EES (THIRD PARTY INTERMEDIARY) | ID NUMBERS: 201535
GES (THIRD PARTY INTERMEDIARY) | ID NUMBERS: 201537

• 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 Supplier is based in the United Kingdom
• The United Kingdom is deemed to offer an adequate level of data protection by the European Commission

The Supplier Data used to provide these Datasets and the Enquiry Service is provided by GBG’s Supplier, Retail Energy Code Company Limited (“RECCo” or “Supplier”). GBG is obliged under the terms of its agreement with the Supplier 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. All italicised definitions are further defined in the Retail Energy Code (as updated from time to time).
“Address Management Service” means the component of the Central Switching Service which undertakes activities to identify and maintain a matching REL Address for each RMP;
“Central Switching Service” means the Systems and processes provided or procured by the CSS Provider for the purpose of providing the Address Management Service and the Registration Service;
“Consumer” means any person supplied (or seeking supply) of energy (gas or electricity) at an RMP (whether or not that person also exports or is seeking to export electricity at an RMP)
“CSS Provider” means the person holding the licences granted under section 6 (1A) of the Electricity Act and section 7AB (2) of the Gas Act.
“Data Access Matrix” means the matrix describing which Enquiry Service Data each Enquiry Service User Category can access;
“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.
“Enquiry Service” means one of the Gas Enquiry Service (for Gas) or the Electricity Enquiry Service (for Electricity) as applicable;
“Enquiry Service Data” means the Supplier Data accessed via the Gas Enquiry Service or the Electricity Enquiry Service as applicable;
“Enquiry Service User” means a Party or Non-Party REC Service User which is entitled to use the Enquiry Service and Enquiry Service Data under the Data Access Schedule;
“Energy Supplier” means a person which is either or both an Electricity Supplier and / or a Gas Supplier pursuant to the Retail Energy Code (as applicable).
“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 (for Gas) or Distribution Network Operator (for Electricity) (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 as set out in clauses 2.3-2.15 below, in addition to the Customer Use Case set out in the Agreement and at clause 2.1;
“Price Comparison Websites” means operators of price comparison websites;
“Third Party Intermediary” means a broker or introducer acting between Consumers and Energy Suppliers including Price Comparison Websites;
“Third Party Intermediary Service Provider” means an organisation that provides services to a Third Party Intermediary solely to facilitate Consumer Switching.
“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;
“Retail Energy Code” means the Retail Energy Code, including its Schedules and the Technical Specification, maintained pursuant to the electricity supply licences 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. The link to the Retail Energy Code portal can be accessed here: The REC (Public) - REC Portal
“RMP” means a Supply Meter Point (for Gas) or Metering Point (for Electricity) each as more particularly defined in the Retail Energy Code identified in the Central Switching Service;
“Switch(es) or Switching” means a change to the Registered Supplier for an RMP.
“UPRN” means the Unique Property Reference Number (Ordnance Survey’s unique address reference key) for a property.

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 Users Order Form and the End User complies with any Use Case restrictions set out in the Agreement:
• Utilities – Third Party Intermediary
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- 2.15 also apply.
2.3. For the purposes of the agreement between GBG and RECCo, GBG is a Third-Party Intermediary Service Provider. It is a condition of the agreement between GBG and RECCo that all End Users using this Dataset and the Enquiry Service, only use the Supplier Data (the Enquiry Service Data) for the following specific purpose:
• where a Consumer makes a request in relation to the RMP for that Consumers premises providing data to that Consumer to assist the Consumer in exploring whether to make a Switch;
2.4. 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 the End User is not permitted to retain a copy of the REL Address for its Consumers 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 that it has such an OS ABP Licence and written consent. The REL Address can be passed on to an Energy Supplier.
e) no REL Address information may be displayed on a public facing website unless it is the address of a Price Comparison Website and the prior written consent of Ordnance Survey has been obtained.
2.5. The End User shall demonstrate to the reasonable satisfaction of GBG that it satisfies the definition of a Third- Party Intermediary in the Retail Energy Code (current definition set out above as updated from time to time) and will provide all necessary information and documentation, including but not limited to confirmation of the End User’s Energy Supplier sponsor to verify its status as such. Such verification shall be repeated by GBG on a quarterly basis throughout the term of the Agreement and GBG is permitted to share such information and documentation with RECCo or any appointed auditors of RECCo to enable RECCo to audit compliance with this clause. If the End User ceases to satisfy the definition of Third-Party Intermediary, it shall notify GBG as soon as practicable in writing.
2.6. The End User shall keep the Supplier Data (Enquiry Service Data) strictly confidential and will limit access and use of the same on a strictly “need to know” basis for the specific purpose set out at clause 2.3. The End User shall adopt appropriate internal procedures to preserve the confidentiality of the Supplier Data (Enquiry Service Data) or confidential information including but not limited to:
a) ensuring that all employees, directors, agents, consultants and professional advisers of the End User in receipt of any confidential information are fully aware and contractually bound to safeguard the obligations of confidence;
b) clearly identifying any copies of confidential information, whether in hard copy or computerised form, as confidential;
c) keeping all security credentials safe, responding to any prompts to change the credentials and initiating change if a compromise is suspected;
d) limiting access to and use of the Dataset, Enquiry Service and Enquiry Service Data to its individual and authorised users only and supervise and control access to and use of the same in accordance with the Retail Energy Code, taking all necessary steps to ensure that its employees, agents and subcontractors do not act in such a way that could cause GBG to breach the Retail Energy Code.
2.7. The End User shall not display any part of the Enquiry Service or Enquiry Service Data on a public bulletin board, ftp (File Transfer Protocol) site, world wide web site, chat room or by any other unauthorised means.
2.8. It is acknowledged and agreed by the End User that any access of Supplier Data, the Enquiry Service or Enquiry Service Data other than for the specific purpose referenced above may lead to an event of default (as defined in the Retail Energy Code) entitling RECCo to require the End User to: (i) give effect to a remedial action plan designed to remedy and / or mitigate the effects of the event of default; (ii) suspend the rights of the End User to access the Supplier Data (the Enquiry Service or Enquiry Service Data) (iii) or require GBG to terminate its Agreement with the End User.
2.9. The End User shall not:
a) knowingly introduce to the Enquiry Service, any viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
b) attempt to gain unauthorised access to the Enquiry Service, the server on which the Enquiry Service is stored or any server, computer or database connected to the Enquiry Service;
c) attach the Enquiry Service via a denial of service attach or distributed denial-of service attack.
2.10. The End User shall immediately notify GBG if it becomes aware of any unauthorised or unlawful processing of, loss of damage to, destruction or corruption of, or misuse of any Enquiry Service Data, or of any security breach that could compromise the security or integrity of the Enquiry Service or the Enquiry Service Data or otherwise adversely affect the Enquiry Service (including that passwords have or are suspected to have been disclosed or obtained.
2.11. RECCo provides no warranty and shall have no liability for:
a) any corruption omission, error, inaccuracy, incompleteness, unreliability, lack of currency or lack of updating of or in any Enquiry Service Data supplied, received or obtained pursuant to the Energy Retail Code;
b) any delay or failure of the End User (or Consumers) to receive or obtain any Enquiry Service Data;
c) any loss or damage substantially caused or contributed by failure of any systems which interface with the Enquiry Service or receive Enquiry Service Data;
d) any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect the End Users computer equipment, computer programs, data or other proprietary material due to the End Users use of or uploading of any Enquiry Service Data.
2.12. It is acknowledged by the End User that it shall have no claim against RECCO (or the market participant responsible for the stewardship of the data quality for the energy market data item as set out in the Retail Energy Code) regarding the accuracy or completeness of the Supplier Data or the Enquiry Service Data.
2.13. The End User warrants that it will not use the Dataset or any 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. The End User shall not, directly or indirectly resell the Dataset or the Enquiry Service or its solutions relating to the Dataset or the Enquiry Service to other Third Party Intermediaries or other third parties acting as a reseller.
2.14. It is acknowledged by the End User that RECCo may impose excess charges for over-usage. To the extent that any excess charges are imposed on GBG due to an End Users over-usage, GBG will be able to pass on these charges. GBG will use its reasonable endeavours to mitigate such excess charges.
2.15. It is acknowledged by the End User that it is a condition of the Agreement entered into by GBG and RECCo in respect of the Enquiry Service, that the End User is to be familiar with and be bound by the applicable terms of the Retail Energy Code (on an equivalent basis), including but not limited to: The Data Access Schedule (Schedule 12), in particular paragraphs 5 (Purpose of Access), 11 (Terms of Use) and 12 (Misuse of Data), the Main Body of the Retail Energy Code in particular clauses 13 (Intellectual Property); 14 (Limitation of Liability); 18 (Confidentiality); and 19 (Data Protection); the definitions of the Enquiry Service (Gas and Electricity). The Retail Energy Code can be accessed here: https://recportal.co.uk/en/the-rec-public.

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. The End User will therefore 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.

4. TERMINATION
4.1. Notwithstanding the termination provisions agreed between GBG and the End User in the General Terms and Product Terms, GBG shall be entitled to terminate the Agreement and cease supply of the Dataset and the provision of the Enquiry Service in the event that GBG is no longer permitted to provide the Dataset or the Enquiry Service in its capacity as a Third Party Intermediary Service Provider pursuant to its agreement with RECCo, or if the End User:
a) is no longer a Third Party Intermediary; and / or
b) breaches the Agreement (which includes these Additional Terms); and / or
c) causes GBG to breach the agreement it has entered into with RECCo

5. INTELLECTUAL PROPERTY
5.1. The End User hereby grants a royalty-free, non-exclusive, non-transferable licence (including the right to grant sublicences to contractors for the same purpose) to GBG and each REC Service Provider to use such End User Data for the sole purpose of providing the REC Service in accordance with the Retail Energy Code and for the purpose of receiving the relevant REC Service.
5.2. The End User shall ensure that the End User Data can be used by GBG and the REC Service Provider in the manner envisaged at clause 5.1 above and shall indemnify GBG or the REC Service Provider in respect of any claims brought by persons alleging that use of the End User Data has infringed any intellectual property rights.
5.3. As referenced above, all intellectual property rights in the REL address shall vest in OS and shall only be used as permitted under clause 2.3.
5.4. Save in respect of the Permitted Purpose, the End User shall not make available to any other person or otherwise exploit modify or create derivative works from or combined with any other material in whole or in part of the Supplier Data (Enquiry Service Data) that it may access via the Enquiry Service.

6. LIABILITY
6.1. Notwithstanding any other provision in the General Terms or Product Terms any liability arising directly or indirectly from a breach by the End User of any breach of its confidentiality obligations as set out in the Retail Energy Code (clause 18 of the Main Body of the Retail Energy Code) or provisions around intellectual property rights set out in the Retail Energy Code (clause 13 of the Main Body of the Retail Energy Code) shall be unlimited. Liability in respect of all other breaches arising directly or indirectly from a breach of the Retail Energy Code shall be limited to £1million per incident or series of related incidents.

7. MISCELLANEOUS
7.1. RECCo shall be entitled to enforce the rights of GBG pursuant to the Agreement (including these Additional Terms) and applicable terms of the Retail Energy Code in respect of the End User in accordance with the Contract (Rights of Third Parties) act 1999.