I. PROTECTION OF PERSONAL INFORMATION
The Garden City Group, Inc. (“GCG “) Policy Concerning Confidential Information and Comprehensive Written Information Security Policy is designed to prevent the unauthorized disclosure of non-public personally-identifiable information, including social security numbers and other non-public information that either may identify an individual or may be used together with other information to do so, in GCG’s possession (“PII”). GCG’s personnel are required to follow specific security procedures for storing, using, and disposing of PII provided to GCG. GCG may grant access to such PII only to individuals who reasonably need access to accomplish the purposes for which GCG collected the PII. GCG policy prohibits the unlawful disclosure of PII. GCG considers all such information to be Confidential Information that may be used only for the purposes for which it was provided to GCG, and may not be disclosed or disseminated unless there is a business need to do so.
II. POLICIES CONCERNING PII COLLECTED BY GCG
Pursuant to court-ordered procedures, GCG,in its designated capacity as a settlement, claims or notice administrator, often collects PII through the return to GCG of proof of claim forms that GCG disseminates. Such proof of claim forms may be disseminated via the United States Postal Service, via the internet or on GCG’s proprietary website, located at http://www.gcginc.com (the “Site”), or through other websites that GCG may design and maintain in connection with an administration project. GCG also may collect PII directly through the Site without the use of a proof of claim form.
The proof of claim forms that GCG disseminates, in whatever form they may take, may require persons or entities to furnish to GCG PII, such as birth dates, tax identification or social security numbers, and account information, only to the extent that such PII is deemed by the relevant court or client to be reasonably necessary for GCG to process, investigate or reasonably validate proofs of claim; for GCG to provide case administration services; or for GCG to comply with applicable laws, regulations or GCG policies and procedures. GCG’s clients and any courts that may be supervising the matter ultimately are responsible for determining whether it is reasonably necessary for GCG to collect certain types of claimant information in connection with GCG’s administration of any particular administration project.
GCG’s clients or courts that may be supervising any particular settlement administered by GCG may determine that, to participate in that settlement, a person must submit a completed proof of claim form. In such settlements, claimants must provide the information, including any PII and any other confidential information, required on the proof of claim form or they may not participate.
A. Collection, Use and Disclosure of PII
1. The PII GCG May Collect
To participate in a settlement administered by GCG, a person or entity may be required to provide PII in order to access the Site and the information available through it, to receive notice of a particular matter or to participate in a settlement. To do so, a person may need to provide to GCG his or her name, email address, mailing address, phone number and other personal information. He or she may be asked in areas of the Site or on a particular proof of claim form for additional information that relates to particular settlements or other projects for which a court has authorized GCG to provide services. Depending on the circumstances of the project, a person or entity may be asked to provide financial or other PII that GCG needs in order to evaluate, process and pay his, her or its proof of claim. In certain settlements, the failure to provide the PII will prevent the person or entity from participation.
2. Children’s Privacy
GCG does not knowingly collect information from children under the age of 13 through the Site. If a person is under the age of 13, he or she is advised not to use the Site or to provide information to GCG. If GCG becomes aware that it has received PII from a child under the age of 13, GCG will make commercially reasonable efforts to delete that information from its database.
3. How GCG May Use PII
GCG will retain and use PII to accomplish the purposes, such as communicating with the person or entity who provided it or processing his, her or its proof of claim, for which such PII was provided to GCG, and shall retain such PII only so long as is necessary to accomplish such purposes subject to, as applicable in each case, orders of the court, contractual provisions concerning retention and destruction of documents, and the direction of GCG’s clients. GCG also may use that PII to customize the services GCG provides, and to comply with applicable laws, regulations and GCG policies. All hard copy and electronically stored PII shall be destroyed in compliance with court orders, contractual provisions with clients or directions from clients, as applicable. Such destruction shall be conducted in a manner that prevents loss, theft, misuse, or unauthorized access to the information.
4. When GCG May Disclose PII
When required to do so, GCG will disclose PII to the Internal Revenue Service (the “IRS”) in connection with Internal Revenue Code income reporting requirements. Except for such IRS reporting and the limited situations discussed in this Privacy Notice, GCG will not share PII with any persons or entities unless they are under contract with GCG to provide services in connection with the administration project for which the PII was provided to GCG, or unless the court supervising the administration project has authorized them to receive such PII. Thus, GCG may share PII as needed to fulfill requests to process proofs of claim or otherwise provide noticing and/or administration services. For example, GCG may be required to provide information to the court in which a case is pending, to the litigants in that case and to their counsel.
GCG also reserves the right to disclose PII it acquired online if GCG believes, in good faith, that such disclosure is required by law or that such disclosure may be necessary to prevent misuse of the Site. For example, PII provided via the Site may be used by GCG to identify, contact and/or bring legal action against someone whose activities may threaten (either intentionally or unintentionally) to infringe upon the rights or property of GCG, of other visitors to the Site, or of anyone else.
GCG does not rent, sell or otherwise disclose for any other purpose any PII.
B. Compiled Information
1. Statistical Information
From time to time, GCG may gather general non-personal statistical information, including information about the use of the Site, such as how many visitors visit a specific page, how long they remain on that page, and the hyperlinks, if any, on which they “click.” Through the use of technological features such as “IP addresses” and “cookies” (both of which are discussed in greater detail below), GCG may collect that kind of information to determine which areas of the Site are visited most frequently, and to enhance the Site for visitors. GCG also may compile that data in order to describe to our clients, the courts or others, or to respond to a government and/or legal requests, the use of the Site. Any such compiled data will not personally identify any person, including any visitor to the Site.
2. IP Addresses
An “IP address” is a number that is automatically assigned to a computer whenever it is used to surf the web. Web servers, computers that “serve up” web pages, automatically identify a computer by its IP address. GCG records IP addresses for purposes of system administration, to report statistical information and to track the use of the Site. When a visitor requests pages from the Site, GCG’s servers log the visitor’s IP address. It is not GCG’s usual practice to link IP addresses to any PII. Although a visitor’s session is logged, the visitor typically remains anonymous to GCG. GCG reserves the right to identify a visitor through an IP address, however, if GCG believes doing so is necessary to enforce compliance with the Site’s policies or to protect GCG, visitors to the Site or others.
C. Links to Other Sites
Users of the Site are advised that they may be directed to other sites that are beyond GCG’s control. Links may take a person from the pages of the Site to unaffiliated sites. Those other sites may transmit their own “cookies” (pieces of information that a website transfers to an individual’s hard drive for record-keeping purposes) to visitors, collect data or solicit personal information. Visitors to the Site also are advised that the privacy policies of those other sites may differ significantly from the policies described in GCG’s Privacy Notice, and that GCG is not responsible for the privacy practices of those other sites and cannot guarantee the security of any personal information that may be collected there.
Protecting the security of PII is very important to GCG. When such PII is transmitted to GCG, it is protected by a “firewall” (a combination of hardware and software that helps keep unauthorized visitors from accessing information within GCG’s computer network), as well as industry standard SSL (Secure Sockets Layer) encryption. Once GCG receives a transmission, GCG will take reasonable precautions to keep that information secure on its systems. While GCG strives to protect privacy, however, no data transmission over the Internet may be guaranteed to be 100% secure. GCG, therefore, cannot warrant or guarantee the security of any PII transmitted to GCG online, or be responsible for the theft, destruction, or inadvertent disclosure of that PII.
E. Changes to This Notice
The terms of this Privacy Notice may change from time to time. If a change is made, the “Last Modified” date located at the bottom of this Notice will be updated to reflect the amendment. Visitors to the Site are advised to check periodically for any changes. The continued use of the Site after GCG posts changes to this Privacy Notice will indicate acceptance of those changes.
F. To Unsubscribe
If a person does not wish to receive e-mails from GCG, he or she may unsubscribe by contacting GCG at firstname.lastname@example.org.
Any questions regarding GCG’s Privacy Notice may be directed to Dan Lane, Vice President, Quality Assurance, at email@example.com or to Stacey Fishbein, Associate General Counsel and GCG’s Privacy Officer, Stacey.Fishbein@gcginc.com. © 2013 GCG. All rights reserved.
Rev.1 April 9, 2007
Rev. 2 July 17, 2008
Rev. 3 September 30, 2009
Rev. 4 April 27, 2010
Rev. 5 November 27, 2012
"As I stated at the Fall meeting, GCG's assistance was invaluable and very much appreciated. I have repeated that fact to others in my firm and beyond. I will always be thankful for your efforts in making my job easier."- Ira Schochet, Partner, Labaton Sucharow LLP
"I have used GCG for several class action administrations and have always been impressed with their attention to detail, responsiveness and professionalism. In my experience, GCG has performed exceptionally well. I look forward to collaborating with the GCG Class Action team on future engagements. "- Eric M. Roth, Partner, Litigation, Wachtell, Lipton, Rosen & Katz
"My firm's experience with GCG has been consistently positive. When GCG administers a class action settlement, I can count on them performing in a timely, cost-effective, and professional manner."- William H. Narwold, Member, Motley Rice
"The outstanding organizational and administrative skills of GCG and their dedicated services, enabled tens of thousands of Smokers’ submissions, many quite bulky, to be reviewed and analyzed quickly and efficiently. Approximately 1.5 million pages of documents were reviewed and analyzed expeditiously, including many hand-written letters. GCG representatives spoke to thousands of Florida Smokers and survivors through the toll-free lines established. "- Miles A. McGrane , III, Trustee, From the Report and Recommendations of Trustee Distributions from the Engle Trust Fund
"The individuals at GCG (all of them) proved to be caring experts at what they do. Claimants were not viewed as mere files or numbers to be processed. On innumerable occasions GCG spoke to interested third parties such as bank loan officers to delay home foreclosures or to creditors to postpone other proceedings, advising them that a distribution from Engle Trust Fund would be forthcoming."- Miles A. McGrane, III, Trustee, From the Report and Recommendations of Trustee Distributions from the Engle Trust Fund
"GCG's work administering the $1.1 billion Royal Ahold Securities Settlement was exceptional. They demonstrated real expertise in navigating the issues unique to foreign securities settlements and did so under extreme time pressure. GCG's reputation as a premiere administration firm is well-deserved. I would use them again without question."- Andrew Entwistle, Managing Partner, Entwistle & Cappucci
"I would like to take a moment to give feedback on GCG’s new ICE e-filing system. I find it is very user friendly. The Excel spreadsheet formatting is perfect also, I think that overall it is so much easier for me as a user to submit documents and keep track of claims processing. Thank you very much for being the first Claims Administrator providing us with an opportunity to make our job easier!"- Yuliya Buslovich, J.P. Morgan Clearing Corp., Class Actions Dept.
"I really appreciate the help and advice that all of you have provided to us over the last several months…having the support of such a knowledgeable team has made things a lot easier for me."- W. Kirk Bosche, Chief Financial Officer, Foothills Resources, Inc., following confirmation of the plan in the Foothills Texas, Inc. case
"The Settlement Administrator has performed admirably thus far; there is no reason to expect anything less in the future."- Terri N. White v. Experian Information Solutions, Inc., No. 805 CV 01070 DOC, ORDER GRANTING APPROVAL OF CLASS ACTION SETTLEMENT FOR MONETARY RELIEF, at *32 (C.D. Cal. Filed July 15, 2011)
"Independent Accounting Firm Eisner LLP found GCG's claim processing to be 99.97% accurate in connection with the Landmark $6.15 billion WorldCom settlement stating, among other things: Eisner applied the detailed calculation procedures to approximately 1,500 individual transactions in the Top Twenty Claims and our calculation of Recognized Loss Amounts for these claims agreed to the Recognized Loss Amounts calculated by the Claims Administrator without exception."- Independent Accountant's Report on Applying Agreed-Upon Procedures WorldCom Securities Litigation
"We are one of the largest filing agents in the world and have filed hundreds of thousands of claims on behalf of more than 300 institutional clients. We consistently find GCG’s seamless transfer of data through their ICE filing system, their extensive knowledge, professionalism and customer service extremely helpful, when having to process many and complex claims in a timely fashion. We and our clients put very high emphasis on data security and handling and believe GCG’s systems live up to the standards of any major financial institution. We believe that GCG sets the standard for settlement administration and is a leader in the business."- Peter K. Hansen, Chairman, Battea – Class Action Services, LLC
"Congratulations on GCG’s recent recognition by the New York Law Journal as best claims administrator! I echo their sentiments."- Patrick F. Ross, Associate, Ungaretti & Harris LLP
"For the past six years I have had the pleasure of working very closely with GCG on a large complex distribution and I have found that they have performed in a stellar fashion at every turn. They are rigorous, professional and easy to work with. On numerous occasions they have helped us sort through complex situations and their advice has always proven helpful. I could not recommend them more highly. "- Jeffrey I. Shinder, Managing Partner, New York Office, Constantine Cannon
"My firm has used the services of GCG for the administration of many of our class action settlements, both big and small. We have also used their services for many other administrative tasks in complex litigation. We have found them accurate, efficient and cooperative in all instances, and would recommend them highly to others."- Daniel W. Krasner, Senior Partner, Wolf Haldenstein Adler Freeman & Herz LLP
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"My experiences with GCG have all been excellent. GCG administered the settlement of a major antitrust class action matter for my firm with stellar results. I have also had experience with them during the pre-settlement stage of a class action and have found their experience and guidance at that phase to be invaluable. Not only would I hire them again but I would strongly recommend consulting them at the earliest phase of a likely class action settlement as they can help the parties navigate complex issues. They are also a pleasure to work with."- Douglass B. Maynard, Partner, Akin Gump Strauss Hauer & Feld LLP
"It’s been a complete delight to work with the professionals at GCG. Their responsiveness is unparalleled. They communicate well, both with the client and each other. And their proven expertise and willingness to assist at any hour are welcome value-adds indeed."- Rivian Bell, Senior Counselor, The Abernathy MacGregor Group, Inc.
"We at Barroway Topaz have utilized the services of GCG as a claims administrator for many years and have always been impressed with their thoroughness, their attention to detail and their great experience in securities class action claims administrations. What is truly remarkable in times like these is that the same level of dedicated customer service, personal contact and follow up is provided, no matter the size of the settlement. GCG excels in a truly specialized industry."- David Kessler, Partner, Barroway Topaz Kessler Meltzer & Check, LLP
"We worked with GCG on a very complex international antitrust class action settlement. Their performance across the board was exceptional. Among other things, GCG successfully designed and implemented one of the largest international multilingual notice campaigns ever undertaken. GCG's highly experienced and professional staff helped us guide our client through this process and did so within budget every step of the way. Just as valuable as their technical expertise was their focus on client service and the cooperative attitude with which they undertook this extraordinarily challenging project. Working with them was truly a pleasure. "- Eric Mahr, Partner, WilmerHale
"GCG is regarded by most counsel experienced in class action litigation as setting the platinum standard for settlement administration. It was named the best Claims Administrator by the New York Law Journal in 2010 and has routinely been approved by courts around the country to act in this capacity."- Mem. In Support of Petition of Preliminary Approval of Class Action Settlement and Appointment of Class Counsel, (D.S.C. Apr. 21, 2011)., Rowles v. Chase Home Finance, LLC
"I am satisfied that the solicitation procedures have been very carefully followed and certainly the affidavit makes that clear and the painstaking manner in which those responsibilities were carried out is impressive."- The Honorable Kevin Gross, Bankruptcy Judge for the District of Delaware, in reference to GCG’s solicitation work on the R.H. Donnelley Corporation Case (from the confirmation hearing transcript).
"My firm has worked with GCG on several matters, both on the debtor side and creditor side, with varying degrees of complexity. In every situation, GCG has proven to be an expert in their field. They are available to meet our needs and those of our clients any time, day or night. Their incredible level of responsiveness distinguishes them in a very competitive landscape and is the reason we continue to hire them."- Ira S. Dizengoff, Partner, Akin Gump Strauss Hauer & Feld LLP
"I have worked with the GCG on many occasions. Their work is beyond reproach. They are true professionals and their customer service is absolutely refreshing. They have answered my questions during many late night hours. I wholeheartedly recommend them."- David W. Long-Daniels, Shareholder, Greenberg Traurig, LLP
"CACM and its clients greatly appreciate the enhanced security that GCG ICE offers. I wish that all other claims administrators would provide this level of security in the transfer of data. Data security is always a top priority for CACM and our clients. I have always found GCG to be the most professional and responsive of all the claims administrators that we deal with. Your new electronic filing system further separates you from the pack."- Mike Egan, President, Class Action Claims Management
"When it was time to select a bankruptcy claims, noticing, and balloting agent for the Boston Generating chapter 11 case, GCG was our immediate choice based on their industry reputation and the expertise of their team. In hindsight, I am even more convinced that our choice was the correct one. Throughout the course of the Boston Generating case, the GCG team responded promptly to our inquiries, took initiative in terms of increasing efficiencies and – most importantly – they listened to and addressed our thoughts and concerns both large and small. The GCG team was exceptional in handling all aspects of this complex chapter 11 case."- David Sheffey, Assistant General Counsel and Corporate Secretary, US Power Generating Company, former parent of Boston Generating and its subsidiaries.
"Garden City is one of the leading claims administrators in the industry . . . [i]f not the leading."- The Honorable Richard M. Berman, Southern District of New York, Wagner v. Barrick Gold Corp., Hearing Tr. 4, Aug. 13, 2013.
"Bernstein Litowitz Berger & Grossmann has used GCG as a claims administrator since its founding because of its dedication, responsiveness and highest quality of work. Because of its excellent work, GCG has administered many of our most significant cases, including our largest, the $6.15 billion WorldCom settlement. "- Edward Grossmann, Partner, Bernstein Litowtiz, Berger & Grossmann LLP
"I have worked with numerous settlement administrators but have found none that deliver the level of service, quality, responsiveness, and value of Garden City Group. On every project GCG has been at or under budget, delivered outstanding quality at very competitive pricing, and has exceeded my expectations for customer service. In my view GCG is simply the best in the industry."- Rodger Eckelberry, Partner, Baker & Hostetler LLP
"GCG handles bankruptcy matters with the utmost professionalism. Its exceptional performance and service have been greatly appreciated."- Candace Clark, Esq., Gordon Silver
"GCG’s performance in connection with the Accuride solicitation was outstanding. GCG’s attention to detail, professionalism and well-designed procedures were all critical to thwarting a challenge to the Plan. And GCG’s testimony at the hearing demonstrated an expert’s grasp of the subject matter, especially regarding solicitation of holders of publicly traded securities. I would not hesitate to hire them again and highly recommend them."- David Heller, Partner, Latham & Watkins LLP
"I am familiar with this firm. And I am confident that it [the solicitation] was conducted appropriately."- The Honorable Brendan L. Shannon, Bankruptcy Judge for the District of Delaware, in reference to GCG’s solicitation work on the Accuride Corporation Case (from the confirmation hearing transcript)
"I have worked with the Chapter 11 Business Reorganization group at GCG since its inception and highly recommend them. The individuals I have worked with are a very talented group of people who have significant, relevant prior experience and are committed to doing excellent work and providing the highest level of client service. They also enjoy the distinction of working within an organization that has been a significant player in the class action and legal noticing fields, an expertise that has come in handy in some of our Chapter 11 cases."- Karen A. Giannelli, Director, Gibbons P.C.