NOTE:  GBG is currently undertaking a migration project with the Supplier and moving to a new API for this Dataset.  Once this is complete with all End Users GBG will no longer host the Supplier Data. 

1. DEFINITIONS
1.1. In these Additional Terms, the following definitions shall apply, in addition to the definitions set out in the General Terms and Product Terms:
“End User Data” means any data provided to GBG by the End User for processing in accordance with the terms of the Agreement including where relevant any personal data.

“Permitted Purpose” means the purposes, restrictions and or conditions for use of the Dataset outlined by the Supplier in these Additional Terms below in addition to the Customer User Case set out in the Agreement.

2. USE OF THE DATASET

2.1 Until the End User successfully actives the new API, GBG will not transfer End User Data to the Supplier to provide this Dataset.

2.2 Upon successful activation of the new API Service, the following terms shall also apply, in addition to the terms above:

(a) The Supplier Data used to provide you this Dataset is hosted by the Supplier in the United Kingdom.  In order to deliver this Dataset, the Supplier shall receive and process End User Data in its capacity as an independent controller; and 

(b) The Supplier is based in the United Kingdom.  The United Kingdom is deemed to offer an adequate level of data protection for personal data by the European Commission, therefore the Parties acknowledge that End User Data can be safely transferred to the Supplier for processing without further data export safeguards

2.3 The terms “consumer reporting agency,” “consumer report,” “permissible purposes,” and “adverse action” utilised within clause 2 shall adhere to the definitions ascribed to them under the Fair Consumer Reporting Act, 15 U.S.C. §1681 et seq. (“FCRA”).
2.4 If the End User processes personal data belonging to data subjects residing in the United States or any of its territories then clauses 2.5-2.7 below shall apply.

2.5 THE END USER ACKNOWLEDGES AND AGREES THAT (A) GBG DOES NOT QUALIFY AS A “CONSUMER REPORTING AGENCY”, (B) THAT THIS DATASET PROVIDED BY GBG TO END USER HEREUNDER DO NOT CONSTITUTE “CONSUMER REPORTS,” AND (C) THAT THIS DATASET IS EXCLUSIVELY PROVIDED FOR IDENTITY VERIFICATION AND FRAUD PREVENTION, AND THEREFORE IT SHALL NOT USE THIS DATASET AS A FACTOR TO DETERMINE ELIGIBILITY FOR CREDIT, INSURANCE, EMPLOYMENT, OR ANY OTHER PERMISSIBLE PURPOSES UNDER THE FCRA OR ANY OTHER SIMILAR APPLICABLE CONSUMER CREDIT LAW IN THE UNITED STATES OR OTHERWISE.

2.3 The End User agrees that it shall not consider the use of this Dataset as a “permissible purpose” to obtain a credit report under the FCRA or consider the use of any of the information or Results it receives from this Dataset to take any “adverse action” based in whole or in part on any information provided by this Dataset as that term is defined in the FCRA. Furthermore, End User shall not use any data provided by this Dataset for marketing purposes. If at any time, GBG determines, in its sole and reasonable discretion, that End User is not using this Dataset provided under the Agreement in compliance with any of the foregoing, GBG may immediately terminate the Agreement without notice and without waiving any claim for damages.
2.4 The End User further agrees that it shall not use any information and/or Results it receives through this Dataset: (i) in violation of the provisions and regulations of the Drivers Privacy Protection Act (18 U.S.C. Section 2721 et seq.); or (ii) in violation of such other future legislation that GBG reasonably determines limits the use of this Dataset.
2.5 The End User warrants that it will not use this Dataset for any reason outside of the Permitted Purpose.