EMAIL VALIDATION V3 | ID NUMBER 201753
The Supplier Data used to provide Email Validation V3 Dataset is obtained from GBG’s Supplier, Mailjet SaaS Ltd. GBG is obliged under the terms of its agreement with its Supplier to ensure that all End Users agree to comply with the following provisions:
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 the use of the Dataset outlined by the Supplier as set out in the Additional Terms below, in addition to the Customer Use Case set out in the Agreement.
2. USE OF THE DATASET
2.1. The End User shall not use the Supplier Data for the generation of an address or a compilation of addresses for the sending of mail unless the End User has verified that each address to be used for the sending of mail is capable of receiving mail by reference to a secondary source of information other than the Supplier Data.
2.2. The End User may not use the Service to engage in, foster, or promote illegal, abusive or irresponsible behaviour, including (but not limited to):
a. Any activity or conduct that is likely to be in breach of any applicable laws, codes or regulations, including data privacy laws and laws relating to unsolicited commercial electronic messages;
b. Any activity intended to withhold or cloak identity or contact information, including the omission, deletion, forgery or misreporting of any transmission or identification information, such as return mailing and IP addresses;
c. Any activity which might reasonably be considered: (i) to be illegal, immoral, unethical, deceptive, scandalous, fraudulent, offensive and/or obscene; or (ii) to injure, tarnish, damage or otherwise negatively affect the reputation and goodwill associated with the Supplier of any of the Supplier’s Services, networks, platforms, group companies or customers;
d. Interfering with or otherwise adversely impacting any aspect of the Services, the Supplier’s overall business and operations, or any third party or the Supplier’s network or platform that are linked to the Services; and
e. Any activity or conduct that is not likely to be consistent or in conflict with the Services, products, network, platform or the design, documentation, features and intent.
2.3. The End User shall not promote the following activities or send content, whether permitted by law or not, that includes the following, but is not limited to:
a. Any payday loans, debt collection agencies, affiliate marketing, or anything that can be considered abusive or dishonest;
b. Any gambling activity in violation of any required licenses, codes of practice, or necessary technical standards required under the laws or regulations of any jurisdiction in which the End User’s site is hosted or accessed;
c. Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, non-consensual sex acts, or otherwise unlawfully exploits persons under 18 years of age;
d. Publish, transmit or store any content or links to any content that is excessively violent, incites violence, threatens violence, contains harassing content or hate speech, creates a risk to a person’s safety or health, or public safety or health, compromises national security or interferes with an investigation by law enforcement;
e. Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
f. Is defamatory or violates a person’s privacy; or
g. Is otherwise malicious, fraudulent or morally repugnant.
2.4. The End User warrants that it will not use the Dataset for any reason outside the Permitted Purpose.
3. EXCLUSION OF WARRANTIES AND LIABILITY
3.1. Notwithstanding anything in the Agreement to the contrary, and to the extent permitted by law, except for the Supplier’s gross negligence or wilful misconduct, the Supplier’s monetary liability for any damages stemming from its data protection obligations in respect of the Supplier Data shall not exceed the greater of four times the total amount paid for the Services that are the subject of the claim in the twelve months immediately preceding the event(s) that gave rise to the claim, or five hundred thousand pounds sterling (£500,000) per claim and the maximum aggregate monetary liability in respect of any other liabilities shall not exceed two hundred and fifty thousand pounds sterling (£250,000).
3.2. If the Supplier, including their service providers, officers, directors, employees, contractors, suppliers and agents (“the Indemnitees”) is faced with a legal claim by a third party arising out of the End User’s actual or alleged wilful misconduct, breach of applicable law, failure to meet the security obligations required by the Agreement or clause 2 of these Additional Terms, then the End User will pay the cost of defending the claim (including reasonable legal fees) and any damages award, fine or other penalty that is imposed on the Indemnitees as a result of the claim.
