• GBG hosts the Supplier Data
• No Sub-processors are used
• Restricted to use by End Users within the Gas & Electricity Industry

The Supplier Data that GBG uses to provide Utilities Register is supplied by GBG’s Data Supplier. GBG is obliged under the terms of its agreement with its Data 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:
“Derived Data” means any records or information created from the authorised use of the Supplier Data in conjunction with any records or other information derived by reference to or comparison with other data, with the sole exception being any data independently received and data captured by GBG or the End User as a result of a bona fide incoming response from a bona fide direct marketing campaign, or other unsolicited contact with a Data Subject.

2. USE OF THE SUPPLIER DATA
2.1. GBG is acting as a licensed distributor on behalf of its Data Supplier, and is not acting as a partner or agent of its Data Supplier.
2.2. The End User may only use the Supplier Data for the following purposes (“Permitted Purpose”):
(a) authentication of an address;
(b) fraud prevention;
(c) compliance with applicable anti-money laundering legislation;
(d) law enforcement;
(e) processing of an individual’s application for a license;
(f) seeking permission or accreditation from an organization;
(g) searching verification and validation of Client Information; and
(h) batch validation and verification of Client Information.
2.3. The End User must not under any circumstances use the Supplier Data for the purpose of:
(a) populating or enhancing Client Information; or
(b) marketing or related activity.
2.4. The End User may only use the Supplier Data for the benefit of companies working within the UK gas and electricity industry including those working to support the production, generation, transmission, distribution, supply and metering of gas and/or electricity (a “Utility Company”). This shall also include, End Users carrying out services on behalf of a Utility Company; End Users providing services to a Utility Company as a channel partner; or an End User operating a price comparison or switching website in connection with the supply of gas and electricity in the UK.

3. END USER OBLIGATIONS
3.1. The Data Supplier has mandated that an End User must not export the Supplier Data or Derived Data to any country, which is not a member state of the European Union, unless express permission has been sought and granted by GBG, (acting on behalf of the Data Supplier).
3.2. Where the End User is acting as a channel partner of GBG Services, the End User must:
(a) notify GBG of all new licenses or provision of the Service;
(b) not sub-licence to a third party that is not a Utility Company.
(c) within 10 working days of the end of the month, provide reports containing details of all new licenses or provision of the Service, the format of which shall be approved by the Data Supplier and communicated to the End User by GBG, which shall as a minimum include a unique identifier of each licensee, the type of license taken by each licensee and the terms upon which the license is granted to each licensee, together with any information as may be reasonably requested by the Data Supplier;
(d) acknowledge and accept that GBG have the rights to appoint an auditor during normal working hours to examine the End User’s books or records which relate to the license fees charged in respect of the Service;
(e) not further sub-licence to third parties the licence granted to the End User;
(f) acknowledge and accept that the Supplier Data contains copyright and Confidential Information belonging to the Data Supplier and its licensors;
(g) ensure that any grant of license to a third party shall be in writing and include as minimum the following:
(i) acknowledgement by the third party that the Supplier Data contains copyright and Confidential Information belonging to GBG’s Data Supplier, or their licensors and agreement by the third party to keep such Supplier Data and Derived Data confidential and secure;
(ii) agreement that the third party shall have no recourse against GBG’s Data Supplier for any claim, losses or expenses arising from their use of the Supplier Data;
(iii) except where the third party is a value added reseller, the licences granted to such third party may not be sub-licensed by the third party to other parties;
(iv) any licence to use the Supplier Data shall be for a one year term, renewable upon expiry of this Agreement. In addition, GBG shall have the right to terminate such licence if it’s agreement with the Data Supplier is terminated; and
(v) agreement by the third party that to the extent permitted by law, GBG’s Data Supplier may enforce the obligations in sub-Clauses (i) to (v) against the third party directly. Such right of enforcement shall not be contractually excluded in the agreement with a third party.

4. DATA PROTECTION AND COMPLIANCE WITH LAWS
4.1 GBG does not use Sub-processors to provide this element of the Service as the Supplier Data is hosted by GBG

5. LIABILITY
5.1. GBG’s entire liability (save for death or personal injury resulting from GBG’s negligence, for which GBG’s liability shall be unlimited) to the End User in respect of the Supplier Data howsoever arising out of or in connection with the Supplier Data shall be limited to an amount equal to the aggregate of the Charges paid to GBG by the End User in the 12 months immediately preceding the date at which any liability may arise.
5.2. The Data Supplier shall have no direct liability to the End User in respect of the use of the Supplier Data.

6. TERMINATION
6.1. Notwithstanding the termination provisions between GBG and the End User in the General Terms, under the terms of GBG’s agreement with the Data Supplier, the supply of the Supplier Data can be terminated in the event that the Data Supplier is no longer able to provide the Supplier Data to GBG. GBG will use reasonable endeavours to find an alternative supplier on the same or similar commercial terms. In the event that GBG is unable to find an alternative at an acceptable cost to both Parties, either Party may terminate this part of the Service.