MOBILE VALIDATION | ID NUMBER 100469-100170 & 101250-101251
- 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 Data that GBG uses to provide Mobile Validation 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 provisions set out below. These terms apply to all Mobile Validation checks. Individual Mobile Validation checks are identified by ID number on the Order Form.
1. USE OF THE SUPPLIER DATA
1.1. The End User may only use the Supplier Data in accordance with these terms.
1.2. The End User will not:
(a) do or cause to be done anything that violates the requirements of any network operator as a result of use of the Service;
(b) Transmit or allow to be transmitted any information, data or messages sent to recipients as a result of the use of the Services that are false, inaccurate, misleading, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
(c) Transmit or allow to be transmitted any information, data or messages sent to recipients as a result of the use of the Service that harms minors in any way;
(d) Transmit or allow to be transmitted any information, data or messages sent to recipients as a result of the use of the Service that it does not have a right to make available under any law or under contractual or fiduciary relationships;
(e) Transmit or allow to be transmitted any information, data or messages sent to recipients as a result of the use of the Service that infringe any patent, trademark, trade secret, copyright, or other proprietary rights or rights of publicity or privacy of any party;
(f) Utilise any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", or any other forms of unauthorised solicitation;
(g) Violate the standards of practice set forth by the Mobile Marketing Association;
(h) Transmit or utilise any (a) viruses, worms, trojan horses, or other code that might disrupt, disable, harm, erase memory, or otherwise impede the operation, features, or functionality of any software, firmware, hardware, wireless device, computer system or network, (b) traps, time bombs, or other code that would disable any software based on the elapsing of a period of time, advancement to a particular date or other numeral, (c) code that would permit any third party to interfere with or surreptitiously access any personal information, or (d) content that causes disablement or impairment of the Data Supplier’s or any network operator’s service or equipment;
(i) Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
(j) Collect or store personal data in connection with the prohibited conduct and activities set forth hereinabove.
2. EXCLUSION OF WARRANTIES
2.1. The End User acknowledges and agrees that the data is provided “as is”, “as available” and with all faults and is provided without any covenants, promises or guarantees as to accuracy, functionality, performance, merchantability, system integration, data accuracy or fitness for any purpose. Any conditions, terms or warranties as to the same implied or imposed by statue or common law are hereby excluded to the fullest extent permitted by law.
3. INTELLECTUAL PROPERTY RIGHTS
3.1. No Party shall reverse engineer, decompile or disassemble any software comprised in the other Party's Intellectual Property Rights.
4. DATA PROTECTION AND COMPLIANCE WITH RELEVANT LAWS
4.1. 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 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 the Data Supplier as Sub-Processor for the purposes specified in this clause 4.
4.2. The Data Supplier 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.
5.1. Notwithstanding the termination provisions between GBG and the End User in the General Terms, under the terms of GBG’s agreement with its Data Supplier, the supply of the Supplier Data can be terminated on 30 days’ prior written notice or immediately if either Party materially breaches its obligations under these terms and the General Terms.
5.2. The Data Supplier shall have the right to terminate provision of the Supplier Data immediately in the event that external factors beyond the control of the Data Supplier make the provision of the Supplier Data illegal or contrary to a law, regulation, or the Mobile Marketing Association Code of Conduct, or prohibitively difficult or expensive for the Data Supplier, determination of which is at the sole discretion of the Data Supplier..