AFFORDABILITY | ID NUMBER 201756

  • GBG provides this Dataset through the Service

GBG provides this Dataset as part of the Service. The End User agrees to comply with the following licencing 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:
Credit Limit” means an advisory financial cap on the credit that should be extended to a company or other business entity in a given timeframe.
Credit Score/Risk Indicator” means an assessment of credit worthiness of a company or other business entity based on algorithmic analysis of available data (financial or otherwise).
Credit Risk Bands” means an assessment of the creditworthiness of a company or other business entity by linking or referring to the company or business entity in connection with a specific credit risk/score category or band.
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 as set out in the Additional Terms below in addition to the Customer Use Case as set out in the Agreement. 

2. USE OF THE DATASET
2.1. The End User acknowledges that this Dataset must not be used for the following Customer use Cases:  Media, Evidence Gatherers, Asset Reunification, Utilities Occupier Unknown and Law Enforcement. 
2.2. The End User must not produce a credit report or any product or service (in any form whatsoever) containing or referring to the Dataset (on its own or in combination with other data) or any results, output or materials derived from the Dataset which bears upon, refers to or otherwise relates to the creditworthiness of any given business or trading entity and/or produce a Credit Score/Risk Indicator or Credit Limit or Credit Risk Bands and use the Dataset to:
a) compile a list of prospective businesses for the purpose of conducting telesales, telemarketing or direct email campaigns which are aimed at a target market and otherwise fall within a specific category/criterion; and/or
b) build a telephone director and/or business directory.
2.3. The End User shall not use the Dataset in whole or part to create any data file or database for either:
i. “gone away” name and/or address suppression; or
ii. home moves identification or which performs the same.
2.4. Notwithstanding any other provisions of these Additional Terms, the End User warrants that it shall not use the Dataset for contacting anyone other than an existing customer of the End User.
2.5. The End User undertakes, warrants and represents that the materials and message delivered to customers of the End User is the responsibility of the End User and that such materials and message must not expressly state knowledge of a specific house transaction or that the property is known to be in the process of a legal conveyance (by way of example only, it must not state “it looks like you’re moving house”).
2.6. The End User shall not use the Dataset for the purposes of directing advertising or marketing materials to any legal or natural person by the End User or any of its clients or associated bodies corporate.
2.7. Where this Dataset is being provided for the purpose of commercial collections, the End User agrees that it will only use the Dataset for the purposes of assisting in the collection from businesses of amounts which have not been paid in accordance with the legal obligations of those businesses or in circumstances which are or may be fraudulent.
2.8. Where the Dataset is being used for the purpose of tracing debtors the End User shall:
a) use the Dataset solely to locate the home address of debtors and (save as required by law) and not divulge or disclose all or any part of the Dataset to any other third party;
b) take reasonable steps to confirm the identity of a debtor before taking any action to recover the relevant debt where the Dataset provides a home address for that debtor; and
c) hold a current registration with the Information Commissioners Office for data processing activities and is authorised and regulated by the Financial Conduct Authority.
2.9. Where the End User is using this Dataset for fraud investigation services, the End User shall:
a) comply with Appendix 1 to these Additional Terms;
b) not use the Dataset for any Prohibited Purposes. Prohibited Purposes are those not in listed in Appendix 1 to these Additional Terms;
c) only use the Dataset where there has been a prior indication of a potential fraud; and
2.10. Where the End User is using this Dataset for Online Gambling services, the provisions of Appendix 2 to these Additional Terms shall apply.
2.11. Some of the Supplier Data that GBG uses to provide the Dataset are supplied by GBG’s Supplier, Experian. The End User acknowledges and accepts that Experian is a Credit Reference Agency (“CRA”) and in utilising the services of a CRA, the End User is required by Experian to include a link to the Credit Reference Agency Information Notice (commonly known as “CRAIN”) as set out below within their own fair processing notice or provide an off-line route to access information about CRAIN, such as printed copies The CRAIN notice link is as follows: https://www.experian.co.uk/legal/crain/
2.12. The End User shall fully indemnify GBG against all liabilities, costs, expenses, damages and losses incurred by GBG as a result of the End User’s failure to incorporate the CRAIN notice within their fair processing notice.
2.13. The End User acknowledges that, given the nature of this Dataset, the End User will not use the Results as the sole basis for any business decision.
2.14. The End User warrants that it will not use this Dataset for any reason outside of the Permitted Purpose. 

3. TERMINATION
3.1. Notwithstanding the termination provisions between GBG and the End User in the General Terms, the supply of this Dataset can be terminated at any time if such supply is no longer possible under the terms of the agreement that GBG has in place with its Suppliers or if the supply of any other Dataset needed for the supply of this Dataset is terminated.

APPENDIX 1 TO THE ADDITIONAL TERMS

Additional End User Permitted Purpose and Compliance Provisions

PART A

Scenario

Address Links

Insurance

· Linking individuals and addresses together can help identify people working fraudulently together e.g. in ‘Crash for cash’ scenarios ((via use of client internal systems/databases of historical/previous suspicious activity)

Life & Pensions

· Finding goneaways to reunite assets or allow the customer to carry out further validation such as deceased checking at a new/previous address

· Help meet Pension Regulator guidelines to ensure the data they have is accurate

· Identify fraud - find contact details of an individual that is claiming a pension or other policy on behalf of named other

Retail

(e.g. purchasing/ordering goods and services online)

· Exception handling

· Confirmation of delivery address for investigation of fraud

· Connect frauds at previous addresses

· Locate and link individuals together that may be involved in fraudulent activity (via use of client internal systems/databases of historical/previous suspicious activity)

Social Housing

(HA’s and Local Authorities)

· General fraud indicator for individuals used in conjunction with other data sources (via use of client internal systems/databases of historical/previous suspicious activity)

 

Local Authorities

(e.g. council tax evasion; single person discount reviews)

· General fraud indicator for individuals used in conjunction with other data sources (via use of client internal systems/databases of historical/previous suspicious activity)

 

Gaming

(online)

· Locate and link individuals together that may be involved in fraudulent activity (via use of client internal systems/databases of historical/previous suspicious activity)

 

Finance providers

· Locate and link individuals together that may be involved in fraudulent activity (via use of client internal systems/databases of historical/previous suspicious activity)

Travel & Leisure

(e.g. rail operators investigating fare evasion)

· Locate and link individuals together that may be involved in fraudulent activity (via use of client internal systems/databases of historical/previous suspicious activity).

Utilities

· Locate and link individuals together that may be involved in fraudulent activity (via use of client internal systems/databases of historical/previous suspicious activity).

Telecoms

· Locate and link individuals together that may be involved in fraudulent activity (via use of client internal systems/databases of historical/previous suspicious activity).

APPENDIX 2 TO THE ADDITIONAL TERMS
SPECIAL TERMS AND CONDITIONS FOR USE OF THE SERVICES IN CONNECTION WITH ONLINE GAMBLING (“ONLINE GAMBLING SPECIAL TERMS AND CONDITIONS”)

Notwithstanding anything to the contrary stated within the Agreement, where the Dataset is used in connection with Online Gambling, these Online Gambling Special Terms and Conditions shall apply and shall take precedence over any other terms and conditions contained within these Additional Terms and the Agreement.

In these Online Gambling Special Terms and Conditions the following definitions shall apply:

"Licence(s)" means all licences, permits, authorisations and/or accreditations that are required in order for the holder to supply Online Gambling in the Online Gambling Country;

“Licensing Country” means the following countries: Gibraltar, Jersey, Guernsey, Alderney, Malta, Isle of Man and United Kingdom and such other countries as the Supplier may agree from time to time;

“Online Gambling” means a gambling service accessed via remote communication whereby Players register, deposit funds and bet and/or play games;

“Online Gambling Country” means the countries identified as such under the Permitted Activities for Online Gambling Countries section below;

“Permitted Activity” means the Online Gambling activities identified as permitted activities in relation to an Online Gambling Country under the Permitted Activities for Online Gambling Countries section below;

“Player” means an individual who is a potential or actual Online Gambling customer of the End User;

“Player Location” means the country in which the Player is located when the Services are accessed by the End User;

When the Supplier Data is used in connection with Online Gambling:

- the Territory shall be the Online Gambling Countries; and

- the End User Permitted Purpose shall be ID verification and fraud prevention purposes in connection with Players only where (a) the Player Location is an Online Gambling Country, and (b) the Online Gambling for which the Services are used is a Permitted Activity for the Player Location, and the End User holds the Licences for such Permitted Activities.

The End User shall;

- comply at all times with the Permitted Purpose;

- carry out practical mitigation, and use all reasonable steps to ensure that it complies with the Permitted Purpose, which shall include (without limitation) ensuring and that Players using the Services (i) are situated in an Online Gambling Country, and (ii) are only able to use the Services in connection with Permitted Activities for which the End User has the Licences;

- operate in a manner that is consistent with the actions of a reputable company operating in the Online Gambling industry; and

- ensure that the End User holds and maintains appropriate Licence(s) to carry out the Permitted Activity in Online Gambling Countries in which it operates and for which it proposes to use the Supplier Data.

In addition to any other restrictions contained within the Additional Terms and General Terms, each End User must be a company whose registered office is in a Licensing Country.

Permitted Activities for Online Gambling Countries:

 

Online Gambling Country

Permitted Activity

Bulgaria

Sports betting / Horse race betting / Poker / Casino / Bingo / Lottery

Denmark

Sports betting / Poker / Casino

Great Britain

Sports betting / Horse race betting / Exchanges / Poker / Casino / Bingo

Italy

Sports betting / Horse race betting / Exchanges / Poker / Casino / Bingo

Spain

Sports betting / Horse race betting / Poker / Casino / Bingo

Australia:

 

Australian Capital Territory

Sports betting / Horse race betting / Exchanges / Bingo

New South Wales

Sports betting / Horse race betting / Bingo

Northern Territory

Sports betting / Horse race betting / Exchanges / Bingo

Queensland

Sports betting / Horse race betting / Bingo

South Australia

Sports betting / Horse race betting / Bingo

Tasmania

Sports betting / Horse race betting / Exchanges / Bingo

Victoria

Sports betting / Horse race betting / Exchanges / Bingo

Western Australia

Sports betting / Horse race betting / Bingo

Austria

Sports betting / Horse race betting

Belgium

Sports betting / Horse race betting / Poker / Casino / Bingo

Croatia

Sports betting / Horse race betting / Exchanges / Poker / Casino / Bingo

Czech Republic

Sports betting / Horse race betting / Poker

Estonia

Sports betting / Horse race betting / Poker / Casino / Bingo

France

Sports betting / Horse race betting / Poker

Latvia

Sports betting / Horse race betting / Poker / Casino / Bingo

Poland

Sports betting / Horse race betting