0529 International Email Validation V3 | ID NUMBER 201853
• The Data Supplier hosts the Supplier Data
• The Data Supplier is a Sub-processor of Client Information
• Client Information includes Personal Data
• The Data Supplier is located in the United Kingdom with processing in the EEA and the option of processing in the United States of America.
• GBG has an arrangement in place with the Data Supplier to maintain appropriate safeguards
The Supplier Data used to provide Email Validation V3 is obtained from GBG’s Data Supplier, Mailjet SaaS Ltd. GBG is obliged under the terms of its agreement with its Data Supplier to ensure that all Clients 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:
“Permitted Purpose” means to use the email address verification service for the Client’s own internal business purposes.
"Standard Contractual Clauses" means: (i) where the EU GDPR applies, the contractual clauses annexed to the European Commission's Implementing Decision 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council ("EU SCCs"); and (ii) where the UK GDPR applies, standard data protection clauses in the form of the International Data Transfer Addendum to the EU Commission Standard Contractual Clauses adopted pursuant to or permitted under Article 46 of the UK GDPR ("UK SCCs").
2. USE OF THE SERVICE
2.1. The Client may only use email address validation for the Permitted Purpose in accordance with these terms.
2.2. The Client shall not use the Supplier Data for the generation of an address or a compilation of addresses for the sending of mail unless the Client 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.
2.3. The Client 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 Data Supplier of any of the Data Supplier’s Services, networks, platforms, group companies or customers;
d. Interfering with or otherwise adversely impacting any aspect of the Services, the Data Supplier’s overall business and operations, or any third party or the Data 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.
2.5. The Client shall not promote the following activities or send content, whether permitted by law or not, that includes but is not limited to the following:
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 Client’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.
2.6. The Client may not use the Services to: (i) verify the email addresses of any person who has not affirmatively consented (i.e. opted in) to, or who has expressly opted-out from receiving email communications; (ii) to validate email addresses that were purchased, rented or similarly obtained from a third party (i.e. third party email lists); or (iii) to harvest or generate email addresses or otherwise determine the existence of unknown email addresses.
2.7. The Client warrants that it will not use the Dataset for any reason outside the Permitted Purpose.
3. EXCLUSION OF WARRANTIES AND LIABILITY
3.1. The Supplier Data and Services are provided on an “as is” and “as-available” basis. GBG and the Data Supplier and their respective service providers, officers, directors, employees, contractors, affiliates, suppliers or agents disclaim any and all warranties not expressly stated in the Agreement to the maximum extent permitted by law including implied warranties such as merchantability, satisfactory quality or fitness for a particular purpose.
3.2. Notwithstanding anything in the Agreement to the contrary, and to the extent permitted by law, except for GBG and the Data Supplier’s gross negligence or wilful misconduct, the Data Supplier’s and GBG’s maximum monetary liability for any damages stemming from its data protection obligations 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).
3.3. If the Data Supplier or GBG, including their respective service providers, officers, directors, employees, contractors, affiliates, suppliers and agents (“the Indemnitees”) is faced with a legal claim by a third party arising out of the Client’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 Client 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.
4. SUSPENSION OF SERVICES
4.1. The Data Supplier and/or GBG may suspend the Services (in whole or in part) without liability if: (i) the Data Supplier and/or GBG determines that the Services are being used in violation of the Agreement; (ii) the Services are accessed or manipulated by the Client without GBG’s consent, or (iii) the Data Supplier and/or GBG is required by law or regulatory or government body to suspend the Services. Accordingly, any suspension of the Services by the Data Supplier will result in GBG suspending the Services to the Client.
5. DATA PROTECTION AND COMPLIANCE WITH RELEVANT LAWS
5.1. In order to perform the Services, the Data Supplier shall receive and process Client Information as a processor appointed by GBG in its capacity as an independent controller for the sole purpose of delivering this Dataset.
5.2. The Data Supplier is located in the United Kingdom with processing in the EEA and the option of processing in the United States of America.
5.3. GBG has entered into the Standard Contractual Clauses with the Data Supplier to ensure safe onward transit of Client Information to the United States of America.