• GBG hosts the Supplier Data
• No Sub-processors used

The Supplier Data that GBG uses to provide Non-financial Appending Data 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. These terms apply to all Non-Financial Appending checks. Individual Non-Financial Appending checks are identified by an ID Number on the End User’s Order Form.

1. DEFINITIONS
1.1. In these Additional Terms, the following definitions shall apply, in addition to the definitions set out in the General Terms:
“Deliverables” means a list of customer names and addresses derived from the Service, an Enhanced End User Database, and/or a Profile, which is applicable, produced by the Service using the Supplier Data.

“End User Database” means the database compiled by the End User.
“Enhanced Client Database” means an End User Database enhanced by the Supplier Data.
“List” means any list of customer names and addresses derived from the Supplier Data.
“Permitted Purpose” means use of the Supplier Data solely for analysing customer data and generating deliverables such as lists of names and addresses.
“Profile” means a profile of the individuals listed in an Enhanced End User Database indicating the percentage of those individuals falling within each of the classifications within any Supplier Data. The purpose of producing a Profile is to assist the End User to understand who its customers are.
“Supplier Data” means name and address data provided by the Data Supplier, which is the subject of these terms.

2. USE OF THE SERVICE
2.1. The Supplier Data may only be used for the Permitted Purpose in accordance with these terms.
2.2. The End User warrants that it will not:

a) use the Supplier Data for any reason outside of the Permitted Purpose;
b) copy or modify the Supplier Data to create a derivative work based on the search results or develop products and/or services that compete with the Data Supplier’s;
c) make the Supplier Data or information available to any third party, including a parent, subsidiary or associated company.

2.3. The Supplier Data is supplied on an “as is” basis and any classifications within the Supplier Data reflect statistical probabilities only. As such, no warranties of any kind are given with regard to the Supplier Data or its accuracy, and no guarantee can be given in relation to a particular outcome arising from use of the Supplier Data.
2.4. The End User acknowledges that accuracy of any Personal Data included within the Supplier Data, in particular as a result of individuals no longer residing at a particular address, will deteriorate over time. The End User must comply with the Privacy and Data Protection Requirements and the Direct Marketing Code of Practice, in relation to the maintenance and use of Personal Data.
2.5. The End User acknowledges and agrees that the Data Supplier reserves the right to make changes, modifications or enhancements to the Supplier Data during the term of its agreement with GBG and as such GBG may need to change, modify or enhance the Supplier Data as a result.
2.6. If the End User becomes aware of any material breach of these terms, it will at its expense take commercially reasonable correction action (including without limitation such injunctive or other equitable relief as may be necessary) to ensure the End User remedies its breach and/or ceases to be in breach, and shall where appropriate notify GBG in writing of the breach and corrective action taken.
2.7. The End User acknowledges and agrees with the following:

a) Any proprietary rights in any Supplier Data shall remain vested in the Data Supplier and its third party licensors;
b) Each End User is under a contractual obligation of confidentiality with respect to any Supplier Data or product incorporated within the Service delivered by GBG;
c) The End User shall not generate a List that consists of more than 40% of the names and addresses supplied by the Data Supplier as part of the Supplier Data;
d) The End User shall not send to any individual whose contact details are included in the Supplier Data any commercial communication that:

i) is incorrect, misleading or misrepresentative of the truth;
ii) contravenes any codes of practice regarding advertising and sales promotion;
iii) is defamatory, obscene, pornographic, inflammatory, political, racist, sexist, indecent or contains religious material seeking to convert;
iv) contravenes any legislation; or
v) contains anything which infringes or is alleged to infringe the intellectual property rights of a third party.

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