ABSOLUTE DATA, CCJ and LINKED ADDRESSES | ID NUMBER 100273-100274, 100276-100278 & 100281
- 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 Kingdom
- The Sub-processor is based within the EEA
- The Supplier is a Credit Reference Agency (“CRA”) therefore the End User must include a reference to Credit Reference Agency Information Notice (“CRAIN”) in its fair processing notice
The Supplier Data that GBG uses to provide the Absolute Data, CCJ and Linked Address data is supplied by GBG’s Data Supplier, Experian. 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. These terms apply to all Absolute Data, CCJ and Linked Address data checks. Individual Absolute Data, CCJ and Linked Address data checks can be identified by the ID number on the Order Form.
1.1. In these Additional Terms, the following definitions shall apply, in addition to the definitions set out in the General Terms:
“Permitted Purpose” means tracing Data Subjects for debt recovery and asset reunification purposes.
2. USE OF THE SUPPLIER DATA
2.1 The End User may only use the Supplier Data for the Permitted Purpose in accordance with these terms and not for any other purpose.
2.2 Where the Service is being provided for the purpose of consumer or commercial collections, the End User agrees that it will only use the Supplier Data for the purposes of assisting in the collection from debtors or businesses of amounts which have not been paid in accordance with the legal obligations of those debtors or businesses or in circumstances which are or may be fraudulent.
2.3 Where the Supplier Data is being used for the purpose of tracing debtors the End User shall:
(a) use the Supplier Data solely to locate the home address of debtors and (save as required by law) and not divulge or disclose all or any part of the Supplier Data to any other third party;
(b) take reasonable steps to confirm the identity of a debtor before taking any action to recover the relevant debt where the Supplier Data provides a home address for that debtor.
2.4 The End User acknowledges and accepts that Experian is a CRA and in utilising the services of a CRA, the End User is required by Experian to include a link to the Credit Reference Agency Information Notice (commonly known as “CRAIN”) as set out below within their own fair processing notice or provide an off-line route to access information about CRAIN, such as printed copies The CRAIN notice link is as follows: https://www.experian.co.uk/crain/index.html
2.5 The End User shall fully indemnify GBG against all liabilities, costs, expenses, damages and losses incurred by GBG as a result of the End User’s failure to incorporate the CRAIN notice within their fair processing notice and notify individuals of such notice in the provision of the End User’s products and services.
3. DATA PROTECTION AND COMPLIANCE WITH RELEVANT LAWS
3.1 The Supplier Data used to provide this element of the Service is hosted by Experian. In order to perform the Services, Experian shall act as Sub-processor of Client Information (including any Personal Data supplied) for the sole purpose of delivering this element of the Service. The End User authorises GBG to appoint Experian as Sub-Processor for the purposes specified in this clause 3.1.
3.2 Experian is based in the United Kingdom which is located within the EEA. On this basis, Personal Data is not transferred outside of the EEA in order to provide End Users with access to this element of the Service.
3.3 Notwithstanding clause 3.2, Experian may, on an occasional and temporary basis transfer Client Information outside of the EEA to third parties appointed as general suppliers of technology and services to Experian in order to support and maintain Experian’s service,. In such circumstance, Experian shall ensure that appropriate safeguards are in place with such third party supplier.
4.1 GBG shall be entitled to terminate the End User’s access to the Supplier Data at any time by serving on the Client 12 months’ notice.
4.2 GBG shall be entitled to terminate the End User’s access to the Supplier Data on giving 3 month’ prior notice if Experian serves notice on GBG that it cannot provide the Supplier Data as a result of a change in legislation, regulations, codes or other rules having equivalent force.