsistent with the terms of this Contract, would cause one or both of the parties to this Contract to be in violation of the law, would materially impact BHN’s ability to satisfy its obligations under this Contract; and/or would have a material adverse impact on BHN’s business, financial condition and/or operations; iv) if there is excessive fraud associated with the ordered Products, as determined by BHN in its sole discretion. BHN shall have the right to suspend performance under the Contract or any Order placed pursuant to the Contract during the notice period and/or thereafter unless and until the breach is fully remediated by the Client.
9.4 Termination of the Contract shall not affect any rights or remedies that have accrued as at termination.
9.5 Any provision of the Contract that expressly or by implication is intended to come in force on or after termination shall remain in full force and effect.
9.6 Notwithstanding any provision or arrangement allowing Client credit, payment of all sums owing under the Contract shall become due and payable to BHN immediately upon the termination of this Contract.
10. Force Majeure
10.1 Neither party will be liable for any loss or damage from any delay or failure to supply any Deliverables or Services due to any circumstances beyond its reasonable control ("Force Majeure Event"), provided that the affected party informs the party as soon as practicable after first becoming aware of the Force Majeure Event.
10.2 If the Force Majeure Event in question continues for more than 30 days, either party may give notice in writing to the other of not less than 30 days to terminate this Contract.
10.3 To the extent that BHN continues to provide the Deliverables and/or Services during a Force Majeure Event, Client shall pay the Charges to BHN in accordance with the provisions of this Contract.
11. Non-Facilitation of Tax Evasion
11.1 Each party warrants, represents and undertakes that it will not engage in any activity, practice or conduct which would constitute either: (i) a UK tax evasion facilitation offence under section 45(5) of the Criminal Finances Act 2017; or (ii) a foreign tax evasion facilitation offence under section 46(6) of the Criminal Finances Act 2017 (each a “Facilitation Offence”).
11.2 Each party will: (i) establish, maintain and enforce its own anti-Facilitation Offence policies and procedures as are reasonable to prevent the occurrence of a Facilitation Offence by it and its associated persons and to ensure compliance with clause 1 above; (ii) carry out periodic assessments of the risk of one or more of it and its associated persons committing a Facilitation Offence; and (iii) notify the other in writing if it has reason to believe that it has received a request or demand from a third party which could constitute a Facilitation offence in connection with the performance of its obligations under this Agreement.
12. General
12.1 If there is an inconsistency between any of the provisions in these Terms and the application form, the provisions in these Terms shall prevail.
12.2 Client shall not assign this Contract without the prior written consent of BHN. However, BHN may assign or subcontract or deal in any other manner with any or all of its rights and obligations under this Contract.
12.3 All notices given under this Contract shall be in writing and sent by first class recorded delivery post or delivered by hand to the other at its address stated on the Contract (or at such other address as the party has previously notified the other in writing as its address for services) and in relation to BHN shall be marked for the attention of the Principal Legal Counsel with a copy to the Managing Director at the address stated above and with an additional copy to the General Counsel of BHN Network, 6220 Stoneridge Mall Road, Pleasanton, CA94588. Any such notice will be deemed to have been served immediately if delivered by hand or in the case of delivery by post, 48 hours after posting.
12.4 If any provision (or part of a provision) of this Contract is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, that provision will apply with whatever modification is necessary to make it valid, enforceable and legal.
12.5 The parties to this Contract do not intend that any of its terms will bind or be enforceable by any person other than Client and BHN.
12.6 Any variation or amendment to this Contract will not be binding on the parties unless set out in writing, expressed to amend this Contract and signed by an authorised representative of each party save as set out in this clause 12.6. BHN reserves the right to update these terms and conditions and where such change is material will inform you before those changes take effect, either through the user interface, in an email message or through other reasonable means. If you object to an intended change, you may terminate this Contract by giving written notice to BHN within 30 days of such change becoming effective. Your continued use of the Services or Deliverables after the change becomes effective will mean that you have agreed to the new terms and conditions.
12.7 These terms and conditions and the application form constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of this Contract. They apply to the exclusion of any other terms that you seek to impose or incorporate by trade, custom, practice or course of dealings. For the avoidance of doubt, any terms in a purchase order issued by Client shall not be legally binding and may not act as a form of offer, counter offer or an addition to or modification of the Contract.
12.8 No delay, neglect or forbearance on the part of either party in enforcing any term or condition of this Contract shall either be or be deemed to be a waiver or in any way prejudicial to any right of such party under this Contract.
12.9 The formation, construction, performance, validity and all aspects whatsoever of this Contract and any differences or disputes (including non-contractual disputes) shall be governed by English law and each party irrevocably agrees to submit all dispute arising out of or in connection with it to the exclusive jurisdiction of the English Courts to settle any dispute or claim that arises out of or in connection with this Contract or its subject matter.
Defined Terms
Affiliate means any third party which is either: majority owned or effectively controlled by the party concerned or; is the majority owner or effective controller of the party concerned or; is controlled by the same party as the party concerned.
API means an application programming interface that enables two applications to exchange data.
Applicable Law means all applicable laws, regulations, regulatory requirements and codes of practice of any relevant jurisdiction, as amended and in force from time including but not limited to any order that is given by a regulator (including, but not limited to, the Financial Conduct Authority and the Central Bank of Ireland).
BHN IPR means any and all Intellectual Property Rights owned or applied for by BHN or any of its Affiliates including but not limited to the Technology System.
Business Days means a day which is not a Saturday, Sunday or public holiday in England.
Client Materials mean all information, materials (including but not limited to logos, branding, and trademarks) and data provided to BHN by Client.
Confidential Information means information in whatever form (including, without limitation, in written or oral, and wherever located) relating to the business, products, affairs and finances of the disclosing party and trade secrets including, without limitation, technical data and know-how relating to the business of the disclosing party or any of its suppliers, clients, customers, agents, or distributors, whether or not such information (if in anything other than oral form) is marked as confidential.
Contract means these terms and conditions (as may be updated by BHN from time to time pursuant to clause 12.6) and the application form signed by Client and accepted by BHN.
Contract Duration means the period starting on the Effective Date and continuing until either party gives the other party one month’s written notice to terminate with such notice expiring on or after the Minimum Term stated on the application form.
Data Protection Laws mean means the UK GDPR (as defined in the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019/419), the Data Protection Act 2018 (as amended and superseded from time to time), and/or all Applicable Law from time to time, in each case in each jurisdiction where the Services are delivered in relation to data privacy.
Deliverables means any bespoke documents, products and materials detailed in the Contract and developed by us as part of or in relation to the Services.
Effective Date means the date on which we email you the acceptance referred to in clause 1.33.
Intellectual Property Rights mean all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Technology System means the information technology system developed by BHN or any of BHN’s Affiliate to deliver the Deliverables or Services (including but not limited to Hawk Marketplace and the API, its technology platforms, database systems, software, applications, tools, processes and related source codes but excluding any elements which do not form part of the generic functionality of such system such as any Client data compilations or visual features or layouts created at the specific request of Client and which form part of the Deliverables).
Exhibit 1 – ADDITIONAL TERMS AND CONDITIONS SPECIFIC TO OPEN LOOP PREPAID CARDS IN GBP
1. Issuance of Open Loop Prepaid Cards. The Open Loop Prepaid Cards are provided by Blackhawk Network EMEA Limited, with registered number 4155659 and whose registered office is at Westside, London Road, Hemel Hempstead, Herts HP3 9TD. GVS Prepaid Limited with company registration number 09193070 and whose registered office is at Westside, London Road, Hemel Hempstead, Herts HP3 9TD, authorised and regulated by the Financial Conduct Authority as an Electronic Money Institution (Registration Number 9000230) under the E-Money Regulations 2011 is the Issuer of any Open Loop Prepaid Cards issued in GBP.
2. E-Money Terms. Open Loop Prepaid Cards programs can be set up such that the funds (“E-Money”) loaded to the Open Loop Prepaid Card are either Client owned or Cardholder owned. BHN shall notify you whether your program will be Client or Cardholder owned based on the agreed use case. If you are offered an Open Loop Prepaid Card program under which the E-Money is Client owned You must comply with the terms and conditions which govern the relationship between You and the Issuer in relation to the Open Loop Prepaid Cards a copy of which can be accessed here GBP E-Money Terms (references within the GBP E-Money Terms to the programme manager are references to BHN). If you are offered an Open Loop Prepaid Cards program under which the E-Money is Cardholder owned the terms and conditions governing the relationship between the Cardholder and the Issuer will be set out in the Card Terms which will be provided to the Cardholder by BHN when they register for and activate their Open Loop Prepaid Card.
3. Program Materials; Advertising and Promotions. If directed by BHN, You shall provide the following materials to Open Loop Prepaid Card recipients: (a) the terms and conditions governing use of the Open Loop Prepaid Cards (“Card Terms”); and (b) any other BHN or Issuer disclosures or notices. Per agreement between You and BHN, BHN may provide the terms and disclosures referenced above to Open Loop Prepaid Card recipients on Your behalf. You shall notify Us of the intended use for the Open Loop Prepaid Cards and shall provide Us with a full Open Loop Prepaid Card recipient journey prior to Open Loop Prepaid Card program set up including detail of how the Open Loop Prepaid Card recipient data is validated. You acknowledge and accept that Open Loop Prepaid Cards issued in GBP may only be issued to individuals who are registered residents of the United Kingdom (including for the avoidance of doubt such individuals who are temporarily working or residing outside the United Kingdom). You must notify BHN as soon as You become aware or at least two (2) weeks in advance of any future changed to the approved Open Loop Prepaid Card recipient journey, of any significant and sudden planned increase in promotional activity that may require BHN approval and of any projected significant increases in Open Loop Prepaid Card orders.
4. Non-Issuance, Cancellation, Suspension or Expiration of Prepaid Cards. Issuer shall not be obligated to issue an Open Loop Prepaid Card and may suspend or cancel any Open Loop Prepaid Card or may cease issuing Open Loop Prepaid Cards for You, for reasons of compliance with Applicable Law, payment network rules or safe and sound banking practices. You acknowledge that the Open Loop Prepaid Cards include an expiration date.
5. Cardholder Identification. Upon request, You shall reasonably cooperate with BHN and/or Issuer to verify the identity of Open Loop Prepaid Card recipients in accordance with BHN’s or Issuer’s requirements. BHN or Issuer may request and obtain information directly from an actual or proposed Open Loop Prepaid Card recipient to verify the identity of such individual. You acknowledge and accept that unless otherwise agreed with BHN and detailed in the Order Open Loop Prepaid Cards will: (i) only be provided to recipients who have satisfied BHN’s or Issuers identification verification requirements; (ii) are subject to a £1000 maximum load value; and (iii) may not be reloaded.
6. Prepaid Card Funds; funds to be loaded to the Open Loop Prepaid Card will be taken from the Float or pre-pay account and will be transferred to: i) a ring-fenced bank account held by the Issuer that meets the Financial Conduct Authority’s requirements of a “Safeguarded Account” for the purpose of safeguarding e-money (under the Electronic Money regulations 2011) for Open Loop Prepaid Cards issued in GBP (“Collection Account”). In consideration for the provision of the Open Loop Prepaid Card program management services where the E-Money is owned by the Client, Open Loop Prepaid Card program funds in respect of: a) Open Loop Prepaid Cards which are not activated within any activation window agreed with You; and b) remaining on an Open Loop Prepaid Card at expiry shall be the property of BHN.
7. Prepaid Card recipient Fees. You acknowledge that the Issuer may debit Prepaid Cards for the fees and service charges set forth in the Card Terms. Issuer may increase or add to the fees and services charges applicable to Prepaid Cards from time to time.
8. Access to Information. In order to comply with laws, Network rules and regulatory requirements, Issuer or BHN may request that You provide records pertaining to the setup of Open Loop Prepaid Card recipients for participation in the program. You agree and understand that failure to provide such requested information may result in the termination of Your ability to purchase the Open Loop Prepaid Cards, provided that Issuer and BHN will use commercially reasonable efforts to minimize the impact of any data production requests on You.
9. Negative Balance. Where there is a negative balance on an Open Loop Prepaid Card you shall provide all reasonable assistance to BHN to enable BHN to recover the funds from the Cardholder to clear the negative balance. Where the negative balance is not cleared by the Cardholder within a reasonable time, you accept responsibility for clearing the negative balance on the Open loop Prepaid Cards.
10. Cardholder Support Services. We will provide access to Cardholder support services for the Cardholders. The Cardholder support services will be available 8:00am to 8:00pm GMT, Monday to Sunday excluding Christmas Day, Boxing Dat and New Years’ Day. We will endeavour to provide an initial response to email queries received within two (2) Business Days. The Interactive Voice Recognition facility will be available at all times with the exception of planned maintenance.
11. Sanctions. It is the Issuer’s obligation under the UK sanctions regime to ensure that none of the Cardholders included in the Order are on any sanctions list and as such following Open Loop Prepaid Card issuance BHN on behalf of the Issuer will perform sanction checks on all Cardholders. Those whose name subsequently appears on any such list will have their Open Loop Prepaid Cards cancelled.
12. Limitation of Liability and Indemnification. BHN or Issuer shall have no liability to You resulting from or related to the issuance or distribution of Open Loop Prepaid Cards by the You.
Exhibit 2
Amazon Agreement Acknowledgement
This Amazon Agreement Acknowledgement is accepted by Client (“You,” or “Your”). You and Blackhawk (“Blackhawk,” or “We”) are parties to an electronically-accepted Order Agreement (the “Agreement”), to which this Amazon Agreement Acknowledgement is attached. Capitalized terms used but not defined herein shall have the meanings assigned to them in the Agreement.
Certain Card Issuers require that Blackhawk request from its clients a separate agreement (“Agreement Acknowledgement”). In order to allow Blackhawk to provide You with Amazon.com-branded Cards and other Amazon branded Cards (the “Amazon Cards”), the Issuer, ACI Gift Cards, Inc., a Washington corporation (“ACI”) and Amazon Fulfilment Services, Inc., a Delaware corporation or its affiliates (“AFS” and with ACI, collectively “Amazon”) require that We secure an Agreement Acknowledgment from You. The terms and conditions set forth below comprise what Amazon requires in an Agreement Acknowledgement. In the event that there is any conflict or inconsistency between the Agreement and this Agreement Acknowledgement, the provisions of this Agreement Acknowledgement shall control, unless specifically amended herein.
Notwithstanding anything to the contrary in the Agreement, and in consideration for Blackhawk’s services to you with regard to the Amazon Cards, You hereby acknowledge and agree to be bound by and comply with the following terms and conditions with regard to Amazon Cards:
a) Other than as contemplated in the Agreement, You will not resell any Amazon Cards;
b) All Amazon Cards are subject to the Amazon general terms (as defined and identified by Amazon at https://www.amazon.com/gp/help/customer/display.html?nodeId=202120960 or any location designated by Amazon in the future). Amazon reserves the right to void or reject any Amazon Cards for redemption that is suspected to have been obtained or created by fraud, deception, data breach, account compromise, or any other improper or illegal conduct (each, a "Security Incident"). You will make the Amazon general terms available to recipients of Amazon Cards in a manner and form as provided by Blackhawk, the required form of which is directed by Amazon;
c) You will maintain (and require that your Purchasers, if any, maintain) administrative and technical safeguards and other security measures consistent with current industry best practices to protect the security and confidentiality of Amazon Cards, associated serial numbers, your Blackhawk account credentials, any API access credentials, and any other information that you receive or use under the Agreement from threats or hazards to its security and integrity, accidental loss, alteration, or disclosure. Additionally, after you distribute any Amazon Cards to your Purchasers or Participants, you must securely delete and/or remove the associated Amazon claim codes from all of your electronic and physical systems. You will inform us immediately if you discover or suspect a Security Incident involving Amazon Cards.
d) You will not (and will require that your Purchasers, if any, not) sell, lease, or rent the information that an individual is a Participant or a Participant is an intended user of the Amazon Site(s) for any purpose, or use such information for purposes of sales, promotion, or advertisement of any kind to any Participant. Nothing in this Section will prevent you or any Purchaser from conducting marketing activities based solely on information independently acquired or developed by you or any Purchaser through activities unconnected to the Agreement.
e) You (and your Purchasers, if any) will not (a) charge any fees to a Participant in connection with the use or distribution of Amazon Cards, (b) resell any Amazon Card to a Participant for more than its redemption value, or (c) misrepresent the Redemption Value of any Amazon Card.
f) You will not use ACI Marks except in accordance with Amazon’s Brand Use Requirements (found at https://www.amazon.com/corpgcbrand or any location designated by Amazon in the future) and as is expressly permitted by Blackhawk which is directed by Amazon;
g) You will not (and will require than any Purchaser does not) claim any Amazon Cards to your (or any Purchaser's) own account to procure goods or services from the Amazon Sites.
h) If you (or any Purchaser) is a participant in the Amazon Sites Associates Program, then you (or such Purchaser) may not purchase, redeem, suggest, or direct any Purchasers or Participants to use or redeem Gift Cards or Claim Codes through that program.
i) You will submit any advertisement or promotional material or other related content created by You in connection with Your advertising or distribution of Amazon Cards (“Placements”) to Blackhawk for review, and must obtain Blackhawk’s prior written consent prior to using any such Placement. You will not use the Amazon brand to disparage Amazon, its products or services, or its partners in any manner which it believes, in its sole discretion, may diminish or otherwise damage or tarnish Amazon’s goodwill.
j) You permit the disclosure by Blackhawk of Your information as necessary for Blackhawk to fulfill its reporting obligations under its agreement with Amazon. “Your information” means Your name, a description of Your use of Amazon Cards, the sales price of Amazon Cards offered by You, sales figures relating to the sale of such Amazon Cards from You (including breakdown by geography and location), a description of advertisements or other promotional materials created in connection with Your advertising or distribution of Amazon Cards, the identifiers of Amazon Cards sold by You, and such other information as Amazon may reasonably request. In the event Amazon requests information related Your Purchaser that Blackhawk does not already have, including its name, use of the Amazon Cards, sale price of the Amazon Cards, sales figures relating to the sale of such Amazon Cards (including breakdown by geography and location), a description of advertisements or other promotional materials created in connection with the advertising or distribution of Amazon Cards, the identifiers of Amazon Cards sold by You, and such other information as Amazon may reasonably request, you shall provide such information within seven Business Days, and you agree that Blackhawk may disclose that information to Amazon as required by Amazon.
k) You disclaim, to the extent permitted by Applicable Law, all warranties and any liability by Amazon or its Affiliates for any damages, whether direct, indirect, incidental or consequential, arising from the sale, resale and distribution of any Amazon Cards. Notwithstanding, this section (k) does not apply to any claim that Client may have directly against Amazon and does not apply to any warranty or liability that Amazon has agreed to under a separate agreement or arrangement with You. Further, in the event Amazon ceases to carry forth its responsibilities as issuer of the Amazon Cards sold by You, then Blackhawk and You will collaborate to seek available remedies, including using remedies available in Blackhawk’s agreement with Amazon. For the avoidance of doubt, You acknowledge that Blackhawk is not required to or liable for refunds associated with Amazon Cards, except as required by or liable for under the Agreement; and
l) You will defend and indemnify Amazon and its Affiliates (and each of their respective employees, directors and representatives) from and against any and all Losses arising out of any Claim against ACI, its Affiliates, or any of their respective employees, directors and representatives to the extent such Claim is based on (i) any failure by You to provide or disclose the full terms, conditions and restrictions applicable to Amazon Cards as provided to You by Blackhawk, (ii) Your marketing, promotion and distribution of Amazon Cards (except to the extent attributable to the ACI Marks), (iii) any violations of Applicable Law by You or Your employees or agents, and (iv) any violation of Your obligations or terms in the foregoing Sections (a) – (k) of this Agreement Acknowledgement.
m) You agree that ACI and its Affiliates are third party beneficiaries to this Agreement Acknowledgement.
Attachment 1
Data Processing Description and
Initial Record of Processing
This Attachment is part of the DPA and includes certain details of the Processing of Personal Data. Capitalised terms are defined in the DPA. References in the DPA to ‘Agreement’ and ‘Customer’ refer to this Contract and Client respectively.
Purpose and duration of the Processing of Personal Data
The subject matter and duration of the Processing of Personal Data are set out in the DPA and the Contract, and the obligations and rights of BHN and its Affiliates are set forth in the DPA, however for purposes of reporting, the following descriptions may be used:
| Description of Services Provided |
BHN will process the below-identified Data Subject information in order to provide the Services. |
Data Subjects
The Data Subjects whose Personal Data is required to be processed as an essential part of delivering the Products and associated Services described above are:
| X |
Consumer customers (customers of Customer; Customer is Controller) |
|
X |
Employees of Customer (Customer is Controller) |
Personal Data
| X |
Consumer Name (consumer customer of the Customer) |
|
X |
Employee Name (employee of the Customer and Customer name) |
| X |
Consumer Mailing Address |
|
X |
Employee Mailing Address |
| X |
Consumer Email Address |
|
X |
Employee Work Email Address |
| X |
Consumer Phone Number |
|
X |
Employee Personal Email Address |
| X |
Masked Card Data (last 4 digits etc.) |
|
X |
|
Attachment 2
Sub-Processors
As of the Effective Date, detail of the sub-processors that support the performance of the Services pursuant to the DPA can be provided upon request by emailing DL-BHNProcessorsInfo@bhnetwork.com