ADDRESSBASE CORE – DATA COMPONENTS (PUBLIC SECTOR) | ID NUMBER 201301
• GBG hosts the Supplier Data.
• No personal data is transferred to the Supplier.
The Supplier Data used to provide Addressbase Core – Data Components (Public Sector) is supplied by GBG’s Supplier, Ordnance Survey. GBG is obliged under the terms of its agreement with its 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 and Product Terms:
“Address Record” means an individual UPRN together with all attribution associated with that UPRN within the Dataset.
“Customer Created Analytics Data” means the Data created by the End User using the Supplier Data to provide analysis or an answer in response to a query, provided that the Data created by the End User (a) does not copy the Supplier Data and (b) can be used independently of the Supplier Data. Examples can be found on the Website.
“Data Component Solutions” means the Datasets created or obtained by GBG and containing in part only or utilising in whole or in part the Supplier Data in their creation, in each case together with additional information not obtained from any Supplier Data which is a fundamental component of the purpose of GBG product and/or service. Such Data Component solutions shall comprise Address Records.
“DC Supplier Data” means the Supplier Data within the Data Component solution (which, for the avoidance of doubt, includes any of the Supplier Intellectual Property Rights in any Data created using the Supplier 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
“Excluded Bodies” means: a) any body whose geographic remit is wholly or mainly in Northern Ireland; b) save where Cabinet Office and the Supplier otherwise agree, any public or private limited company (including but not limited to whether limited by shares or guarantee); c) any Private Registered Provider of Social Housing, which shall have the meaning ascribed thereto in section 80 of the Housing and Regeneration Act 2008; d) any registered social landlord within the meaning of Part 2 of the Housing (Scotland) Act 2010; and e) any other body as may be agreed by the Supplier and Cabinet Office from time to time.
“Infrastructure Body” means: a) a body which falls within the definition of ‘utility’ in Regulation 2 of the Utilities Contracts Regulations 2006 or Regulation 2 of the Utilities Contracts (Scotland) Regulations 2006; or b) a body which is a provider of a ‘Public Electronic Communications Network’ as defined in the General Conditions of Entitlement set by the Office of Communications under section 45 of the Communications Act 2003; or c) a body which operates a buried pipe-line or pipe-line network in Great Britain where, for the purposes of this definition, ‘pipe-line’ has the meaning given to it in section 65 of the Pipe-lines Act 1962; or d) any other entity as may be agreed by the Supplier and Cabinet Office from time to time as being an infrastructure body, as published on the Website.
“Permitted Purpose” means the purposes outlined by the Supplier for which the Dataset may be used as set out in clauses 2.2 to 2.12 and clause 6 below as applicable to the End User in addition to the Customer Use Case set out in the Agreement and at clause 2.1.
“PSGA Members Licence” means the licence which made available to Public Bodies at the following link: https://www.ordnancesurvey.co.uk/documents/licensing/psga-member-licence.pdf.
“Public Body” means: a) a body which falls within the definition of ‘contracting authority’ in Regulation 2(1) of the Public Contracts Regulations 2015 or Regulation 2(1) of the Public Contracts (Scotland) Regulations 2015, excluding any Infrastructure Body; and/or b) a Council constituted pursuant to section 2 of the Local Government etc. (Scotland) Act 1994; and/or c) any other entity as may be agreed by the Supplier and Cabinet Office from time to time as being a public body, as published on the Website, in each case excluding the Excluded Bodies.
“Sharing Party” means the Public Body or Infrastructure Body (as applicable) supplying DC Supplier Data or to whom DC Supplier Data is supplied, in accordance with clause 2.10.
“UPRN” means a Unique Property Reference Number, a unique identifier for every addressable location in Great Britain.
“Website” means https://www.ordnancesurvey.co.uk/
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 restriction set out in the Agreement:
• Data Quality
2.2. In addition to the Customer Use Case restrictions contained within clause 2.1 (including any conditions that apply to that Customer Use Case) the following terms set out in clauses 2.3-2.12 also apply.
2.3. Without prejudice to clauses 3.1 and 4.1, the End User may only use the Supplier Data for business use and limited external use.
2.4. Business use means the use of Supplier Data solely for the internal administration and operation of the End User’s business. The business use does not entitle the End User to make available or to provide the Supplier Data to third parties.
2.5. The limited external use means the use of the Supplier Data:
(a) to promote or further the End User’s own business to demonstrate one or more of the following:
(i) the location of the premises and static assets which the End User owns, leases or manages;
(ii) the location of a bespoke event organised by the End User up to and for the duration of the event;
(iii) directions or routes (which are not specific to any particular customer or third party) to the premises or static assets in clause 2.5.(a)(i) or event in clause 2.5.(a)(ii);
(iv) the scope of the End User’s area of operation;
(b) to report on the End User’s own business by including location data in:
(i) an annual report on the affairs of the End User’s business or for accounting purposes, in each case produced to comply with a statutory obligation (including, without limitation, section 415 of the Companies Act 2006); and/or
(ii) a report to be submitted to a regulatory body to which the End User is subject in order to meet that regulatory body’s requirements; and/or
(c) in connection with the End User’s professional services but solely in the following ways, either:
(i) to include location data within any professional services provided by the End User to its clients, such location data only to be used (in the case of a business client) for the internal administration and operation of such client’s business; or
(ii) to include location data in an advertisement in respect of the sale or letting of a property which is owned or leased by any of the End User’s clients provided that any such advertisement may only be published either:
a. in a periodical published in paper format by a third party provided that any map contained in the End User’s advertisement may not feature in any electronic reproduction of such periodical which is published on the internet or in any other format;
b. in paper format within the End User’s own publication; or
c. in electronic format on the End User’s own website,
and for the avoidance of doubt, this clause 2.5.(c)(ii) does not permit the End User to publish any location data generated by the Supplier Data on any third-party website.
2.6. The limited external use is subject to the following conditions:
(a) any location data generated in accordance with clause 2.5 shall not comprise:
(i) a service or product in itself; or
(ii) a significant part of any product or service offered by the End User; or
(iii) a service or product (or significant part of any product or service) provided on behalf of a third-party;
(b) the location data shall be in a raster format and the End User shall use its reasonable endeavors to prevent third parties from being able to edit the location data or from extracting the Supplier Data from the location data;
(c) the End User shall display additional information on or with the location data, which information facilitates the purposes in clause 2.5.; and
(d) the End User shall not receive any direct payment, credit or money’s worth as a result of allowing third parties to access, view or use the location data but, for location data generated in accordance with clause 2.5.(a), the End User shall be entitled to use the location data in conjunction with advertisements that are not illegal, deceptive, misleading, unethical or detrimental to the reputation of GBG and the Supplier.
2.7. The Supplier Data can be used for the Permitted Purpose by the End User’s contractors and agents when undertaking any activity for the End User which the End User is permitted to undertake itself under these Additional Terms, the General Terms and the Product Terms and the Agreement but solely and explicitly to provide the Supplier Data for the purpose of enabling them to provide goods or services to the End User or to tender for the provision of such goods or services. The End User must require such contractor or agent to sign an agreement, which contains terms no less onerous than those contained within these Additional Terms, the General Terms and the Product Terms. For the avoidance of doubt, the supply of Supplier Data to the End User for provision to third parties as specified in this clause 2.7 is given on the basis that the End User remains responsible and primarily liable to GBG or its Supplier for the acts and omissions of such contractors and agents.
2.8. Permitted use of the Supplier Data does not extend to the use of the Supplier Data:
(a) by any associated undertaking of the End User, including associated, subsidiary, affiliated, holding or any parent or group companies or any other undertaking (save to the extent such associated undertaking is acting as a contractor or agent providing services pursuant to clause 2.7); or
(b) save in the case of contractors and agents providing services pursuant to clause 2.7, whether the Supplier Data are used on their own or in combination with any products or services of the End User, if the End User receives any revenue or credit for the publication or use of the Supplier Data in any format.
2.9. Where the End User is an Infrastructure Body, the End User may only use the Supplier Data for business use, limited external use, statutory use and Public and Infrastructure Data Sharing. The business use and limited external use are subject to the conditions set out in clause 2 of these Additional Terms.
2.10. The statutory use is the use of the Supplier Data solely to satisfy an express written obligation imposed by a formal written enactment of a legislative authority that governs the United Kingdom of Great Britain and Northern Ireland, Scotland, Wales, and/or Northern Ireland to which the End User is subject which requires the use of the Supplier Data to meet that obligation but only to the extent required by that obligation (a “Relevant Enactment”). The statutory use is subject to the following conditions:
(a) the conditions set out in clauses 2.6.(b), 2.6.(c) and 2.6.(d) of these Additional Terms;
(b) the End User shall maintain a written record of its statutory use and upon written request shall provide a copy of that written record to GBG, that is entitled to disclose it to the Supplier; and
(c) the End User shall not receive any direct or indirect payment, credit or money’s worth for the statutory use other than any charge which it is entitled to impose in accordance with the Relevant Enactment.
2.11. The Public and Infrastructure Data Sharing is the supply to an Infrastructure Body or Public Body and receipt from an Infrastructure Body of copies of DC Supplier Data. The Public and Infrastructure Data Sharing is subject to the following conditions:
(a) the End User must be licensed for business use or public sector use for the same – as the Sharing Party – area of coverage of the same Data Component solution being supplied and/or received;
(b) the End User shall obtain written confirmation from the Sharing Party to whom it is supplying DC Supplier Data that the Sharing Party is licensed for business use or public sector use (as set out in clause 2.12), for the same area of coverage of the same Data Component solution being supplied;
(c) the use of the DC Supplier Data received by the End User from an Infrastructure Body shall be governed by the End User’s sub-licence for that Data Component solution;
(d) the End User shall maintain a written record of: a) the names and addresses of the Sharing Parties from whom it has received or to whom it has supplied the DC Supplier Data; b) the DC Supplier Data which was received by it from and/or supplied by it to the Sharing Parties; and c) when the DC Supplier Data was received by it from and/or supplied by it to the Sharing Parties;
(e) the End User shall not receive any direct or indirect payment, credit or money’s worth for the supply of the DC Supplier Data to a Sharing Party; and
(f) upon written request, the End User shall provide a copy of the written record set out in clause 2.11.(d) to GBG, that is entitled to disclose it to the Supplier.
2.12. Where the End User is a Public Body, the End User may only use the Supplier Data for business use and public sector use. The business use is subject to the conditions set out in clause 2 of these Additional Terms and any public sector use is subject to the terms set out in paragraph 4 of Appendix 1 of the PSGA Members Licence.
2.13. The End User warrants that it will not use the Dataset for any reason outside of the Customer Use Case and Permitted Purpose.
3. INTELLECTUAL PROPERTY RIGHTS
3.1. The End User assigns all the Intellectual Property Rights in the Customer Created Analytics Data to the Supplier to the extent it was created using the Supplier Data.
3.2. The End User is granted the right to a royalty free licence to use the Customer Created Analytics Data for the Permitted Purpose and to retain it in perpetuity solely for the Permitted Purpose without prejudice to clause 3.5.
3.3. The End User acknowledges the copyright and the source of the Customer Created Analytics Data by including the following attribution statement: © Crown copyright [and database rights] [insert year] OS [licence number].
3.4. The End User shall include the same acknowledgement requirement in any sub licences of the Customer Created Analytics Data that they grant, and a requirement that any further sub-licences do the same.
3.5. If the End User breaches any provision of this clause, the licence granted in clause 3.1 shall immediately terminate.
3.6. The End User shall indemnify and keep GBG and the Supplier indemnified from and against all costs, expenses, damages, losses or liabilities incurred or suffered by GBG or the Supplier arising out of any third party dispute or claim in connection with the Customer Created Analytics Data (including, without limitation, any product liability claim).
4. LIABILITY
4.1. The Supplier shall have no liability to the End User (nor to the Sharing Party) in respect of the Supplier Data, the Customer created Analytics Data or these Additional Terms.
4.2. The Supplier has the right to directly enforce these terms pursuant to the Contracts (Rights of Third Parties) Act 1999.
5. DATA PROTECTION AND COMPLIANCE WITH RELEVANT LAWS
5.1. GBG does not transfer End User Data to the Supplier to provide this Dataset.
6. MISCELLANEOUS
6.1. The Dataset contains Intellectual Property Rights owned, in part, by Royal Mail. Accordingly, the Dataset is subject to the additional specific terms set out in the Royal Mail PAF Solutions Provider Licence: https://www.poweredbypaf.com/licence-our-products/licence-agreements/solutions-providers/.
6.2. The terms of Royal Mail PAF Solutions Provider Licence are incorporated to these Additional Terms by reference.
6.3. GBG excludes all liability with the End User in relation to such licence.
6.4. Where there is any conflict between the terms of the Royal Mail PAF Solutions Provider Licence and the terms of the Agreement (including these Additional Terms and the Product Terms), the Royal Mail PAF Solutions Provider Licence shall take precedence.