GEOLOCATION API FOR CAPTURE (UK)| ID NUMBER 200931
GBG hosts the Supplier Data
No Sub-processors used
The Supplier Data that GBG uses to provide AddressBase is supplied by GBG’s Data Supplier. GBG is obliged under the terms of its agreement with its Data Supplier to ensure that all End Users agree to comply with the following provisions.
1.1. In these Additional Terms, the following definitions shall apply, in addition to the definitions set out in the General Terms:
“Cached Data” means data which is downloaded or stored by Caching.
“Caching” means the automatic, immediate download and temporary storage of data as an integral and essential part of the technological process.
“Client Generated Content” means content generated by the End User in the course of using an Online Solution or an Offline Solution consisting of:
(a) any line, polygon, symbol or text that copies or represents, or which is used to infer the position of, any feature depicted in the Supplier Data; and/ or
(b) measurements and distances determined using Supplier Data; and/ or
(c) routes created by selecting and linking a series of co-ordinates plotted on and/ or using Supplier Data incorporated in GBG’s product/ and or service.
“Commercial Purposes” means any purposes which seek to exploit the Supplier Data for financial gain or any purpose which is or is likely to place the use of the Supplier Data in competition with a third party who is seeking to exploit the Supplier Data for Financial Gain or for any other purpose.
“Device” means a personal computer, mobile telephone handset or other device designed for use by a single user at one time.
“Display” means a single image with no size restriction, for example on display boards.
“Excluded Bodies” means any of the following:
(a) Central government departments, Crown bodies and non-departmental public bodies;
(b) Local authorities;
(c) Other public sector organisations (including companies in public ownership);
(d) Utility companies managing fixed assets as follows:
Fixed line telecommunications companies.
“Financial Gain” means a benefit accruing where the End User or any third party used by, or connected to, the End User receives any revenue or credit for the publication or use of the Supplier Data in any format.
“Navigation Product” means a product and/ or service which may be used on a Device and provides an End User with turn by turn instructions (based on and automatically updated to reflect the Device’s position and movement during the journey) on how to get to a destination.
“Offline Solution” means a product and/ or service (which for the avoidance of doubt, can include Navigation Products) and permits the storage of Supplier Data by the End User.
“Online Solution” means a product or service that: a) is hosted by GBG through which the End User is able to access Supplier Data remotely; and b) permits the storage of coordinates, Cached Data, and Client Generated Content on any Device;
“Permitted Purpose” means the use of Supplier Data in the ordinary day-to-day activities involved in the internal administration and running of the End User’s business or organisation; and use of the Supplier Data within Online and Offline Solutions which may enable:
(a) a Device using the Supplier Data to be located by the End User;
(b) the End User to create and download Client Generated Content; or
(c) in the case of Navigation Products, the End User to download co-ordinates of the destination to a route generated by its Online Solution for use within a Navigation Product;
“Promotion(al)” means bringing any product or service to the attention of actual or potential End Users and where multiple copies are made in any media, the total map area at scale must not exceed A3 or 1250 square centimetres size.
2. PERMITTED USE
2.1 The End User may only use the Supplier Data for the Permitted Purpose.
2.2 The End User has a perpetual licence to use Client Generated Content and/ or coordinates stored on the End User’s Device.
2.3 Such use of the Supplier Data is only permitted in the following circumstances:
(a) in reports and submissions to third parties (where such activities relate to the internal administration and running of the End User’s business or organisation and the End User shall advise such third parties that such Supplier Data shall not be used for any other purpose, provided such reports and submissions do not carry paid for advertising in respect of third parties. Such use shall include electronic transmission of a graphic image that is a raster data file produced solely for the purposes of allowing such third party to view and print one copy;
(b) 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 terms and the General Terms 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 with such contractor or agent, which contains terms no less onerous than those contained within these terms and the General Terms;
(c) where Supplier Data is available on an internal network or on a remotely accessible server operated by an electronic hosting service, the End User must take steps itself or enter into a written agreement in relation to the facilities provided by the electronic hosting service to provide for appropriate industry standard safeguards restricting third party access to the End User’s data which includes or incorporates any Supplier Data;
(d) within any professional services provided by the End User to its own customers provided that:
(i) the provision of Supplier Data is not a service in itself and does not form a significant part of any service offered by the End User;
(ii) Supplier Data may be provided only in paper form or by electronic transmission of a graphic image that is a raster file produced solely for the purposes of allowing the recipient to view and print one copy;
(iii) only such amounts of Supplier Data may be used as are necessary to meet the specific need for which they are used; and
(iv) the use to which such customers shall put the Supplier Data shall be for the administration and operation of its business (in the case of a business End User), provided that the rights referred to in this clause 2.2(d) shall not apply where the End User is an Excluded Body.
2.6 For the avoidance of doubt, the supply of Supplier Data to the End User for provision to third parties as specified in clause 2.2(b) above is given on the basis that the End User remains responsible and primarily liable to GBG or its Data Supplier for the acts and omissions of such contractors and agents.
2.5 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 2.2(b) or is an End User for professional services pursuant to clause 2.2(d); or
(b) save in the case of contractors and agents providing services pursuant to clause 2.2(b) or provision of professional services pursuant to clause 2.2(d), for any Financial Gain or Commercial Purposes of the End User, whether the Supplier Data are used on their own or in combination with any products or services of the End User, or which convey any Financial Gain for the benefit of any person other than the End User or its employees.
2.6 The End User may not digitalise features or symbols from any of the Supplier Data.
3. PUBLISHING FOR DISPLAY AND/OR PROMOTIONAL PURPOSES
3.1 Subject to the restrictions in Section 3.2 below, Supplier Data may be published in paper form only for display and/or promotional purposes provided there is no Financial Gain, but only:
(a) as a background to display information specific to the End User’s activities;
(b) to promote the End User’s commercial or public services, provided that the use of Supplier Data is secondary to the End User’s services or business activities and is not a service or business activity in itself; or
(c) in order to provide directional guidelines on how to locate the End User’s premises or a location relevant to the End User’s day to day business activities.
3.2 The following conditions apply to the publishing of the Supplier Data for Display and/or Promotional purposes by the End User:
(a) the correct database right, copyright, trade mark acknowledgements and licence number must be used. Acknowledgements are always required and each individual image using Supplier Data must contain the appropriate acknowledgement(s). Non-compliance will be regarded as a breach of the End User’s obligations under these terms and, without prejudice to any other rights, may incur further Charges;
(b) the End User must overlay outputs generated using the Supplier Data with information that is specifically relevant to the purpose of the Display and/or Promotion. Use of Supplier Data in this manner must only be to demonstrate the services or activities to which the Supplier Data makes a significant contribution. Supplier Data must not be published on their own or in any format or as the primary or dominant part of any Display and/or Promotion and must always be combined with appropriate additional information relating to the End User;
(c) a visible background watermark to identify the source of the publication may be required by the Data Supplier. The End User shall choose its own method of applying a watermark from suitable alternatives. The purpose of the watermark is not to obscure or change the meaning of the End User’s message, but to establish the source of the material and to deter its use for other purposes;
(d) when using the Supplier Data the End User is to include a brief statement of the purpose of the publication and the reason why mapping information is included together with limitations for its further use. This can be placed anywhere within the document;
(e) the End User shall use all reasonable endeavours to prevent the improper use of the Supplier Data by its staff or any third parties;
(f) only such amounts of Supplier Data may be used as are necessary to meet the specific need for which they are used;
(g) Supplier Data must not be published in their original condition. Any publication must feature such additional elements or content as are specifically relevant to the purpose to which they are put. Such additional content must be provided by the End User and unless otherwise agreed with GBG must be sufficiently significant to render the underlying Supplier Data unusable for any other purpose; and
(h) Supplier Data must not be published electronically.
4. DATA PROTECTION AND COMPLIANCE WITH RELEVANT LAWS
4.1 GBG does not use Sub-processors to provide this element of the Service as the Supplier Data is hosted by GBG.
5.1 Notwithstanding the termination provisions between GBG and the End User in the General Terms, under the terms of GBG’s agreement with the Data Supplier, the supply of Supplier Data can be terminated on 30 days’ notice from the expiry of the Initial Term or renewal Period or immediately if the Data Supplier loses the right to administer Crown Copyright and/ or Crown database right in respect of the Supplier Data.
6.1 GBG and the Data Supplier shall have no liability to the End User in respect of the Supplier Data, or these terms.
6.2 The Data Supplier has the right to directly enforce these terms pursuant to the Contracts (Rights of Third Parties) Act 1999.