IP RISKS & INSIGHTS| ID NUMBER 201765

  • GBG's wholly owned subsidiary ("GBG's Subsidiary") Supplier (“Supplier”) hosts the Supplier Data
  • GBG's Subsidiary and the Supplier receive and process the End User Data
  • The End User Data includes personal data
  • GBG's Subsidiary processes the End User Data in the EEA
  • The Supplier processes the End User Data in the United States
  • The Supplier is based outside of the EEA and the United Kingdom
  • The Supplier has an arrangement in place with GBG's Subsidiary to maintain appropriate safeguards

The Supplier Data used to provide Compliance Platform - IP Risks & Insights Dataset is supplied by the Supplier, MaxMind Inc (“MaxMind”). GBG is obliged to ensure that all End Users agree 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:


“BIN Databases” means the databases that are compiled and maintained by MaxMind and that list bank identification numbers and information (e.g. bank name, bank customer service number) associated with those specific bank identification numbers. Data available through the BIN Databases is referred to herein as the “BIN Data".

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.

GeolP Databases” means a line of database services and products that are provided by MaxMind and that provide the geographic information and other data associated with specific Internet protocol addresses. Data available through the GeoIP Databases is referred to herein as the "GeoIP Data".

minFraud Service” means a service offered by MaxMind, uses data from the GeoIP Databases. Open Proxy Databases, and BIN Databases combined with recognized fraud risks to help merchants identify potentially fraudulent online transactions.

Open Proxy Databases” refer to a data service that is provided by MaxMind and that provides open proxy information about IP addresses. Data available through the Open Proxy Databases is referred to herein as the "Open Proxy Data".

Permitted Purpose” means the purposes, restrictions and or conditions for use of the Dataset outlined by the Supplier in clauses 2.3-2.6 in addition to the Customer User Case set out in the Agreement and clause 2.1.

Query” means an operation that occurs each time a user receives information through the minFraud Service.

"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 DATASET

2.1. This Dataset may only be used for the Customer Use Cases detailed below, provided that such Customer Use Case is selected on the End User's Order Form and the End User complies with any use case restrictions set out in the Agreement:

  • ID Verification – Fraud
  • ID Verification – Regulatory

2.2. The End User may not nor may knowingly permit others to use the minFraud Service in any way that violates federal, state, local, international law or the rights of others.

2.3. The End User may submit data to the minFraud Service only for the purposes of (i) testing the minFraud Service; (ii) validating credit card transactions, other transactions for online and e-commerce payments, credit card applications, and user and account registrations for online forums and services offered by the End User (each an “Online Transaction” and collectively, “Online Transactions”); and (iii) other similar business purposes.

2.4. Unacceptable uses of the minFraud Service include, but are not limited to, the following: (i) submitting Queries designed to extract information from the GeolP Databases or the BIN Databases, if such information is not specifically to be used for the validation of an Online Transaction; (ii) submitting false or fictitious input fields, including but not limited to, internet protocol address, bin number, and billing location (except for the limited purpose of testing the minFraud Service); (iii) using a robot, spider, other automatic device, or manual process to monitor or copy the GeolP Databases, GeolIP Data, BIN Databases, or BIN Data; (iv) building or storing derivative databases based on the information provided by the minFraud Service; or (v) taking any action designed to compromise security or tamper with system resources and/or accounts.

2.5. The End User understands and agrees that MaxMind is not a consumer-reporting agency as defined by the Fair Credit Reporting Act, 15 U.S.C. $1681 et seq) ("FCRA"), and that the minFraud Service provided to the End User does not constitute “Consumer Reports,” as defined in the FCRA. The End User agrees that it will not use the minFraud Service to determine any consumer's eligibility for any product or service to be used by a consumer for personal, family or household purposes. The End User will not use the minFraud Service in whole or in part (i) as a factor in establishing a consumer's eligibility for credit, (i) as a factor in establishing a consumer's eligibility for insurance, (iii) for employment purposes, (iv) in connection with a determination of an individual's eligibility for a license or other benefit granted by a governmental authority, or (v) in connection with any permissible purpose as defined by the FCRA. Any use of the minFraud Service by the End User in violation of this paragraph shall also constitute an unacceptable use.

2.6. For credit card and debit card transactions, the End User is required to submit the following standard input fields as part of the Query: (i) internet protocol address of the customer that is making the purchase and (ii) the city, region, country, and postal code fields of the customer's billing address.

2.7. The End User warrants that it will not use this Dataset for any reason outside of the Customer Use Case and the Permitted Purpose.

3. INTELLECTUAL PROPERTY RIGHTS

3.1. GBG and/or its licensors retain all of their Intellectual Property Rights in the minFraud Service, the GeolP Databases, the GeoIP Data, the BIN Databases, and BIN Data, the Open Proxy Databases, and Open Proxy Data, and no title to such Intellectual Property Rights is transferred to the End User.

3.2. The End User acknowledges and agrees that the GeolP Databases, the GeolP Data, the BIN Databases, BIN Data, Open Proxy Databases, and Open Proxy Data contained in the minFraud service constitute the proprietary trade secrets of MaxMind.

4. WARRANTIES AND LIABILITY

4.1. MaxMind makes no warranty to the End User in connection with the minFraud Service, and MaxMind expressly disclaims any implied warranties of merchantability or fitness for a particular purpose. MaxMind shall not be liable to the End User for any indirect, consequential, incidental or special damages arising out of the use or license of the minFraud Service, regardless of the theory of liability (including negligence and strict liability).

5. DATA PROTECTION AND COMPLIANCE WITH RELEVANT LAWS

5.1. The Supplier Data used to provide you with this Dataset is hosted by the Supplier.

5.2. Notwithstanding the standard data protection provisions between GBG and the End User in the General Terms, the End User acknowledges and accepts that GBG shall act as a data processor in relation to the End User Data provided to GBG for this element of the Service, and the processing provisions set out in the relevant clauses of the Agreement shall apply.

5.3. The End User appoints GBG as a processor to process the End User Data for the purposes of delivering the Dataset to the End User.

5.4. In order to deliver the Dataset, GBG's Subsidiary shall receive and process the End User Data as an independent controller appointed by GBG. GBG’s Subsidiary processes the End User Data in the EEA.

5.5. In order to deliver the Dataset, the Supplier shall receive and process the End User Data as an independent controller appointed by GBG's Subsidiary. The Supplier processes the End User Data in the United States.

5.6. GBG’s Subsidiary has entered into Standard Contractual Clauses with the Supplier to ensure safe onward transit of the End User Data.

6. THIRD-PARTY RIGHTS

6.1. MaxMind shall have the right to enforce these Additional Terms against the End User.

6.2. The End User understands and agrees that it is not a third-party beneficiary to any licensing agreement or arrangement between MaxMind and GBG or its licensor.

7. SUSPENSION AND TERMINATION

7.1. An inappropriate use of the minFraud Service by the End User may result in the immediate restriction, suspension, or termination of the End User's access to and use of the minFraud Service.