Common use of Ownership of Accounts and Information Clause in Contracts

Ownership of Accounts and Information. (a) The parties recognize that Cardholders are Customers, and that each of Bank and Company has certain ownership rights in information relating to such individuals in their respective roles as Cardholders and Customers. The parties acknowledge that the same or similar information may be contained in the Bank Cardholder Information (defined below) and the Company Customer Information (defined below); such common information being referred to herein as “Common Information”. Each such pool of data shall therefore be considered separate information subject to the specific provisions applicable to that data hereunder. For example, in subsection (b) below Bank is authorized to use Company Customer Information only for certain limited purposes. Presume such information included names of both Customers who were Cardholders and non-Cardholder Customers. The names of those who were both Customers and Cardholders would be Common Information. So, Bank would not be limited by the terms of subsection (b) as to such names. However, the names of non-Cardholder Customers would not be Common Information, and thus would be subject to the limitations set forth in subsection (b). Likewise, though subsection (c) below limits what Company can do with Bank Cardholder Information, such limitations do not apply to that portion of Bank Cardholder Information that is comprised of Common Information. (b) The Customer’s names, phone numbers, mailing addresses and e-mail addresses, if applicable, and other Customer information collected by Company independent of Bank and set forth in Company’s records, including Company’s Transaction Record information, shall be the exclusive property of Company; such information and Company’s Common Information shall be referred to collectively as “Company Customer Information”. Company Customer Information might or might not be comprised exclusively of Company’s Consumer Personal Information. As reasonably requested by Bank, Company shall provide the names, mailing addresses and e-mail addresses of Customers for whom Company has such information to Bank, to be used by Bank only for purposes of (i) evaluating such Customer’s creditworthiness, (ii) soliciting such Customers for Credit Cards, and (iii) administering the Plan in accordance with the terms of this Agreement and Applicable Law. To the extent permitted by Applicable Law, Company’s privacy and security policies shall authorize Company to disclose such information to Bank. Additionally, all Transaction Record information originated by Company shall be sent to Bank for daily processing. Bank shall protect the confidentiality of such information as set forth in Section 10.17 and shall not use or disclose such Company Customer Information without prior written consent from Company except as otherwise provided for in this Agreement. (i) The Accounts and all information related thereto set forth in Bank’s records, including without limitation the information listed in Schedule 2.8, the information obtained through applications, the receivables, names, addresses, and credit Account information of Cardholders shall be the exclusive property of Bank during the Term, and thereafter (unless the Accounts are purchased by Company or its designee pursuant to Section 9.5). Such information and Bank’s Common Information shall be referred to collectively as “Bank Cardholder Information”. Bank Cardholder Information might or might not be comprised exclusively of Bank’s Consumer Personal Information. Bank agrees that during the Term and in the event Company purchases the Portfolio pursuant to Schedule 9.5, Bank shall not (i) sell or disclose to third parties the Cardholder List, nor (ii) use such Cardholder List for the purpose of marketing or soliciting to the Cardholders, except as expressly permitted by the terms of this Agreement and/or in connection with Bank’s administration and servicing of the Plan. (ii) To the extent permitted by Applicable Law and Bank’s privacy and security policies, Bank shall provide to Company (A) one (1) monthly master file extract, initially containing the information set forth on Schedule 2.8 with such changes as the parties may mutually agree from time to time, and (B) any other Bank Cardholder Information as agreed to by Company and Bank. Company may use such information in connection with maintaining and servicing the Accounts; furthermore, Company may use it to market to the Cardholders its Goods and/or Services, its business in general or any CHRS Business engaged in Cross Shopping, but in any event only as permitted by Applicable Law. Company may share the same with CHRS to the extent permitted by Applicable Law. The parties recognize that Company’s efforts related to such approved purposes might necessitate disclosure of Bank Cardholder Information to Company’s vendors and contractors. Such disclosure shall be permitted, provided the third-parties agree in writing to use the information only for the aforementioned approved purposes and to protect the confidentiality of such information as set forth in Section 10.17. Except as so provided, unless Bank consents otherwise in advance and in writing, Company shall keep such Bank Cardholder Information which is not Common Information confidential as set forth in Section 10.17, and shall not disclose such information to any third-party nor sell, lease, or otherwise transfer such information to any third-party.

Ownership of Accounts and Information. (a) The parties Zale and Bank recognize that Cardholders are Customers, and that each of Bank and Company party has certain ownership rights in information relating to such individuals in their respective roles as Cardholders and Customers. The parties acknowledge that the same or similar information may be contained in the Bank Cardholder Information (defined below) and the Company Zale Customer Information (defined below); such common information being referred to herein as “Common Information”. Each such pool of data shall therefore be considered separate information subject to the specific provisions applicable to that data hereunder. For example, in subsection (b) below Bank is authorized to use Company Customer Information only for certain limited purposes. Presume such information included names of both Customers who were Cardholders and non-Cardholder Customers. The names of those who were both Customers and Cardholders would be Common Information. So, Bank would not be limited by the terms of subsection (b) as to such names. However, the names of non-Cardholder Customers would not be Common Information, and thus would be subject to the limitations set forth in subsection (b). Likewise, though subsection (c) below limits what Company can do with Bank Cardholder Information, such limitations do not apply to that portion of Bank Cardholder Information that is comprised of Common Information. (b) The Customer’s names, phone numbers, mailing addresses names and e-mail addresses, if applicable, transaction information and other Customer information collected by Company Zale independent of Bank and set forth in CompanyZale’s records, including Company’s Transaction Record information, records shall be the exclusive property of CompanyZale; such information and CompanyZale’s Common Information shall be referred to collectively as “Company Zale Customer Information”. Company Subject to Zale’s consent, which shall not be unreasonably withheld, Bank shall have the right to request and utilize Zale Customer Information might or might for marketing and promotional purposes. Without limiting the foregoing, it shall not be comprised exclusively of Company’s Consumer Personal Information. As reasonably requested unreasonable for Zale to withhold its consent where the marketing or promotional purpose relates to a business or product competitive with Zale or otherwise prohibited by Bank, Company shall provide the names, mailing addresses and e-mail addresses of Customers for whom Company has such information to Bank, to be used by Bank only for purposes of Applicable Law. (c) (i) evaluating such Customer’s creditworthiness, (ii) soliciting such Customers for Credit CardsBank shall own the Program, and (iii) administering all Accounts under the Plan Program, from the time of establishment, and except as otherwise provided herein, Zale shall not have any right to any indebtedness on an Account or to any Account payment from a Cardholder arising out of or in accordance connection with any Purchases under the terms of this Agreement and Applicable Law. To the extent permitted by Applicable Law, Company’s privacy and security policies shall authorize Company to disclose such information to BankProgram. Additionally, all Transaction Record information originated by Company shall be sent to Bank for daily processing. Bank shall protect the confidentiality of such information as set forth in Section 10.17 and shall not use or disclose such Company Customer Information without prior written consent from Company except as otherwise provided for in this Agreement. (i) The Accounts and all information related thereto to the Program and the Accounts set forth in Bank’s records, including without limitation the information listed in Schedule 2.8Schedules 2.7(c)(ii) and 2.7(c)(iii), the information obtained through applications, the receivables, names, addresses, credit, and credit Account transaction information of Cardholders shall be the exclusive property of Bank during the Term, and thereafter (unless the Accounts are purchased by Company or its designee pursuant to Section 9.5)Bank. Such information and Bank’s Common Information shall be referred to collectively as “Bank Cardholder Information”. Bank Cardholder Information might or might not be comprised exclusively of Bank’s Consumer Personal Information. Bank agrees that during the Term and in the event Company purchases the Portfolio pursuant to Schedule 9.5, Bank shall not (i) sell or disclose to third parties the Cardholder List, nor (ii) use such Cardholder List for the purpose of marketing or soliciting to the Cardholders, except as expressly permitted by the terms of this Agreement and/or in connection with Bank’s administration and servicing of the Plan. (ii) To the extent permitted by Applicable Law and Bank’s privacy and security policies, Bank shall provide to Company (A) one (1) monthly master file extract, initially containing the information set forth on Schedule 2.8 with such changes as the parties may mutually agree from time to time, and (B) any other Bank Cardholder Information as agreed to by Company and Bank. Company may use such information in connection with maintaining and servicing the Accounts; furthermore, Company may use it to market to the Cardholders its Goods and/or Services, its business in general or any CHRS Business engaged in Cross Shopping, but in any event only as permitted by Applicable Law. Company may share the same with CHRS to the extent permitted by Applicable Law. The parties recognize that Company’s efforts related to such approved purposes might necessitate disclosure of Bank Cardholder Information to Company’s vendors and contractors. Such disclosure shall be permitted, provided the third-parties agree in writing to use the information only for the aforementioned approved purposes and to protect the confidentiality of such information as set forth in Section 10.17. Except as so provided, unless Bank consents otherwise in advance and in writing, Company shall keep such Bank Cardholder Information which is not Common Information confidential as set forth in Section 10.17, and shall not disclose such information to any third-party nor sell, lease, or otherwise transfer such information to any third-party.

Ownership of Accounts and Information. (a) The parties recognize that Cardholders are Customers, and that each of Bank and Company AMO has certain ownership rights in information relating to such individuals in their respective roles as Cardholders and Customers. The parties acknowledge that the same or similar information may be contained in the Bank Cardholder Information (defined below) and the Company AMO Customer Information (defined below); such common information being referred to herein as “Common Information”. Each such pool of data shall therefore be considered separate information subject to the specific provisions applicable to that data hereunder. For example, in subsection (b) below Bank is authorized to use Company AMO Customer Information only for certain limited purposes. Presume For illustrative purposes only, presume such information included names of both Customers who were Cardholders and non-Cardholder Customers. The names of those who were both Customers and Cardholders would be Common Information. So, Bank would not be limited by the terms of subsection (b) as to such names. However, the names of non-Cardholder Customers would not be Common Information, and thus would be subject to the limitations set forth in subsection (b). Likewise, though subsection (c) below limits what Company AMO can do with Bank Cardholder Information, such limitations do not apply to that portion of Bank Cardholder Information that is comprised of Common Information. (b) The Customer’s names, phone numbers, mailing names and addresses and e-mail addresses, if applicable, and other Customer information collected by Company AMO independent of Bank and set forth in CompanyAMO’s records, including Company’s Transaction Record information, records shall be the exclusive property of CompanyAMO; such information and CompanyAMO’s Common Information shall be referred to collectively as “Company AMO Customer Information”. Company AMO Customer Information might or might not be comprised exclusively of CompanyAMO’s Consumer Personal Information. As reasonably requested by Bank, Company AMO shall provide the names, mailing addresses names and e-mail addresses of Customers for whom Company has such information to Bank, to be used by Bank only for purposes of (i) evaluating such Customer’s creditworthiness, (ii) soliciting such Customers for Credit Cards, and (iii) administering the Plan in accordance with the terms of this Agreement and Applicable Law. To the extent permitted by Applicable Law, Company’s privacy and security policies shall authorize Company to disclose such information to Bank. Additionally, all Transaction Record information originated by Company shall be sent to Bank for daily processing. Bank shall protect the confidentiality of such information as set forth in Section 10.17 and shall not use or disclose such Company Customer Information without prior written consent from Company except as otherwise provided for in this Agreement10.17. (i) The Accounts and all information related thereto set forth in Bank’s records, including without limitation the information listed in Schedule 2.8, the information obtained through applications, the receivables, names, addresses, credit, and credit Account transaction information of Cardholders shall be the exclusive property of Bank during the Term, and thereafter (unless the Accounts are purchased by Company AMO or its designee pursuant to Section 9.5). Such information and Bank’s Common Information shall be referred to collectively as “Bank Cardholder Information”. Bank Cardholder Information might or might not be comprised exclusively of Bank’s Consumer Personal Information. Bank agrees that during the Term and in the event Company purchases the Portfolio pursuant to Schedule 9.5, Bank shall not (i) sell or disclose to third parties the Cardholder List, nor (ii) use such Cardholder List for the purpose of marketing or soliciting to the Cardholders, except as expressly permitted by the terms of this Agreement and/or in connection with Bank’s administration and servicing of the Plan. (ii) To Bank shall provide to AMO monthly one (1) master file extract, initially containing the information set forth on Schedule 2.8 to the extent such information is available to and may be shared by Bank, and subject to change by Bank at any time. Bank shall also provide to AMO any other Bank Cardholder Information agreed to by AMO and Bank, to the extent permitted by Applicable Law and Bank’s privacy and security policies, Bank shall provide to Company (A) one (1) monthly master file extract, initially containing the information set forth on Schedule 2.8 with such changes as the parties may mutually agree from time to time, and (B) any other Bank Cardholder Information as agreed to by Company and Bank. Company AMO may use such information in connection with maintaining and servicing the Accounts; furthermore, Company AMO may use it to market to the Cardholders its Goods and/or Services, Services or its business in general or any CHRS Business engaged in Cross Shoppingto the Cardholders, but in any event only as permitted by Applicable Law. Company may share the same with CHRS to the extent permitted by Applicable Law. The parties recognize that CompanyAMO’s efforts related to such approved purposes might necessitate disclosure of Bank Cardholder Information to CompanyAMO’s vendors and contractors. Such disclosure shall be permitted, provided the third-parties agree in writing to use the information only for the aforementioned approved purposes and to protect the confidentiality of such information as set forth in Section 10.17. Except as so provided, unless Bank consents otherwise in advance and in writing, Company AMO shall keep such Bank Cardholder Information which is not Common Information confidential as set forth in Section 10.17, and shall not disclose such information to any third-third party nor sell, lease, or otherwise transfer such information to any third-third party. (iii) Notwithstanding any provision herein to the contrary, except as may be necessary to effectuate a conversion or sale of the Accounts under Section 9.5 as set forth below, at no time shall Bank have any right to use any information relating to the Plan, the Accounts, the Customers or the Cardholders (other than any such information which satisfies any of clauses (i) through (iv) of Section 10.17(a)) for any marketing purposes whatsoever other than with respect to the Plan unless it shall have previously obtained AMO’s consent in writing. For the avoidance of doubt, nothing in this clause (iii) shall limit the ability of Bank to use such information as may be required by Applicable Law. In connection with a conversion or sale of the Accounts under Section 9.5, Bank or the purchaser of the Accounts shall be entitled to market to the Cardholders any of the programs permitted in connection with a wind up of the Plan under Section 9.5(b)(iii); provided, however, that in so marketing the card, Bank and such purchaser shall not be entitled to use any sales history or other transaction history or other information obtained or related to the usage of the Credit Card which occurred during the operation of the Plan or the Crosstown Traders Program. For clarification, once the Cardholders’ Accounts are converted to non-AMO Accounts in accordance with Section 9.5, then such Cardholders shall have an independent relationship with Bank and Bank’s use of information obtained after the conversion date not in violation of this Agreement, and so long as the same does not constitute Confidential Information of AMO hereunder, shall not be subject to the restrictions herein.

Ownership of Accounts and Information. (a) The parties recognize that Cardholders are Customers, and that each of Bank and Company Pier 1 has certain ownership rights in information relating to such individuals in their respective roles as Cardholders and Customers. The parties acknowledge that the same or similar information may be contained in the Bank Cardholder Information (defined below) and the Company Pier 1 Customer Information (defined below); such common information being referred to herein as “Common Information”. Each such pool of data shall therefore be considered separate information subject to the specific provisions applicable to that data hereunder. For example, in subsection (b) below Bank is authorized to use Company Pier 1 Customer Information only for certain limited purposes. Presume such information included names of both Customers who were Cardholders and non-Cardholder Customers. The names of those who were both Customers and Cardholders would be Common Information. So, Bank would not be limited by the terms of subsection (b) as to such names. However, the names of non-Cardholder Customers would not be Common Information, and thus would be subject to the limitations set forth in subsection (b). Likewise, though subsection (c) below limits what Company Pier 1 can do with Bank Cardholder Information, such limitations do not apply to that portion of Bank Cardholder Information that is comprised of Common Information. (b) The Customer’s names, phone numbers, mailing names and addresses and e-mail addresses, if applicable, and other Customer information collected by Company Pier 1 independent of Bank and set forth in CompanyPier 1’s records, including Company’s Transaction Record information, records shall be the exclusive property of CompanyPier 1; such information and CompanyPier 1’s Common Information shall be referred to collectively as “Company Pier 1 Customer Information”. Company Pier 1 Customer Information might or might not be comprised exclusively of CompanyPier 1’s Consumer Personal Information. As reasonably requested by Bank, Company but subject to Applicable Law and Pier 1’s privacy policy, Pier 1 shall provide the names, mailing addresses names and e-mail addresses of Customers for whom Company has such information to Bank, to be used by Bank only for purposes of (i) evaluating such Customer’s creditworthiness, (ii) soliciting such Customers for Credit Cards, and (iii) administering the Plan in accordance with the terms of this Agreement and Applicable Law. To the extent permitted by Applicable Law, Company’s privacy and security policies shall authorize Company to disclose such information to Bank. Additionally, all Transaction Record information originated by Company shall be sent to Bank for daily processing. Bank shall protect the confidentiality of such information as set forth in Section 10.17 and shall not use or disclose such Company Customer Information without prior written consent from Company except as otherwise provided for in this Agreement10.17. (i) The Accounts and all information related thereto set forth in Bank’s records, including without limitation the information listed in Schedule 2.8, the information obtained through applications, the receivables, names, addresses, credit, and credit Account transaction information of Cardholders shall be the exclusive property of Bank during the Term, and thereafter (unless the Accounts are purchased by Company Pier 1 or its designee pursuant to Section 9.5). Such information and Bank’s Common Information shall be referred to collectively as “Bank Cardholder Information”. Bank Cardholder Information might or might not be comprised exclusively of Bank’s Consumer Personal Information. Bank agrees that during the Term and in the event Company purchases the Portfolio pursuant to Schedule 9.5, Bank shall not (i) sell or disclose to third parties the Cardholder List, nor (ii) use such Cardholder List for the purpose of marketing or soliciting to the Cardholders, except as expressly permitted by the terms of this Agreement and/or in connection with Bank’s administration and servicing of the Plan. (ii) To Bank shall provide to Pier 1 monthly one (1) master file extract, initially containing the information set forth on Schedule 2.8 to the extent such information is available to and may be shared by Bank, and subject to change by Bank at any time. Bank shall also provide to Pier 1 any other Bank Cardholder Information requested by Pier 1, to the extent permitted by Applicable Law and Bank’s privacy and security policies, Bank shall provide to Company (A) one (1) monthly master file extract, initially containing the information set forth on Schedule 2.8 with such changes as the parties may mutually agree from time to time, and (B) any other Bank Cardholder Information as agreed to by Company and Bank. Company Pier 1 may use such information in connection with maintaining and servicing the Accounts; furthermore, Company Pier 1 may use it to market to the Cardholders its Goods and/or Services, Services or its business in general or any CHRS Business engaged in Cross Shoppingto the Cardholders, but in any event only as permitted by Applicable Law. Company may share the same with CHRS to the extent permitted by Applicable Law. The parties recognize that CompanyPier 1’s efforts related to such approved purposes might necessitate disclosure of Bank Cardholder Information to CompanyPier 1’s vendors and contractors. Such disclosure shall be permitted, provided the third-parties agree in writing to use the information only for the aforementioned approved purposes and to protect the confidentiality of such information as set forth in Section 10.17. Except as so provided, unless Bank consents otherwise in advance and in writing, Company Pier 1 shall keep such Bank Cardholder Information which is not Common Information confidential as set forth in Section 10.17, and shall not disclose such information to any third-party nor sell, lease, or otherwise transfer such information to any third-party.

Ownership of Accounts and Information. DM 121931.18 Stage Stores/WFNB CONFIDENTIAL Amended and Restated PLCCPA (a) Bank shall own all the Accounts under the Plan from the time of establishment, and except as otherwise provided herein, Stage shall not have any right to any indebtedness on an Account or to any Account payment from a Cardholder arising out of or in connection with any Purchases under the Plan. Effective upon the delivery of each Transaction Record by Stage to Bank and each corresponding payment to Stage by Bank pursuant to Section 5.1, Stage shall be deemed to have transferred, conveyed, assigned and surrendered to Bank all right, title or interest in all Transactions Records corresponding to such Purchase. By way of clarification, Bank's above referenced ownership shall be without recourse to Stage, except to the extent otherwise expressly provided for in Section 5.4 and Schedule 3.6. (b) The parties recognize that Cardholders are Customers, also Customers and that each of Bank and Company has certain ownership rights in information relating to such individuals in their respective roles as Cardholders and Customers. The parties acknowledge that the same or similar information may be contained in the Bank Cardholder Information (defined below) and the Company Stage Customer Information (defined below); such common information being referred to herein as “Common Information”. Each such pool of data (Bank Cardholder Information and Stage Customer Information) shall therefore be considered separate information subject to the specific provisions applicable to that data hereunder. For example, in subsection (b) below Bank is authorized to use Company Stage Customer Information only for certain limited purposes. Presume such information included includes names of both Customers who were are Cardholders and Customers who are non-Cardholder Customers. The , but the names of those Customers who were both Customers and are also Cardholders would be Common is also Bank Cardholder Information. SoTherefore, the limitations in subsection (c) below on Bank use of Stage Customer Information would not be limited by apply to Bank use of the terms names of subsection (b) as to such namesCardholders included in Bank Cardholder Information. However, the names of non-Cardholder Customers would not be Common Information, Bank Cardholder Information and thus would be subject to the limitations set forth in subsection (bc). Likewise, though subsection (cd) below limits what Company Stage can do with Bank Cardholder Information, such limitations do not apply to that portion of Bank Cardholder Information that is comprised of Common also Stage Customer Information. (bc) The Customer’s names, phone numbers, mailing 's names and addresses and e-mail addresses, if applicable, and other Customer information collected by Company independent or on behalf of Bank Stage, including all transaction information related to Purchases but excluding information collected solely for Bank, and set forth in Company’s records, including Company’s Transaction Record information, Stage's records shall be the exclusive property of Company; such information and Company’s Common Information shall be referred to collectively as “Company Stage ("Stage Customer Information”"). Company Stage Customer Information might or might not be comprised exclusively of Company’s Stage's Consumer Personal Information. As reasonably requested by Bank, Company but subject to Applicable Law and Stage's privacy policy, Stage shall provide to Bank the names, mailing addresses names and e-mail addresses of Customers for whom Company has such information to of Sales Channels supported by Bank, to be used by Bank only for purposes of (i) evaluating such Customer’s creditworthinessused, (ii) soliciting such Customers for Credit Cards, and (iii) administering the Plan in accordance with the terms of this Agreement and Applicable Law. To to the extent permitted by Applicable Law, Company’s privacy only for purposes of On-Line and security policies shall authorize Company to disclose such information to BankBatch Prescreen as contemplated in this Agreement or administration of the Plan. Additionally, all Transaction Record information originated by Company shall be sent to Bank for daily processing. Stage Customer Information is included as part of Stage's Confidential Information and Bank shall protect the confidentiality of such information as set forth in Section 10.17 and shall not use or disclose such Company Customer Information without prior written consent from Company except as otherwise provided for in this Agreement13.17. (i) The Accounts and all information related thereto and set forth in Bank’s 's records, including without limitation the information listed in Schedule 2.83.13, the information obtained through Credit Card applications, the receivables, names, addresses, credit, and credit Account transaction information of Cardholders ("Bank Cardholder Information") shall be the exclusive property of Bank during the Term, and thereafter (unless the Accounts Stage Portfolio Assets are purchased by Company Stage or its designee pursuant to DM 121931.18 Stage Stores/WFNB CONFIDENTIAL Amended and Restated PLCCPA Section 9.512.4 or Section 3.18). Such information and Bank’s Common Information shall be referred to collectively as “Bank Cardholder Information”. Bank Cardholder Information might or might not be comprised exclusively of Bank’s 's Consumer Personal Information. For clarity, "transaction information" includes only transaction data transmitted by Stage to Bank agrees that during the Term and in the event Company purchases the Portfolio pursuant to Schedule 9.5, Bank shall does not (i) sell or disclose to third parties the Cardholder List, nor (ii) use such Cardholder List for the purpose include itemization of marketing or soliciting to the Cardholders, except as expressly permitted by the terms of this Agreement Goods and/or in connection Services purchased with Bank’s administration and servicing of the Plana Credit Card. (ii) To Bank shall provide to Stage the master file extract and Account changes updates as set forth on Schedule 3.13 to the extent such information may be shared by Bank pursuant to Applicable Law. Bank also shall provide to Stage any other Bank Cardholder Information requested by Stage, to the extent permitted by Applicable Law and Bank’s 's privacy and security policies, Bank provided that such policies shall provide to Company (A) one (1) monthly master file extract, initially containing at all times permit the information set forth on Schedule 2.8 with such changes as the parties may mutually agree from time to time, and (B) any other sharing of Bank Cardholder Information with Stage to the maximum extent otherwise permitted by Applicable Law, including through implementation of Cardholder opt-in or opt out procedures. Bank will maintain a Cardholder database ("Database") comprised of information necessary to support private label credit marketing programs and analysis related thereto, such as purchase tracking and credit program promotional response, segmentation, selection and list generation for Cardholder statement messaging, incentives, insertions and credit-related direct mail, new Cardholder messaging via welcome kits, card reissue programs, and zero balance statements. Bank will provid to Stage various Database elements as mutually agreed and one general refresh per month of added, changed or deleted Database elements made available to Bank after the prior monthly refresh. Bank shall also provide Stage's retail stores with the ability to look up, through the POS or other equipment, an Account number by Company Cardholder telephone number, as permitted by and in accordance with Bank. Company 's security policies and Applicable Law. (iii) Stage may use such and disclose Bank Cardholder Information and Database information in connection with maintaining and servicing the Accounts; furthermore, Company may use it to market to the Cardholders marketing its Goods and/or Services, Services or its business in general or any CHRS Business engaged in Cross Shopping, to the Cardholders but in any event only as permitted by Applicable Law. Company may share the same with CHRS to the extent otherwise permitted by Applicable Law. The parties recognize that Company’s Stage's efforts related to such approved purposes might necessitate disclosure of Bank Cardholder Information and Database information to Company’s Stage's vendors and contractors. Such disclosure shall be permitted, provided the third-parties agree in writing to use the information only for the aforementioned approved purposes and to protect the confidentiality of such information as set forth in Section 10.1713.17. Except as so provided, unless Bank consents otherwise in advance and in writing, Company shall keep such Bank Cardholder Information which is not Common included as part of Bank's Confidential Information confidential and Stage shall protect the confidentiality of such information as set forth in Section 10.17, and 13.17. (iv) Bank shall not disclose such information use, or permit to be used, Bank Cardholder Information, except as provided in this Section 3.13(d)(iv). Bank may use Bank Cardholder Data solely (A) for purposes of soliciting Customers for Credit Cards, Protection Programs and Bank Enhancement Marketing Services as permitted by the terms of this Agreement; (B) as otherwise necessary to carry out its obligations or exercise its rights hereunder; or (C) as required by Applicable Law. DM 121931.18 Stage Stores/WFNB CONFIDENTIAL Amended and Restated PLCCPA For clarity, Bank has no rights to use the Bank Cardholder Data for marketing purposes except as expressly provided in this Agreement. (v) Bank shall not disclose, or permit to be disclosed, Bank Cardholder Information to any third-party nor sellthird party, leaseexcept as provided in this Section 3.13(d)(v). Bank shall not, directly or indirectly, sell or otherwise transfer any right in or to the Bank Cardholder Information. Bank may disclose the Bank Cardholder Information in compliance with Applicable Law solely: (A) to its subcontractors in connection with a permitted use of such information Bank Cardholder Information under Section 3.13(d)(iv); provided, however, that (1) each such subcontractor agrees to be bound by a contractual commitment of data security and confidentiality with the same effect as this Agreement, and (2) Bank shall be responsible for the compliance of each such subcontractor with the terms of this Agreement, (B) to Bank's Affiliates and to Bank's and its Affiliates' employees, agents, attorneys and accountants, in each case with a need to know such Bank Cardholder Information in connection with a permitted use of such Bank Cardholder Information under Section 3.13(d)(iv); provided, however, that (1) any such person or entity is bound by data security and confidentiality obligations with the same effect as this Agreement as a condition of employment or of access to Bank Cardholder Information or by professional obligations imposing comparable terms; and (2) Bank shall be responsible for the compliance of each such Person with the terms of this Agreement, and (C) to any third-partygovernmental authority with authority over Bank (1) in connection with an examination of Bank; or (2) to the extent otherwise required by Applicable Law.

Ownership of Accounts and Information. (a) The parties recognize that Cardholders are Customers, and that each of Bank and Company Pier 1 has certain ownership rights in information relating to such individuals in their respective roles as Cardholders and Customers. The parties acknowledge that the same or similar information may be contained in the Bank Cardholder Information (defined below) and the Company Pier 1 Customer Information (defined below); such common information being referred to herein as “Common Information”. Each such pool of data shall therefore be considered separate information subject to the specific provisions applicable to that data hereunder. For example, in subsection (b) below Bank is authorized to use Company Pier 1 Customer Information only for certain limited purposes. Presume such information included names of both Customers who were Cardholders and non-Cardholder Customers. The names of those who were both Customers and Cardholders would be Common Information. So, Bank would not be limited by the terms of subsection (b) as to such names. However, the names of non-Cardholder Customers would not be Common Information, and thus would be subject to the limitations set forth in subsection (b). Likewise, though subsection (c) below limits what Company Pier 1 can do with Bank Cardholder Information, such limitations do not apply to that portion of Bank Cardholder Information that is comprised of Common Information. . 14 (b) The Customer’s names, phone numbers, mailing names and addresses and e-mail addresses, if applicable, and other Customer information collected by Company Pier 1 independent of Bank and set forth in CompanyPier 1’s records, including Company’s Transaction Record information, records shall be the exclusive property of CompanyPier 1; such information and CompanyPier 1’s Common Information shall be referred to collectively as “Company Pier 1 Customer Information”. Company Pier 1 Customer Information might or might not be comprised exclusively of CompanyPier 1’s Consumer Personal Information. As reasonably requested by Bank, Company but subject to Applicable Law and Pier 1’s privacy policy, Pier 1 shall provide the names, mailing addresses names and e-mail addresses of Customers for whom Company has such information to Bank, to be used by Bank only for purposes of (i) evaluating such Customer’s creditworthiness, (ii) soliciting such Customers for Credit Cards, and (iii) administering the Plan in accordance with the terms of this Agreement and Applicable Law. To the extent permitted by Applicable Law, Company’s privacy and security policies shall authorize Company to disclose such information to Bank. Additionally, all Transaction Record information originated by Company shall be sent to Bank for daily processing. Bank shall protect the confidentiality of such information as set forth in Section 10.17 and shall not use or disclose such Company Customer Information without prior written consent from Company except as otherwise provided for in this Agreement10.17. (i) The Accounts and all information related thereto set forth in Bank’s records, including without limitation the information listed in Schedule 2.8, the information obtained through applications, the receivables, names, addresses, and credit Account information of Cardholders shall be the exclusive property of Bank during the Term, and thereafter (unless the Accounts are purchased by Company or its designee pursuant to Section 9.5). Such information and Bank’s Common Information shall be referred to collectively as “Bank Cardholder Information”. Bank Cardholder Information might or might not be comprised exclusively of Bank’s Consumer Personal Information. Bank agrees that during the Term and in the event Company purchases the Portfolio pursuant to Schedule 9.5, Bank shall not (i) sell or disclose to third parties the Cardholder List, nor (ii) use such Cardholder List for the purpose of marketing or soliciting to the Cardholders, except as expressly permitted by the terms of this Agreement and/or in connection with Bank’s administration and servicing of the Plan. (ii) To the extent permitted by Applicable Law and Bank’s privacy and security policies, Bank shall provide to Company (A) one (1) monthly master file extract, initially containing the information set forth on Schedule 2.8 with such changes as the parties may mutually agree from time to time, and (B) any other Bank Cardholder Information as agreed to by Company and Bank. Company may use such information in connection with maintaining and servicing the Accounts; furthermore, Company may use it to market to the Cardholders its Goods and/or Services, its business in general or any CHRS Business engaged in Cross Shopping, but in any event only as permitted by Applicable Law. Company may share the same with CHRS to the extent permitted by Applicable Law. The parties recognize that Company’s efforts related to such approved purposes might necessitate disclosure of Bank Cardholder Information to Company’s vendors and contractors. Such disclosure shall be permitted, provided the third-parties agree in writing to use the information only for the aforementioned approved purposes and to protect the confidentiality of such information as set forth in Section 10.17. Except as so provided, unless Bank consents otherwise in advance and in writing, Company shall keep such Bank Cardholder Information which is not Common Information confidential as set forth in Section 10.17, and shall not disclose such information to any third-party nor sell, lease, or otherwise transfer such information to any third-party.