PremioCard Privacy Policy

Effective as of: 25/08/2018

This Privacy Policy describes how we collect, use, process, and disclose your information, including personal information, in conjunction with your access to and use of PremioCard Service.

If you see an undefined term in this Privacy Policy (such as “E-money” or “PremioCard”), it has the same definition as in our PremioCard Terms & Conditions, PremioCard Business Terms & Conditions, Acquiring Service Terms & Conditions, regulating the all aspects of PremioCard Service for individual and business clients to all of which this Privacy Policy is inseparable part.

When this policy mentions “we,” “us,” or “our,” it refers to iCard AD, Company number 175325806, Registered office James Boucher 76A, Sofia, Bulgaria, that is responsible for your information under this Privacy Policy (the “Data Controller”).

For the purposes of this documents PremioCard Service consist of products, services, content, features, technologies, or functions, and all related websites, applications (if any) offered to you by us or mobile apps, online platform, official social media platforms or other online properties, or POS terminals or other physical devices through which we provide payment and e-money services (referred to as “PremioCard Service” or “Service”).

We give utmost importance to the protection of personal data of our customers. In the following Privacy Policy, we inform the Client about the collection, use and processing of your personal data when you apply, register or use our PremioCard Service and all functionalities, including our website https://www.premiocard.com (hereinafter: "Website"), E-money account, Cards and POS devices.

PremioCard Service is also designed for business purposes and may be used both by individuals or entities (“company”). In case you are registering for and/or using our PremioCard Service on behalf of an entity we will treat you as authorized person on behalf of the company and you may be obliged to disclose to us personal data of the legal representatives, the employees, the agents, the beneficial owners or any other third-party related to the entity pursuant to the rules described below. You certify that where you have provided information regarding any third person beside yourself you have received prior consent from that other person to provide their personal information to us.

Please see Section 4.7 for contact details of the Data Controller

Not a Framework Contract: For the avoidance of doubt, this Privacy Policy does not constitute a "framework contract" for the purpose of the EU Payment Services Directive 2 (EU) 2015/2366 or any implementation of that directive in the European Union or EEA (including, without limitation any national laws implementing the EU PSD).

1. WHAT INFORMATION WE COLLECT

You are informed that there are three general categories of information that is collected from you differentiated on grounds as defined by the Regulation 2016/679 and other applicable data protection national laws.

1.1 Information That We Collect In Order To Perform Our Legal Obligations and In Order To Provide PremioCard Service As Part Of Our Contract With You

We may ask for and collect from you the following personal information when you use the PremioCard Service.

This information is necessary for us to comply with our regulatory obligations and for the adequate performance of the contract between you and us. Without it, we may not be able to provide you effectively with the PremioCard Service.

  • Registration and Use of Information for PremioCard Account and Payment Card. When you sign up for PremioCard Service, we may require certain personal information such as:

    • First name and surname
    • Date of birth
    • Place of birth
    • Email address
    • Nationality
    • Registered address
    • Mobile telephone number
    • Identification document and all data from the identification document
    • Type of identification document
    • Issue date
    • ID number
    • Issuing authority

    And other data which we may choose to collect in our enrol forms on our Website, which is necessary for your identification and verification.
  • Identity Verification Information. In accordance with our legal obligations under the relevant Anti-money laundering and anti-terrorism financing regulations, we are obliged to verify your identity or the identity of the authorized user who is opening the Account (in case of company or other entity, referred to as “user opening the Account”).

    We comply with this legal obligation by any means permissible and in compliance with applicable AML laws. Anti-money laundering and anti-terrorism financing measures that we may apply are (non-exhaustively):

    - copy of ID Card of natural persons, including persons authorized for opening and managing the account (in case of companies)

    - Verification of permanent address

    - Declaration for Ultimate beneficial owners and collection of their personal details (as described above), in case of company.

    - Information regarding corporate structure and ownership, representatives and other similar data, in case of entities.

  • Tax information. In order to comply with CRS/FATCA regulations, we may be required to collect your Tax Identification Number (“TIN”), Country of Tax Residence and status (active or passive business). We might be required to disclose this information to its supervising tax authorities.

  • Risk and Fraud related information. In order to comply with relevant Anti-money laundering and anti-terrorism financing regulations we collect personal data regarding you, such as demographic data or fraud detection information, from third-party service providers and/or partners, and combine it with information we have about you.

  • Source of income, annual estimate over the account, business activity details. In order to comply with relevant Anti-money laundering and anti-terrorism financing regulations we may collect personal data regarding you related to your sources of income and any other similar financial information about you which would help us prevent money laundering and/or terrorism financing.

  • Card-related information. We may collect information about your payment cards, which we have issued to you. The information may be as follows: address of delivery of card, card number (masked PAN), emboss name, issue date, expiry date, IBAN or other payment account identifier to which card is linked to, currency, card transaction data, spending limits, expired cards’ details, SMS or other communication which the cardholder has received or has initiated with us, card status history, date of activation.

  • Log data and device information. We automatically collect log data and device information when you access and use the PremioCard Website, even if you have not created a PremioCard Account or logged in. That information includes, among other things: details about how you’ve used the PremioCard Website (including if you clicked on links to third party applications), IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the PremioCard Website. We collect this information in relation to our legal obligation to provide you with secure methods of controlling your financial assets and your personal data.

  • Payment Transaction Information. We collect information related to your payment transactions under PremioCard Service for example when you make purchases from merchants, or you receive payments or in case we process payments executed by you.

    The payment transaction information may include the payment instrument’s details used, date and time of transactions performed by you, amount of payment transaction, payment instrument expiration date and billing postcode, email address, IBAN or other account identifier information, your address and other related transaction details.

    This information is necessary for the adequate performance of the contract between you and us and to allow us to provide you effectively the PremioCard Service.

  • Participant information - When you use our PremioCard Service, we collect Personal Data you provide us about the other participants associated with the transaction. Particular payment transaction information may include:

    • Issuing of PremioCards for third-parties: When you request the issuing of a PremioCard Service for a third-party affiliate or relative, we collect Personal Data such as name, postal address, e-mail, telephone number about the person who going to be the beneficiary of the issued PremioCard. The extent of Personal Data required about a participant may vary depending on the service you are using to send or request money.
    • Money transfers to or from other Financial institutions: If you use PremioCard functionalities to transfer money to accounts held with other Financial institutions we may collect personal data from you about the other party, or from the other party about you to facilitate the payment transaction or provide the other Financial institutions with your Identity verification information. This is our obligation under Regulation (EU) 2015/847.

1.2 Information That We Collect with Your Consent

You may choose to provide us with additional personal information in order to obtain a better user experience when using PremioCard. This additional information will be processed based on your consent.

  • Other Information. You may otherwise choose to provide us information when you fill in a form, conduct a search, update or add information to your PremioCard Account, respond to surveys, participate in promotions, or use other features of the PremioCard Service.

1.3 Information We Collect from Your Use of the PremioCard Service.

When you use the PremioCard Service, we may collect information, including personal information, about the Service you use and how you use them. This information is necessary given our legitimate interest in being able to provide and improve the functionalities of the PremioCard Service.

  • Geo-location Information. When you use certain features of the PremioCard Website or Devices, we may collect information about your precise or approximate location as determined through data such as your IP address or mobile device’s GPS to offer you an improved user experience. Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings menu. We may also collect this information even when you are not using the app if this connection is enabled through your settings or device permissions. The legitimate interests that we pursue with this processing is the identification of location-specific problems (i.e. coverage problems for SMS-sending purposes) and other statistical information, which helps us improve our Service.
  • Usage Information. We collect information about your interactions with PremioCard Service such as your usage of any Website Functionalities, and other interactions with PremioCard Service. The legitimate interests that we pursue with this processing is collection of reports and other statistical information, which helps us improve our Service.
  • Cookies and Similar Technologies. We use cookies and other similar technologies, such as web beacons, pixels, and mobile identifiers. We may also allow our business partners to use these tracking technologies on PremioCard Service or engage others to track your behaviour on our behalf. While you may disable the usage of cookies through your browser settings, PremioCard Website currently does not respond to a “Do Not Track” signal in the HTTP header from your browser or mobile application due to lack of standardization regarding how that signal should be interpreted. For more information on our use of these technologies, see our Cookie Policy.
Please be advised that when you use PremioCard Service, we automatically collect some of the personal information described in the sections above such as Geo-location Information, Log Data and Device Information, Cookies and Similar Technologies, Payment Transaction Information.

2. HOW WE USE INFORMATION WE COLLECT

We use, store, and process information, including personal information, about you to provide, understand, improve, and develop PremioCard Service, create and maintain a secure environment, pursue our legitimate interests and comply with our legal obligations.

2.1 Providing e-money and payment Service.

  • initiate a payment or a funding transaction of your PremioCard account/via your PremioCard payment instrument or any other kind of payment transaction via PremioCard POS terminal;
  • authenticate your access to your PremioCard Account or your payment instrument, or you POS terminals;
  • communicate with you about your PremioCard Account and payment instruments, POS terminals;
  • communicate your personal information with third financial institution of Participants in your payment transaction;
  • create an account connection between your Account and a third-party account or platform, if applicable;
  • perform creditworthiness and other financial standing checks, evaluate applications, and compare information for accuracy and verification purposes
  • Detect and prevent fraud, abuse, security incidents, and other harmful activity by blocking PremioCard Service or by applying other fraud prevention measures.
  • Conduct security investigations and risk assessments.
  • Conduct checks against databases and other information sources.
  • Comply with legal obligations (such as anti-money laundering regulations).
  • Enforce our rights, interests and claims arising from the Legal Agreements.
We process this information given our legitimate interest in improving the PremioCard Service and our clients’ experience with it, and where it is necessary for the adequate performance of the contract with you as well as to comply with applicable laws.

2.3 Create and Maintain a Secure Environment.

  • Detect and prevent fraud, spam, abuse, security incidents, and other harmful activity.
  • Conduct security investigations and risk assessments.
  • Verify or authenticate information or identifications provided by you.
  • Conduct checks against databases and other information third party sources, including background or police checks, data providers, credit bureaus to the extent permitted by applicable laws and with your consent where required.
  • Monitor your payment transactions
  • Resolve any disputes and enforce our agreements with third parties.
  • Enforce our legal rights.
We process this information given our legitimate interest in protecting PremioCard Service, to measure the adequate performance of our contract with you, and to comply with applicable laws.

2.4. Provide, Personalize, Measure, and Improve our Advertising and Marketing.

  • Send you promotional messages, marketing, advertising, and other information related to PremioCard Service and the products and services of unaffiliated businesses that may be of interest to you based on your preferences and social media advertising through social media platforms such as Facebook, LinkedIn or Google.
  • To provide personalised PremioCard Service offered by us on third-party websites and online services. We may use your Personal Data and other information collected in accordance with this Privacy Policy to provide a targeted display, feature or offer to you on third-party websites. We may use cookies and other tracking technologies to provide these online services and/or work with other third-parties such as advertising or analytics companies to provide these online services.
  • To provide you with location-specific options, functionality or offers if you elect to share your Geolocation Information through the Service. We will use this information to enhance the security of the PremioCard Service and provide you with location-based service, such as advertising, search results, and other personalised content.
  • Personalize, measure, and improve our advertising.
  • Administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by us or its third party partners.
  • For participation in games, quizzes and completion of questionnaire or a contest entry form for promotional campaigns.
  • Conduct profiling on your characteristics and preferences (based on the information you provide to us, your interactions with PremioCard Service, information obtained from third parties) to send you promotional messages, marketing, advertising and other information that we think may be of interest to you.
We will process your personal information for the purposes listed in this section given our legitimate interests in relation to the products we have already offered you and your consent in undertaking marketing activities to offer you services that may be of your interest. You have the right to opt-out from processing your personal information for the purposes described above by withdrawing your consent at any time and free of charge.

3. WITH WHOM DO WE SHARE PERSONAL DATA

3.1. With other members of iCard corporate family: We may share your Personal Data with members of the iCard Group of companies or within our extended family of companies that are related by common ownership or control, so that we may provide the Service you have requested or authorised or to manage the risk, or to help detect and prevent potentially illegal and fraudulent acts and other violations of our policies and agreements and to help us manage the availability and connectivity of our Service and communications.

3.2. With third-party service providers: We may share personal information with third-party service providers that support us in providing PremioCard Service, and/or Website with functions at our decision and our behalf.

These third-party service providers may for example:

  1. verify your identity or authenticate your identification documents,
  2. check information against public databases,
  3. conduct background or police checks, fraud prevention, and risk assessment,
  4. perform risk monitoring;
  5. perform service development, maintenance and debugging,
  6. provide customer support,
  7. IT support and development service;
  8. card plastic production service;
  9. resell and distribute PremioCard Service;
  10. handling and distributing PremioCard payment instruments;
  11. promote PremioCard Service as business introducers or promoters, or similar;
  12. perform courier service on our behalf;
  13. provide cloud, storage or collocations service;
  14. provide audit and accountancy service;
  15. provide legal, compliance or other consultancy service;
  16. Marketing and Public Relations service
These providers have limited access only to your information necessary to perform the tasks for which they were contracted for on our behalf and are contractually bound to protect and to use it only for the purposes for which it was disclosed and consistent with this Privacy Policy.

3.3. With other financial institutions that we have contracted to enable us to provide effectively Payment Services to our customers: These financial institutions may only use this information in order for us to provide you with the wider scope of payment features. Such may be:

  1. Correspondent banks for the purposes of settling money transfers and currency exchange operations;
  2. Domestic payment schemes for the purposes of processing domestic payments;
  3. International payment schemes for the purposes of processing euro payments;
  4. Card Organizations for the purposes of card issuing and acquiring;
  5. Financial Institutions

3.4. With the other parties to transactions when you use PremioCard Service, merchants and their providers: We may share information with the other participants to your transactions, including other clients or payers/payees you are sending or receiving funds from, and merchants or their service providers when you use the Service to pay for goods or services. The information includes:

  • Personal Data necessary to facilitate the transaction;
  • Personal Data to help other participant(s) resolve disputes and detect and prevent fraud;

3.5. With other third parties for our legitimate interest or as permitted or required by law: We may share information about you with other parties for our legitimate interest or as permitted or required by law, including:

  • if we need to do so to comply with a law, legal process or regulations;
  • to law enforcement authorities or other government officials, or other third parties pursuant to a subpoena, a court order or other legal process or requirement applicable to us or our corporate family;
  • if we believe, in our sole discretion, that the disclosure of Personal Data is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity;
  • to protect the vital interests of a person;
  • with third-party providers for anti-fraud and compliance purposes;
  • to investigate violations of or enforce a user agreement or other legal terms applicable to any of our services;
  • to protect our property, services and legal rights;
  • to facilitate a purchase or sale of all or part of our business;
  • in connection with shipping and related services;
  • in relation to promoting PremioCard Service to end users by third party business introducers;
  • to help assess and manage risk and prevent fraud against us, our clients and fraud involving our Website or use of our PremioCard Service, including fraud that occurs at or involves our business partners, strategic ventures, or other individuals, and merchants;
  • to companies that we plan to merge with or be acquired by; and
  • to support our audit, compliance, and corporate governance functions.
With your consent: We also will share your Personal Data and other information with your consent or direction.

In addition, we may provide aggregated statistical data to third-parties, including other businesses and members of the public, about how, when, and why users visit our Website for the Service. This data will not personally identify you or provide information about your use of PremioCard Service. We do not share your Personal Data with third parties for their marketing purposes without your consent.

3.5. Aggregated Data. We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.

3.6 Monitoring We may monitor or record telephone calls, emails, web chat or other communications with you for regulatory, security, customer support or training purposes. When visiting our or our Agent’s offices, CCTV, access control systems and/or other monitoring systems may be in operation.

3.7 Business Transfers. If any of the companies that provides PremioCard Service is involved in any merger, acquisition, reorganization, sale of assets, transfer of portfolio, bankruptcy, or insolvency event, then we may sell, transfer or share some or all of our assets, including your information in connection with such transaction or in contemplation of such transaction (e.g., due diligence). In this event, we will notify you before your personal information is transferred to a different legal person and/or becomes subject to a different privacy policy.

4. YOUR RIGHTS

You may exercise any of the rights described in this section before the Data Controller by sending an email from your e-mail registered for PremioCard Service to iCard. Please note that we may ask you to verify your identity before taking further action on your request. Please note that upon receipt of your e-mail we shall try our best to provide you with the requested information and resolve your request in reasonable time, subject to all obligations which we or the related companies have under the applicable laws.

4.1 Managing Your Information.

You have the right to obtain the following:

  • confirmation of whether, and where we are processing your personal data;
  • information about the purposes of the processing;
  • information about the categories of data being processed;
  • information about the categories of recipients with whom the data may be shared;
  • information about the period for which the data will be stored (or the criteria used to determine that period);
  • information about the existence of the rights to erasure, to rectification, to restriction of processing and to object to processing;
  • information about the existence of the right to complain to any Regulator;
  • where the data was not collected from you, information as to the source of the data; and information about the existence of, and an explanation of the logic involved in, any automated processing.
  • Additionally, you may request a copy of the personal data being processed.

4.2 Rectification of Inaccurate or Incomplete Information.

You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself via your online access to PremioCard Account).

4.3 Data Access and Portability.

You have the right to:

  • receive a copy of your personal data in a structured, commonly used, machine-readable format that supports re-use;
  • transfer your personal data from one controller to another;
  • store your personal data for further personal use on a private device; and
  • have your personal data transmitted directly between controllers without hindrance.
In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us.

4.4 Data Retention and Erasure.

We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our regulatory obligations. If you no longer want us to use your information to provide PremioCard Service to you, you can request that we erase your personal information and close your PremioCard Account, providing your account is in good standing, not blocked or somehow limited for compliance, risk or regulatory reasons, or due to your outstanding obligation to us, court order, pledge or order by another regulator or other reason which prevent us by law to close your account or terminate the Service. Since the Data Controller is a regulated E-money institution, Data Controller is obliged under PSD and AML laws to keep your personal information and all transactions history for a period of 5 years after the termination of the relation with you. Please note that if you request the erasure of your personal information:

  • We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing security. For example, if we suspend a PremioCard Account for fraud or safety reasons, we may retain certain information from that PremioCard Account to prevent that client from opening a new PremioCard Account in the future. We are also obliged to retain personal data which we have collected for the purposes of complying with the relevant anti-money laundering and anti-terrorism financing for a period as defined under the applicable law.
  • We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, PremioCard may keep some of your information for tax, legal reporting and auditing obligations.
  • Because we maintain the PremioCard to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.

4.5 Withdrawing Consent and Restriction of Processing.

Where you have provided your consent to the processing of your personal information by us you may withdraw your consent at any time by changing your Account settings or by sending a communication to us specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where:

  1. you contest the accuracy of your personal information;
  2. the processing is unlawful and you oppose the erasure of your personal information;
  3. we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims; or
  4. you have objected to the processing and pending the verification whether our legitimate grounds override your own.

4.6 Objection to Processing.

In some jurisdictions, applicable law may entitle you to require us not to process your personal information for certain specific purposes (including profiling for marketing purposes) where such processing is based on legitimate interest. If you object to such processing we will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defence of legal claims. Please note that the Data Controller is a regulated E-money institution and is obliged under AML laws to make risk profiling of their customers upon opening of the relationship and constantly during the relationship and this is a legitimate reason. In case you do not wish us to process your personal data for certain specific purposes, which are legitimate purposes to us, you shall have to close your account or we may have to stop providing you some or all of the functionalities of the PremioCard Service.

Where your personal information is processed for direct marketing purposes, you may, at any time ask us to cease processing your data for these direct marketing purposes by sending an e-mail to the contact e-mails below.

4.7 Lodging Complaints.

4.7.1. You should in first place try to resolve the matter by sending an e-mail to

  • iCard AD, Bulgaria you may contact us at:
    Data Protection Officer (DPO):
    dpo@premiocard.com
    Business Park Varna No B1, Varna 9023, Bulgaria

4.7.2 In case you are not satisfied with the reply or resolution of the Data Controller, you have the right to lodge complaints about the data processing activities carried out by us before the competent data protection authorities.

You have the right to file a complaint with the Data Controller’s lead supervisory authority, the Commission for Protection of Personal Data, Bulgaria:

Address:
Sofia 1592
2 Prof. Tsvetan Lazarov blvd.
Tel: 02 91 53 518
e-mail: kzld@cpdp.bg

5. OPERATING GLOBALLY

To facilitate our global operations we may transfer, store, and process your information within our family of companies or with service providers based in Europe, India, Asia Pacific and North and South America. Laws in these countries may differ from the laws applicable to your Country of Residence. For example, information collected within the EEA may be transferred, stored, and processed outside of the EEA for the purposes described in this Privacy Policy. Where we transfer store and process your personal information outside of the EEA we have ensured that appropriate safeguards are in place to ensure an adequate level of data protection.

6. INTERNATIONAL TRANSFERS

6.1 EU-US & Swiss-US Privacy Shield.

Where we disclose any of your collected personal information outside EEA to USA (if applicable), we shall comply with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework and any other adequacy decision.

6.2 Other Means to Ensure an Adequate Level of Data Protection.

In case personal information is shared with corporate affiliates or third-party service providers outside the EEA in absence of an adequacy decision, we have - prior to sharing your information with such corporate affiliate or third-party service provider – established the necessary means to ensure an adequate level of data protection. We will provide further information on the means to ensure an adequate level of data protection on request.

7. SECURITY

We take the responsibility to ensure that your personal information is secure, kept in an encrypted from on servers, collocated in Special data centres in Class A jurisdictions in Europe. To prevent unauthorized access or disclosure of information we maintain physical, electronic and procedural safeguards that comply with applicable regulations to guard non-public personal information. Once you are logged into your Account, all internet communication is secured using Secure Socket Layer (SSL) technology with High-grade security Encryption (AES-256, 256 bit keys, certified by StartCom Ltd). We restrict access to your personally identifiable information only to employees who need to know that information in order to provide products or services to you.

If you know or have reason to believe that your PremioCard Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your PremioCard Account, please contact us following the instructions in the Contact Us section below. While we are dedicated to securing our systems and Service, you are responsible for securing and maintaining the privacy of your password(s) and Account/profile registration information and verifying that the Personal Data we maintain about you is accurate and current.

8. Can Children Use Our Service?

PremioCard Service are not designed to individuals under the age of 18. We do not knowingly collect information, including Personal Data, from children or other individuals who are not legally able to use PremioCard Service. If we obtain actual knowledge that we have collected Personal Data from an individual under the age of 18, we will promptly delete it, unless we are legally obligated to retain such data. Contact us if you believe that we have mistakenly or unintentionally collected information from an individual under the age of 18.

9. CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this Privacy Policy at any time in accordance with this provision. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on PremioCard Website. If you disagree with the revised Privacy Policy, you may cancel your Account. If you do not cancel your Account before the date the revised Privacy Policy becomes effective, your continued access to or use of PremioCard Service will be subject to the revised Privacy Policy.

10. CONTACT US

If you have any questions or complaints about this Privacy Policy or our information handling practices, you may email us from your registered e-mail for the Service to the e-mails stated above in Section 4.