PHONE CLEANSE | ID NUMBER 200329
• Supplier hosts the Supplier Data
• Supplier is a Sub-processor of Client Information
• Client Information includes Personal Data
• The Sub-processor is located in the United States
• The Sub-processor is located outside of the EEA
• The Supplier is subject to the Privacy Shield Framework so is deemed to offer an adequate level of data protection by the European Commission
• The Supplier will ensure that any further Sub-processors based outside of the EEA that it employs will be either be deemed to offer an adequate level of data protection by the European Commission or will be subject to a contractual arrangement to maintain appropriate safeguards
The data that GBG uses to provide Phone Cleanse data 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:
“Customer Data” consists of information made available to the Data Supplier through the End User’s use of the Services.
“Services” means the Data Supplier’s platform services, which includes all of its programs, features, functions and report forma included in GBG’s own products and services.
2. USE OF THE SERVICE
2.1. The End User must not:
(a) Use the Services to encourage any illegal, fraudulent, abusive, or other activities that materially interfere with the business or activities of the Data Supplier;
(b) Bypass or break any security mechanism incorporated into the Services or use the Services in any other manner that poses a material security or service risk to the Data Supplier or any of its other customers;
(c) Reverse engineer the Services in order to find limitations, vulnerabilities, or evade filtering capabilities;
(d) Launch or facilitate, whether intentionally or unintentionally, a denial of service attack on the Services or any other conduct that materially and adversely impacts the availability, reliability, or stability of the Service;
(e) Transmit any material that contains viruses, Trojan horses, spyware, worms or any other malicious, harmful, or deleterious programs;
(f) Use the Services in any manner that materially violates industry standards, policies and applicable guidelines published by (the CTIA (Cellular Telecommunications Industry Association), the Mobile Marketing Association, or any other generally recognised industry associations; or carrier guidelines and usage requirements as communicated in writing;
(g) Engaging in any unsolicited advertising, marketing or other activities prohibited by applicable law or regulation covering anti-spam, data protection, or privacy legislation in any applicable jurisdiction, including, but not limited to anti-spam laws and regulations such as the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act;
(h) Use the Services in connection with unsolicited or harassing messages (commercial or otherwise), including unsolicited or unwanted phone calls, SMS or text messages, voice mail, or faxes;
(i) Use the Services to harvest or otherwise collect information about individuals, including email addresses or phone numbers, without their explicit consent or under false pretences;
(j) Use Services to engage in, or in connection with fraudulent activity;
(k) Use the Services to receive, send or otherwise process Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996 as amended;
(l) Violate or facilitate the violation of any local, state, federal, or foreign law or regulation, including, but not limited to, laws and regulations regarding the transmission of data or software;
(m) Use the Services to transmit any material that infringes the intellectual property rights or other rights of third parties;
(n) Use the Services to transmit any material that is, facilitates, or encourages libellous, defamatory, discriminatory, or otherwise malicious or harmful speech or acts to any person or entity, including but not limited to hate speech, and any other material that the Data Supplier reasonably believes degrades, intimidates, incites violence against, or encourages prejudicial action against anyone based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, geographic location or other protected category;
(o) Use the Services to transmit any material or content that is offensive, inappropriate, pornographic, obscene or otherwise objectionable to any person or entity who did not provide prior express consent to receive such material or content; or
(p) Create a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call.
2.2. Clause 2.1 sets out examples of restricted behaviour, but does not list all restricted behaviours. The End User therefore acknowledges and accepts that the Data Supplier will decide whether a use violates its acceptable use policy.
2.3. The End User must:
(a) not transfer, resell, lease, license or otherwise make available the Services to third parties or offer them on a standalone basis;
(b) not attempt to use the Services to access or allow access to emergency services;
(c) only use the Services in accordance with all applicable laws, third party rights and these Additional Terms;
(d) ensure that the Data Supplier is entitled to process Customer Data, including any content of communications stored on the Data Supplier’s systems, as needed to provide the Services; and
(e) not (except as allowed by applicable law) reverse engineer, decompile, disassemble or otherwise create, attempt to create or derive, or permit or assist anyone else to create or derive the source code of any software provided in connection with the Services.
3. END USER OBLIGATIONS
3.1. The End User is responsible for all use of the Service and for all acts and omissions of anyone that has access to the Service, including the quality and integrity of Customer Data submitted to the Data Supplier and compliance with these Additional Terms.
3.2. The Data Supplier may periodically delete Customer Data and data storage is not guaranteed by GBG or the Data Supplier. The End User acknowledges and accepts that GBG and the Data Supplier will not have any liability whatsoever for any damage, liabilities, losses, or any other consequences that the End User may incur relating to the loss or deletion of Customer Data.
3.3. The End User acknowledges and accepts that the Data Supplier may access or disclose Customer Data, including the content of communications stored on the Data Supplier’s systems, if: the Data Supplier believes that disclosure is reasonably necessary (i) to comply with any applicable law, regulation, legal process or government request, (ii) to enforce its agreements and policies, (iii) to protect the security or integrity of its services and products, (iv) to protect itself, its other customers, or the public from harm or illegal activities, or (v) to respond to an emergency which the Data Supplier believes in good faith requires it to disclose data to assist in preventing a death or serious bodily injury.
4. EXCLUSION OF WARRANTIES
4.1. Without limiting the Data Supplier’s express warranties and obligations under these terms, the Data Supplier hereby disclaims any and all other warranties, express or implied, including but not limited to warranties of merchantability, title, non-infringement, and fitness for a particular purpose and warranties related to third-party equipment, material, services or software. Except for the express warranties set forth in these Additional Terms, the Services are provided “as is” to the fullest extent permitted by law. To the extent this disclaimer conflicts with applicable law, the scope and duration of any applicable warranty will be the minimum permitted under that law.
4.2. The Services are not intended to support or carry emergency calls or SMS messages to any emergency services. Neither GBG, the Data Supplier, nor its representatives will be liable under any legal or equitable theory for any claim, damage, or loss (and the End User will hold GBG and the Data Supplier harmless against any and all such claims) arising from or relating to the inability to use the Services to contact emergency services.
5. DATA PROTECTION AND COMPLIANCE WITH RELEVANT LAWS
5.1. The End User shall comply with the applicable law relating to each of its activities under Additional Terms, including privacy and data protection laws and applicable rules established by the Federal Communications Commission.
5.2. The Supplier Data used to provide this element of the Service is hosted by the Data Supplier. In order to perform the Services, the Data Supplier shall act as Sub-processor of Customer Data (including any Personal Data supplied) for the sole purpose of delivering this element of the Service. The End User authorises GBG to appoint the Data Supplier as Sub-Processor for the purposes specified in this clause 5.2.
5.3. The Data Supplier is based in the United States which is located outside of the EEA. The Data Supplier is subject to the Privacy Shield Framework so is deemed to offer an adequate level of data protection for Personal Data by the European Commission, therefore the Parties acknowledge that Personal Data can be safely transferred to the Data Supplier for sub-processing without further data export safeguards.
5.4. The Data Supplier may on occasion use additional Sub-processors to provide the Services. Where such additional Sub-processors are based outside of the EEA, the Data Supplier warrants that such suppliers will either be deemed to offer an adequate level of data protection by the European Commission or will be subject to a contractual arrangement to maintain appropriate safeguards
5.5. Any software provided in connection with the Services, may be subject to applicable U.S. export control laws and economic sanctions regulations. In receiving the Services (and any software associated with it), the End User agrees to:
(a) comply strictly with all domestic and international export laws and economic sanctions regulations as they apply to the Services, and to the extent consistent with these Additional Terms; and
(b) to obtain any necessary license or other authorization to export, re-export, or transfer such software or our other aspects of the Services.
5.6. U.S. export control laws and economic sanctions regulations include restrictions on destinations, End Users, and end use. Without limitation, the End User must not transfer any such software or other aspect of the Service without U.S. government authorization to any entity on a U.S. government exclusion list (e.g., the Department of Commerce’s List of Denied Persons, Entity, or Unverified List, and the Treasury Department’s List of Specially Designated Nationals and Consolidated Sanctions List).
5.7. The End User warrants and represents that it is not on a U.S. government exclusion list or under the control of or an agent for any entity on such a list, and that it will immediately discontinue use of the Services if it becomes placed on any such list or under the control of or an agent for any entity placed on such a list.
6.1. 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 the Supplier Data can be terminated:
(a) on sixty (60) days’ notice;
(b) immediately if (i) the End User breaches these Addition Terms; (ii) there is reason to believe that the End User’s use of our Services or traffic created from the use of the Service is fraudulent or negatively impacting the operating capability of the Services; or (iii) the Data Supplier in its sole discretion, determines that providing the Services is prohibited by law, or it has become impractical or unfeasible for any legal or regulatory reason.
7. GOVERNING LAW AND JURISDICTION
7.1. Any matter concerning the Supplier Data and these terms and conditions shall be exclusively governed by the laws of State of California and the End User agrees that any legal suit, action or proceeding arising out of or related to these Additional Terms or use of the Services shall be instituted in either the state or federal courts of San Francisco, California.
7.2. For the avoidance of doubt, these terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.