ROYAL MAIL NOT YET BUILT | ID NUMBER 100553, 100555-100557

  • GBG hosts the Supplier Data
  • No Sub-processors used

The Supplier Data that GBG uses to provide Not Yet Built Data is supplied by Royal Mail. GBG is obliged under the terms of its agreement with Royal Mail to ensure that all End Users agree to comply with the following 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:
“Associate” means a person who markets or distributes products or services supplied under a common identity and business method, subject to a written agreement providing for the operation of that identity and method to specified standards and the provision of know-how, technical or business support.

“Authorised User” an employee or individual acting on behalf of an End User authorised by an End User to access and use product or services, which benefits from or includes PAF® Data.

“Broker” means a broker or agent for the sale of (or other distributor of) products or services for one or more originating suppliers (all of which operate in the same industry).
“Bureau Customer” means a customer for a Bureau Service.
“Bureau Services” means a service comprising the Data Cleansing of an End User Database and the supply of the resulting Cleansed End User Database back to the relevant End User.
“Business Partner” means a person who in the course of business acts either as an Associate, a Broker or a Delivery Service User.
“Closed User Group” means an End User's network of businesses comprising that End User and not less than 10 Business Partners all of a single type.
“Data Cleansing” means the processing of existing data records using Not Yet Built Data:
(a) including validating, reformatting, correcting or appending additional data to those records, and;
(b) including the use of Not Yet Built Data within address capture applications, but;
(c) not including Data Extraction (whether carried out by an address capture application or otherwise);
(d) and “Cleansed” shall be read accordingly.
“Data Creation” means the use of the Not Yet Built Data, whether incorporated in a licensed product or otherwise, to create a new record or records not already held on any database or mailing list owned by or licensed to the End User by:
(a) adding Not Yet Built Data; and/or
(b) adding any Not Yet Built Data, to an End User Database or to create a new database where previously there was none.
“Data Extraction” means the extraction of Not Yet Built Data or any part of it for the generation of new address records in a new or existing database.
“Delivery Service User” means a customer of an End User for delivery services relating to mail, packages or products.
“End User” means as applicable, the beneficiary of the Service or Not Yet Built Data, or the channel partner providing the Service to the the End User or beneficiary of the Service or Not Yet Built Data.

“End User Database” means the End User’s existing electronic compilation of records, database or mailing list, which existed prior to any Data Cleansing being carried out pursuant to this Agreement in respect of the same.

“Extracted Data” means data generated as a result of Data Extraction.
“Group Member” means an End User or a Business Partner who are members of a Closed User Group
“Group Owner” means the End User promoting a Closed User Group.
“Group Purpose” means the purpose for which a Closed User Group carries on its business through (as the case may be) Associates, Brokers or Delivery Service Users.
“Not Yet Built Data” means Royal Mail’s database known as ‘Not Yet Built’, which contains not yet built address records.
“Substantially All Database” means a database which on its own or as part of another database comprises all or substantially all the addresses in the United Kingdom or any of England, Wales, Scotland or Northern Ireland.

2. PERMITTED USE
2.1. The End User may freely use Not Yet Built Data in accordance with these terms and the Agreement.

3. CONDITIONS OF USE
3.1. The End User must not make copies of Not Yet Built Data except as permitted by the Agreement and these terms or as reasonably necessary for back-up, security, business continuity and system testing purposes.
3.2. The End User may use Not Yet Built Data for Data Extraction but Extracted Data:
(a) may only be accessed by Authorised Users; and
(b) must not be supplied or any access to it provided to any third party.
3.3. The End User may provide Cleansed data to third parties provided that:
(a) where that supply is a Bureau Service, the End User and the Bureau Customers comply with the restrictions in clause 4 of these terms; and
(b) if such databases are Substantially All Databases:

• such databases are not represented or held out as a master, original or comprehensive address database or other similar description;
• the access is provided in the course of the End User's normal data supply or routine business activities and is not carried on as a business in its own right; and
• the provision includes a prominent notice that the relevant Cleansed data has been cleansed against Not Yet Built Data.

3.4. The End User must not permit access to, display or communicate to the public any Not Yet Built Data, except for the purposes of capturing or confirming address details of third parties.
3.5. Except as set out in these terms the End User must not:
(a) transfer, assign, sell or licence Not Yet Built Data or its use to any other person;
(b) use Not Yet Built Data to create a product or service distributed or sold to any third party which relies on any use of Not Yet Built Data including copying, looking up or enquiring, publishing, searching, analysing, modifying and reformatting; or
(c) copy, reproduce, extract, reutilise or publish Not Yet Built Data.

4. BUREAU SERVICES
4.1. End Users performing Bureau Services further to these terms are subject to the terms and restrictions set out in this clause 4 and must ensure that they are observed by Bureau Customers.
4.2. End Users must not supply or provide access to a Cleansed End User Database to any person other than the relevant Bureau Customer.
4.3. End Users may only supply or provide access to Cleansed End User Databases to Bureau Customers subject to the restriction on use of Cleansed data set out in clause 3.3 (b) of these terms.
4.4. The End User and a Bureau Customer may use the following statement on its publicity and marketing material: "[Name] processes databases against Royal Mail's Not Yet Built database" provided that such use is reasonable.
4.5. The names of Bureau Customers must be provided to Royal Mail on its request.

5. SUBCONTRACTING
5.1. The End User may provide Not Yet Built Data to their subcontractors who may use it to the extent necessary for:
(a) the provision of information technology services to the End User; or
(b) acting on behalf of the End User;
in each case for the End User's own business purposes and not those of the sub-contractor and provided that each such sub-contractor agrees to observe the restrictions on use of Not Yet Built Data contained in the Agreement and these terms and that the End User is responsible for any breaches of those terms by such sub-contractor.

6. PERSONAL RIGHTS
6.1. The End User’s rights are personal, limited and non-transferable.

7. ROYAL MAIL'S IPR NOTICE
7.1 The End User acknowledges that Royal Mail is the owner of the Intellectual Property Rights in Not Yet Built Data it does not acquire and is not granted any rights to use those Intellectual Property Rights other than as set out in this Agreement and in these terms.

8. CESSATION OF USE OF NOT YET BUILT DATA
8.1 The End User must cease use of Not Yet Built Data if their right to use it is terminated and the End User must also destroy any copies of Not Yet Built Data they hold.

9. USE BY AUTHORISED USERS OF NOT YET BUILT DATA
9.1 The End User must ensure that:
(a) the terms contained within the Agreement and these terms bind their Authorised Users;
(b) only their Authorised Users exercise the use rights of Not Yet Built Data granted to the End User further to the Agreement and these terms; and
(c) in the event of termination or expiry of the End User’s rights to use the Not Yet Built Data, the rights of Authorised Users to use the Not Yet Built Data also terminate.

10. CLOSED USER GROUPS
10.1 In respect of Closed User Groups, the End User is responsible for ensuring that Not Yet Built Data is not used:
(a) by any person other than a Group Member, except as these terms expressly permit, and
(b) in an electronic communications network except where that network is controlled by the Group Owner and is subject to technical and security restrictions preventing access to it by persons who are not Group Members.
10.2 The End User must ensure that Royal Mail or its authorised agents is granted a right of entry on reasonable prior notice during working hours to the premises of Group Owners and each member of the relevant Closed User Group for the purposes of inspection of such premises and the systems, accounts and records maintained there for the purpose of monitoring compliance by such persons with these terms.
10.3 These terms and the Agreement apply to use of Not Yet Built Data by Group Owners and Group Members subject to and as varied by the following use restrictions:
(a) Data Extraction is not permitted,
(b) the provision of access to Not Yet Built Data for the purposes of capturing and confirming address details of third parties is permitted provided that:

• such use is for the Group Purpose, and
• such third parties are customers or potential customers of the relevant Business Partner.

11. DATA PROTECTION AND COMPLIANCE WITH RELEVANT LAWS
11.1 GBG does not use Sub-processors to provide this element of the Service as the Supplier Data is hosted by GBG.