EES & GES (ENERGY SUPPLIER) | ID NUMBERS 201534, 201536

EES (ENERGY SUPPLIER) | ID NUMBER 201534
GES (ENERGY SUPPLIER) | ID NUMBER 201536

● The Supplier hosts the Supplier Data
● Supplier receives and processes End User Data in its capacity as an independent controller.
● End User Data may include personal data
● The United Kingdom is deemed to offer an adequate level of data protection by the European Commission.
● The Supplier is based in the United Kingdom

The Supplier Data used to provide these Datasets is provided by GBG’s Supplier, Retail Energy Code Company Limited (“RECCo” or “Supplier”).

The End User has entered into an accession agreement with RECCo in respect of its access to the Supplier Data and the Enquiry Service as defined below (“Accession Agreement”).

It is agreed that GBG is to act as representative of the End User in respect of the End User’s access to the Enquiry Service. It is a requirement of RECCo that GBG complies with the provisions of the Accession Agreement between the End User and RECCo, as is applicable to GBG acting as a representative of the End User (as more particularly described below).

By signing the Order Form, the End User authorises GBG to act as its representative in respect of access to the Supplier Data and the Enquiry Service.

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. All italicised definitions are further defined in the Retail Energy Code (as updated from time to time).
“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.
“Energy Supplier” means a person which is either or both an Electricity Supplier and / or a Gas Supplier pursuant to the Retail Energy Code.
“Enquiry Service” means one of the Gas Enquiry Service (for Gas) or the Electricity Enquiry Service (for Electricity) (each as defined in the Retail Energy Code);
“Enquiry Service Data” means the Supplier Data accessed via the Gas Enquiry Service or the Electricity Enquiry Service;
“MPL Address” means the address (or other special reference) of a Supply Meter Point’s or Metering Points Location, as created and maintained by the Gas Transporter or Distribution Network Operator (as applicable) for that Supply Meter Point or Metering Point
“MPRN” means the unique reference number used to identify gas Supply Meter Points;
“MPAN” means the unique reference number used to identify electricity Metering Points;
“MPxNs” means MPRN’s and MPAN’s;
“OS ABP” means the Ordnance Survey AddressBase Premium database which incorporates a British Standard (BS7666) compliant address database;
“Ordnance Survey” means the national mapping agency for Great Britain;
“Permitted Purpose” means the purposes, restrictions and / or conditions for the use of the Dataset outlined by RECCo as set out in clause 2.2 -2.6 below, in addition to the Customer Use Case set out in the Agreement and at clause 2.1.
“Retail Energy Code” means the Retail Energy Code, including its Schedules and Technical Specification (as defined within), maintained pursuant to the electricity supply licences and granted under the Electricity Act 1989 and the gas supply licences granted under the Gas Act 1986, as such code is modified from time to time in accordance with its provisions.
“RMP” means a Supply Meter Point or Metering Point;
“Registration Service” means the component of the Central Switching Service which records switching operational data and manages Switches as further defined and described in the Retail Energy Code;
“Registered Supplier” means in respect of an RMP and at any time, the Energy Supplier recorded against that RMP in the Central Switching Service at that time when an Active or Secured Inactive Registration Status or in respect of a period of time the Energy Supplier that had, has or will have an Active or Secured Inactive Registration Status in respect of that RMP during that period.
“REL Address” means the address (or other spatial reference) of each Retail Energy Location, as created and maintained by the CSS Provider;

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 Order Form of the End User pursuant to the Agreement and the End User complies with any Use Case restrictions set out in the Agreement:
● Utilities – Energy Supplier
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- 2.7 also apply.
2.3. The Supplier Data / Enquiry Service is to be accessed by GBG in the provision of this Dataset as a representative of the End User, using the licence key (User credentials) provided to the End User by RECCo (“Energy Supplier Access Key”).
2.4. It is acknowledged and agreed that the provision of this Dataset and the Enquiry Service to the End User by GBG shall be governed by the terms and conditions within the Retail Energy Code that are applicable to GBG acting in its capacity as the End User’s representative and being a TPI Service Provider under the Retail Energy Code. In this regard GBG warrants that it will comply with the following provisions of the Retail Energy Code: The Data Access Schedule (Schedule 12), in particular paragraphs 5, 11 and 12, and the following clauses of the Main Body of the Retail Energy Code: 13 (Intellectual Property); 18 (Confidentiality); 19 (Data Protection) and 14 (Limitation of Liability) and with the obligations as set out in the Agreement
2.5. The End User warrants that it will comply with all terms and conditions of its Accession Agreement and all applicable provisions of the Energy Retail Code and the specific purpose for which it is authorised by RECCo to access the Enquiry Service and the Enquiry Service Data as an Energy Supplier.
2.6. The End User acknowledges and agrees that:
a) the data items that each Enquiry Service User can access is set out in the Data Access Matrix which may be amended from time to time and updated on the Retail Energy Code portal;
b) the REL Address is stored within the Central Switching Service and includes a standardised address which is synchronised to the Enquiry Service to help facilitate the identification of the correct MPxNs for the purposes of Switching;
c) when an address is supplied to the Central Switching Service a comparison is made between the MPL and the OS ABP. Addresses matched to the OS ABP and returned to the Registration Service will form the REL Address (by re-purposing the UPRN). The REL Address may also be formed where there is no match to the OS ABP by using a local UPRN and retuning a REL type of MPL;
d) all Intellectual Property Rights in the REL Address are owned by and vest in Ordnance Survey and accordingly the End User is not permitted to retain a copy of the REL Address unless it has obtained the prior written consent of Ordnance Survey or maintains and complies in all respects with an appropriate and sufficient OS ABP licence and has provided GBG with satisfactory evidence of the same.
e) No REL Address information may be displayed on a public facing website unless the prior written consent of Ordnance Survey has been obtained.
2.7. The End User warrants that it will not use the Dataset or the Supplier Data (Enquiry Service Data) outside the Customer Use Case or Permitted Purpose or exploit the Intellectual Property Rights in the Dataset or permit others to do so.

3. DATA PROTECTION AND COMPLIANCE WITH RELEVANT LAWS
3.1. The Supplier Data used to provide the End User with this Dataset is hosted by the Supplier. The Supplier is based in the United Kingdom. In order to deliver the Dataset, the Supplier shall receive and process End User Data in its capacity as an independent controller.
3.2. The United Kingdom is deemed to offer an adequate level of data protection for personal data by the European Commission, therefore the Parties acknowledge that End User Data can be safely transferred to RECCo for processing without further data export safeguards.
3.3. It is acknowledged and agreed that as data is linked to the MPxN’s of a property pursuant to the provision of the Enquiry Service, the Enquiry Service Data is likely to constitute personally identifiable data according to applicable Data Privacy Laws even where the name of the individuals or individual is not known. As such the End User will be required to identify a lawful basis before using the Dataset and the Enquiry Service Data, to obtain personally identifiable data. Without limiting any other basis for processing which may be available, the End User agrees that in any case where information to be disclosed by it pursuant to this Dataset and the Enquiry Service Data, may lawfully be disclosed only with the prior consent of the person to whom the information relates, it will obtain such prior valid consent so as to enable it to lawfully disclose the information.