France (Premium) Verify s51 - | ID NUMBER 201402
The data that GBG uses to provide this the France (Premium) Verify Data (the “Supplier Data”) is supplied by GBG’s Data Supplier, La Poste. GBG is obliged under the terms of its agreement with the Data Supplier to ensure that all End Users agree to comply with the following provisions:
• GBG hosts the Supplier Data
• No Sub-processors are used
1. DEFINITIONS
1.1. In this Appendix, the following definitions shall apply, in addition to the definitions set out in the General Terms:
“End User” means the Client, the beneficiary of the Service or Supplier Data.
“Geographical Files” means the file of Supplier Data that GBG uses to provide the France (Premium) Verify Data.
2. USE OF SUPPLIER DATA
2.1 The Geographical Files may be used for the following purposes:
(a) Electronic processing. This is on the condition that it is intended for standardising or improving a database line by line;
(b) The standardisation of a file or database. i.e. use of a part of the data contained in the Geographical Files for the purposes of correcting a file or database containing addressing data;
(c) Improving a file or database line by line. i.e. the extraction of a part of the data contained in the Geographical Files for the purposes of adding them to a file or database containing addressing data through the addition or completion of one or several data fields. The addressing data contained in the Geographical Files must only be used to enable a “one for one” validation (i.e. line by line). The address file at the end of processing (i.e. the address file improved using Geographical Files) must therefore contain, at most, the same number of records as before processing. The improvement must not, under any circumstances, have as its purpose the reconstitution of geographical files identical or similar to those belonging to La Poste.
(d) Use of Geographical Files in batch mode for own purposes. The End User is authorised to use the Geographical Files for the processing of the files or the databases of which it is the owner. The electronic processing of its own files includes the case where the End User entrusts the processing of its files to a service provider specialising in electronic data processing. In these circumstances. The service provider is only, however, authorised to use the Geographical Files within the context of electronic processing carried out on behalf of the End User to the exclusion of any other use. The End User undertakes to indicate to the service provider that La Poste is the only holder of the intellectual property rights as well as the rights for extracting and reusing information from the Geographical Files. The End User will ensure, under its responsibility, the respect by the aforementioned service provider of La Poste’s rights.
(e) Use of Geographical Files in batch mode on behalf of third parties. The End User is authorised to use the Geographical Files for the processing of the files or the databases belonging to a third party or third parties who are the End User’s customers (in which case the End User is acting as a Reseller).
Any other type of improvement remains strictly forbidden, unless expressly agreed in writing.
3. INTELLECTUAL PROPERTY RIGHTS
3.1. The Supplier Data constitutes an original work of La Poste who retains ownership in its capacity of author pursuant to article L111-1 of the French Intellectual Property Code. Consequently, any infringement of the rights of La Poste as set out above represents an offence of counterfeiting sanctioned by article L335-2 of the French Intellectual Property Code.
3.2. Any infringement of the intellectual property rights related to the Supplier Data and/or the brands, corporate names and denominations related to them shall constitute a criminal offence governed by articles L 335-2 and L 343-4 of the French Intellectual Property Code.
3.3. Consequently, the End User undertakes, in particular, not to:
(a) decompile, decode, or adapt all or part of the Geographical Files;
(b) copy all or part of the Geographical Files except in cases authorised in article 3 of this contract;
(c) change or enrich the data contained in the Geographical Files with information of a similar kind coming from another source for whatever purpose; and/or
(d) extract and transfer onto any medium and to disseminate by any means, give away the ownership, rent, sub-rent to third parties all or a part of the data contained in The Geographical Files either free of charge or for payment except in the cases described above where the aforementioned files are installed on a server installed on the End User’s premises accessible via Intranet, Extranet and Internet networks set out in this contract.
This list is not exhaustive.
4. AUDIT
4.1. La Poste implements audit procedures, the purpose of which is to ensure that its rights over the Supplier Data are respected.
4.2. Audits covering the conditions for use of the Supplier Data shall (if required by La Poste) be carried out at the premises of the End User. Such audits may be carried out by an independent 3rd party and shall be limited to once in a 12-month period with a minimum of 5 working days’ notice.
5. DATA PROTECTION AND COMPLIANCE WITH RELEVANT LAWS
5.1. GBG does not use Sub-processors. The Supplier Data is hosted by GBG.