PRIVACY POLICY

Effective Date: February 22, 2022

We at Balfour & Co. (“we,” “us,” or “our”) have created this privacy policy (this “Privacy Policy”) because we know that you care about how information you provide to us is used and shared. This Privacy Policy applies to information collected when you visit any of our websites, which include, without limitation, http://www.balfour.com/, http://www.artcarved.com/, http://gradgowns.us/,http://www.delavoy.ca/, https://www.gaspard.ca/, https://www.buildagrad.ca/, https://buildagrad.com/, https://www.keepsakebowling.com/, http://www.balfoursports.com/, http://www.universityphoto.com/ , https://www.artneedle.com/, http://willsieco.com/, http://gradgowns.com/, http://mygraduationstore.com/ and http://www.gradimages.com/, (“Websites”), access our mobile app, which may be accessible through mobile devices and tablets (the “Mobile App”), access and use our services provided through the Websites and the Mobile App (“Services”), or purchase our products (“Products”). The Websites and the Mobile App are collectively referred to as the “Online and Digital Properties.

Balfour is committed to facilitating the accessibility and usability of our website for all customers with disabilities. We regularly test and audit our website to meet the Web Content Accessibility Guidelines (WCAG) version 2.1 Level AA developed by World Wide Web Consortium (W3C) standard. Should you have concerns or questions about the accessibility of our website please contact us at 1-800-225-3687 so we may offer assistance.

Acceptance of Terms

By visiting our Websites, accessing our Mobile App, accessing and using our Services, and/or purchasing our Products, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use. Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in the Terms of Use. We collect and/or receive the following categories of information:

Contact Information

When you contact us through the “Contact Us” page, or sign up to receive special offers & promotions, or sign up to become a Registered User, you will be asked to provide certain information which may include your name, e-mail address, phone number, and student’s name if you are registering on behalf of a student (collectively, the “Contact Information”).

If you sign in using your Facebook or any other social media account, you are authorizing Balfour & Co. to collect, store, and use, in accordance with this Privacy Policy, any and all information that you agreed that Facebook, Inc., or such other social media company could provide to Balfour & Co. through its Application Programming Interface. Such information may include, without limitation, your first and last name, username, profile picture, unique social media identifier and access token, and e-mail address.

Billing Information

In order to submit orders through the Online and Digital Properties you will be required to provide certain information in addition to the Contact Information noted above. Such information may include PayPal, Payflow account information, debit card number, credit card number, billing address, and similar information (collectively, the “Billing Information”). For orders submitted through the Online and Digital Properties, the Billing Information is collected, stored and processed by our third-party payment vendors.

You may also submit orders by using our paper order forms. If you submit orders using our paper order forms, you will be required to fill in the Billing Information on our paper forms. Once we receive your paper order forms, our customer service representatives will enter your Billing Information through our Websites in order to allow our third-party payment vendors to collect, store and process such information. All paper order forms are also scanned by our third-party service providers into encrypted files which are stored on our servers. The encrypted files do not contain the Billing Information. We also store your original paper order forms in locked cabinets until your order is processed. Once your order is processed, your original paper order forms are destroyed.

Order Information

If you wish to purchase our Products, you will also be required to provide us with certain additional information such as your name, shipping address, and the Products you wish to order (“Order Information”). If you place an order as a guest (without creating an account as a Registered User), we will use your Order Information solely as necessary to process your order.

Geolocational Information

Certain features and functionalities of the Online and Digital Properties are based on your location. In order to provide these features and functionalities while you are using a mobile device, we may, with your consent, automatically collect geolocational information from your mobile device or wireless carrier and/or certain third-party service providers. Such information is collectively called the “Geolocational Information.” Collection of Geolocational Information occurs only when the Mobile App is running on your mobile device. You may decline to allow us to collect such Geolocational Information, in which case we will not be able to provide certain features of the Mobile App to you.

Other Information

In addition to the Contact Information, Order Information, and Geolocational Information, we may collect and/or receive additional information (collectively, the “Other Information”). Such Other Information may include:

From your Activity. In an ongoing effort to improve our Online and Digital Properties, we automatically collect certain information when visitors visit the Websites and Registered Users use the Online and Digital Properties, such as your IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Websites visitors visit, similar information concerning your use of the Online and Digital Properties, information about a mobile device, including universally unique ID (“UUID”), App type and version (e.g., iOS or Android), carrier and country location, hardware and processor information (storage, chip speed, camera resolution, NFC enabled, and network type (WiFi, 2G, 3G, 4G, 5G). If you use the “Shop Your School” feature on the Online and Digital Properties, we will collect the zip code that you use to use this feature, together with your IP address and school information.

From Cookies. We may use both session cookies, which expire once you close your web browser, and persistent cookies, which stay on your computer until you delete them and other technologies to help us collect data and to enhance your experience with the Online and Digital Properties. Cookies are small text files a website can use to recognize a repeat visitor to the website. We may use cookies for various purposes, including to authenticate users, personalize your experience, analyze which portions of the Online and Digital Properties are visited most frequently, and measure and optimize advertising and promotional effectiveness. If you do not want us to deploy cookies in your browser, you can opt out by setting your browser to reject cookies or to notify you when a website tries to put a cookie in your browser software. If you choose to disable cookies in your browser, you can still use the Online and Digital Properties, although your ability to use some of the features may be affected. The gradimages.com website uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.

Third-Party Analytics. We also use third-party analytics services to evaluate your use of the Online and Digital Properties, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Online and Digital Properties and Internet usage. These third parties use cookies and other technologies to help analyze and provide us the data. By accessing and using the Online and Digital Properties, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. For more information on these third parties, including how to opt out from certain data collection, please visit the sites below.

For Google Analytics, please visit https://www.google.com/analytics For Magento, please visit https://magento.com/legal/terms/privacy For Crazy Egg, please visit https://www.crazyegg.com/

The Information Collected/Received from Your School

We may receive certain information about you from your school. Such information may include your name, and the Products you would like to order (“School Provided Information”). The School Provided Information shall be provided by your school in accordance with all applicable laws, including but not limited to Family Education and Privacy Act (“FERPA”).

The Information Collected/Received from our Sales Representatives and Through Paper Order Forms

We may receive your Contact Information, Billing Information and Order Information if you place your order with our sales representatives and/or using our paper order forms.

The Information Collected by or Through Third-Party Companies

We may share Other Information about you with third parties, including but not limited to, advertising companies, and our brand partners, for ad distribution and ad optimization (defined as the tailoring, targeting (i.e., behavioral, contextual, and retargeting), analyzing, managing, reporting, and optimizing of ads). These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect Other Information for such purposes. Pixel tags enable us and these third-party advertising companies to recognize a browser’s cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site. In addition, we may receive Other Information from advertisers, brand partners, and/or their service providers such as advertising identifiers, IP addresses, and post-conversion data.

How to Opt Out of Third-Party Interest-Based Advertising

If you wish to opt out of third-party interest-based advertising, please visit http://www.networkadvertising.org and http://www.aboutads.info/choices for details on how to do so.

How the Information is Shared

You authorize us to use your Contact Information, Order Information, Geolocational Information, School Provided Information and Other Information (collectively, the “Information”) to provide and improve our Online and Digital Properties, Services and Products, to fulfill your requests and purchases; to send order notifications and marketing communications, to provide personalized and more convenient onsite shopping experience, to solicit your feedback, to inform you about our products and services and those of our promotional partners. We will use your phone number to send you updates about your order and marketing notifications via SMS. If you would like to opt-out of receiving such SMS, please contact us at help@balfour.com

You also authorize us to use and/or share Information as described below.

• We may employ other companies and individuals to perform functions on our behalf. Examples may include providing technical assistance, customer service, marketing assistance, billing, and administration of our promotional programs. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law.

• In an ongoing effort to better understand our users, the Online and Digital Properties, and our Products and Services, we may analyze your Information in anonymized and aggregate form in order to operate, maintain, manage, and improve the Online and Digital Properties and/or such Products and Services. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, business and promotional partners, and other third parties. We may also disclose aggregated user statistics in order to describe the Online and Digital Properties and our products and services to current and prospective business partners and investors and to other third parties for other lawful purposes.

• We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, affiliates or other companies under common control with us.

• As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.

• To the extent permitted by law, we may also disclose the Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (ii) whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of Balfour & Co. or others.

We may share your Contact Information and Order Information with your school to determine your eligibility to receive the Products you order.

We may share your Contact Information, Order Information and School Provided Information with our sales representatives. All of our sales representatives will only use the consumer’s information consistent with the purposes described in the policy.

We may also share your credit card information in an anonymized manner with our business partners to create profiles to help us better market to our users. We may share your Contact Information with your school counselors who will use the information to message you about your order.

The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Information we may Contribute to Cooperative Databases

We may contribute your Information to cooperative databases which give third parties subscribing for such databases access to your Information for the purposes of confirming viability of e-mails and fraud protection. If you do not wish to have your Information contributed to cooperative databases, please send an e-mail to privacy@balfour.com.

Accessing and Modifying Information and Communication Preferences

If you have provided us any Contact Information and/or Order Information, you may access, remove, review, and/or make changes to certain elements of the same by logging in to your account. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any Balfour & Co. marketing e-mail. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. You cannot opt out of receiving transactional e-mails related to the Online and Digital Properties.

How We Protect Your Information

We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such Information, nor can we guarantee that the Information you supply will not be intercepted while being transmitted over the Internet. If you send us an email, we cannot guarantee the security of any information contained therein because we do not have control over the security of incoming emails.

Important Notices to Non-U.S. Residents

The Online and Digital Properties and its servers are operated in the United States and elsewhere. Please be aware that your Information may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your country of origin. If you are located outside the United States and choose to use the Online and Digital Properties, you do so at your own risk. You are also consenting to the application of United States federal and Texas state law in all matters concerns the Online and Digital Properties and this Policy.

In certain circumstances, we may transfer the personal data of residents of the European Economic Area (EEA) through data controllers such as a school. For example, we may enter into a contract with a school in the EEA to produce yearbooks. In these circumstances, we enter into appropriate agreements with schools, including the use of Standard Contractual Clauses.

External Websites

The Online and Digital Properties may contain links to third-party websites. (“External Sites”) Balfour & Co. has no control over the privacy practices or the content of these External Sites. As such, we are not responsible for the content or the privacy policies of these External Sites. You should check the applicable third-party privacy policy and terms of use when visiting any such External Sites.

Children

The Online and Digital Properties are not intended for children. No one under age 13 may provide any personal information on the Sites. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the Sites. If we learn we have collected or received personal information from a child under 13, we will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form. If you believe we might have information from or about a child under 13, please contact us at privacy@balfour.com .

Furthermore, if you are under eighteen (18) years of age, then you (or your parent or legal guardian) may at any time request that we remove content or information about you that is posted on the Online and Digital Properties. Please submit any such request (“Request for Removal of Minor Information”) to privacy@balfour.com, with a subject line of “Removal of Minor Information”. For each Request for Removal of Minor Information, please state “Removal of Minor Information” in the e-mail or letter subject line, and clearly state the following in the body:

  1. the nature of your request;
  2. the identity of the content or information to be removed;
  3. whether such content or information if found on the Sites;
  4. the location on content or information on the Sites (e.g., providing the URL for the specific web page the content or information is found on);
  5. that the request is related to the “Removal of Minor Information”;
  6. your name, street address, city, state, zip code, and e-mail address; and
  7. whether you prefer to receive a response to your request by mail or e-mail

We are not responsible for failing to comply with any Request for Removal of Minor Information that is incomplete, incorrectly labeled, or incorrectly sent. Please note that the aforementioned removal does not ensure complete or comprehensive removal of such content or information posted on the Online and Digital Properties.

Also, please note that we are not required to erase or otherwise eliminate, or to enable erasure or elimination of, such content or information in certain circumstances, such as, for example, when an international, federal, state, or local law, rule, or regulation requires us to maintain the content or information; when the content or information is stored on or posted to the Online and Digital Properties by a third party other than you (including any content or information posted by you that was stored, republished, or reposted by the third party); when we anonymize the content or information, so that you cannot be individually identified; when you do not follow the aforementioned instructions for requesting the removal of the content or information; and when you have received compensation or other consideration for providing the content or information.

Legal Bases for Processing Your Personal Data

If you reside in the United Kingdom or in a country in the European Union, you are entitled to an explanation of the legal bases upon which we rely to process your personal data. The legal bases for collecting and using the personal data described above will depend on the context in which we collect the data and the personal data at issue. These legal bases include the following:

Consent

In situations where you provide your consent (e.g., when you request and/or authorize us to send you marketing information), we may process your personal data. You have the right to withdraw this consent at any time and that withdrawal will apply on a going-forward basis. Withdrawing consent does not impact the lawfulness of the processing based on your consent before its withdrawal.

To Perform a Contract

We may process your personal data to fulfill our contractual obligations to you or one of our customers.

To Comply with a Legal Obligation

We may process your personal data to comply with an applicable legal obligation. This may include providing information to law enforcement, governmental authorities or to comply with legal process.

Legitimate Interests of the Company

We may also process your personal data to further our legitimate interests. For example, when we process your personal data to carry out fraud prevention activity or to increase network security, identify usage trends, improve the Online and Digital Properties and or other legitimate interests.

Necessary for the Exercise or Defense of Legal Claims

If you bring a claim against us or we bring a claim against you, we may process your personal data in connection with that claim.

Your Rights Regarding Personal Information:

Access and Confirmation.

You have the right to ask us if we process Personal Information about you, and in some circumstances, to obtain a copy of your Personal Information.

Deletion and Blocking.

Under certain circumstances, you may have the right to have your Personal Information deleted or blocked without undue delay.

Direct Marketing.

You have the right to object to our processing of Personal Information for direct marketing purposes.

Consent.

To the extent we are processing Personal Information on the basis of your consent, you have the right to withdraw consent at any time.

Data Portability.

Under certain circumstances, to the extent we are processing your Personal Information on the basis of consent, or that it is necessary to perform a contract with you, and the processing is carried out by automated means, you have the right to receive the Personal Information in a structured, commonly used and machine-readable format. External Data Protection Officer (DPO) and Representative Belinda Mesa Privacy@balfour.com

Privacy Complaints by European Union and United Kingdom Residents

Persons located in the European Union and Switzerland who have inquiries or complaints regarding this privacy policy should contact us at Privacy@balfour.com or through one of the other means set forth below.

Exercising Your Privacy Rights

Exercise your privacy rights through the following link: Privacy@balfour.com

How Can You Manage Personal Information You Submit?

• Managing Communications With You. If you no longer wish to receive emails from us on a going-forward basis, you may opt-out of receiving such emails by following the "unsubscribe" directions on the e-mails.

• Updating or Correcting personal information. If you would like to review, correct, update or remove personal information about you that you previously provided to us, you may do so by sending us an e-mail at privacy@balfour.com , by calling us at 1-800-BALFOUR (800-225-3687) or by writing to us:

Balfour & Co.

Attn: Privacy Officer 1550 W Mockingbird Lane Dallas, Texas 75235

For your protection, we will only implement such requests with respect to the personal information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will endeavor to comply with your request as soon as reasonably practicable. Please note that we are not responsible for correcting, updating or deleting any information in the databases of third parties with whom we have already shared your personal information.

Your California Privacy Rights.

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://www.balfour.com/HelpCenter/Legal/CCPA%20Privacy%20Notice

Changes to This Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. Any such changes will be posted on the Online and Digital Properties. By accessing the Online and Digital Properties, accessing our Services, and/or ordering our Products after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis.

How to Contact Us

If you have questions about this Privacy Policy, please contact us in one of the following ways:

Email: privacy@balfour.com Phone: 1-800-BALFOUR (800-225-3687)

Or write to us at:

Balfour & Co.

1550 W Mockingbird Lane Dallas, Texas 75235