NEW ZEALAND DATA (Item check 0310-0319) | ID NUMBER 101600 - 101604
• Supplier hosts the Supplier Data
• Supplier is a Sub-processor of Client Information
• Client Information includes Personal Data
• The Sub-processor is located in New Zealand
• The Sub-processor is located outside of the EEA
• New Zealand is deemed to offer an adequate level of data protection by the European Commission
The Supplier Data that GBG uses to provide New Zealand Data is supplied by GBG’s Data Supplier, Data Zoo. GBG is obliged under the terms of its agreement with its DataZoo to ensure that all End Users agree to comply with the provisions set out below. These terms apply to all New Zealand Data checks. Individual New Zealand Data checks are identified by an ID Number on the Client’s Order Form.
1. DEFINITIONS
1.1. In these Additional Terms, unless the context clearly indicates otherwise:
“Act” means the New Zealand Anti-Money Laundering and Countering Financing of Terrorism Act 2009.
“Agency Agreement” means the due diligence forms that must be completed by the End User, returned to and verified by Data Zoo, the Responsible Officials and Credit Providers in order for the End User to access the Supplier Data.
“Credit Provider” means the credit bureau data provider that Data Zoo use to provide the credit bureau data.
“Department of Internal Affairs” means that governmental department of New Zealand.
“Responsible Officials” is an officer appointed by the New Zealand Department of Internal Affairs to manage the Departments relationships with Data Zoo.
2. END USER OBLIGATIONS
2.1. The End User must not use the Supplier Data to validate, verify or update an existing database that is not part of this Agreement.
2.2. The End User shall only use the Supplier Data for the bona fide lawful business purposes of verifying age and/or identity of individuals with whom the End User has an existing or prospective business relationship. The Client Information must be genuine customer information belonging to the End User or existing or prospective customers of the End User and not derived wholly or substantially from a third party’s directory, list or other compilation and that the End User has through its own efforts collected and arranged the names, addresses and associated telephone numbers within the Client Information.
2.3. The End User must ensure that it has a lawful basis in order to verify that Data Subject through the Service. The End User must also ensure that it maintains, and can produce upon request, evidence of the lawful basis should Data Zoo or GBG require this in order to verify the End User’s compliance with its use of the Service.
2.4. If the End User accesses or uses the telephone data (including the Electronic White Pages and Data Zoo’s own public number directory), the End User acknowledges that access to such data will be for the purpose of finding or confirming the telephone number or address of a telephone subscriber by the input of a name and will not permit finding or confirming the name or residential address corresponding to a particular telephone number.
2.5. The End User must be approved by the Department of Internal Affairs and listed as such in the Agency Agreement between Data Zoo and the Responsible Officials
2.6. The End User acknowledges that the Service makes use of consumer credit bureau data in accordance with the Act only. The End User must be approved by the Credit Provider and, Data Zoo and listed as such in the Agency Agreement between Data Zoo and the Credit Provider.
2.7. The End User agrees to indemnify GBG against any claims arising against GBG’s New Zealand identification verification provider as a result of any unlawful or unauthorised use of the Supplier Data by the End User or customers of the End User.
3. DATA PROTECTION AND COMPLIANCE WITH RELEVANT LAWS
3.1 The Supplier Data used to provide this element of the Service is hosted by Data Zoo. In order to perform the Services, Data Zoo 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 Data Zoo as Sub-Processor for the purposes specified in this clause 3.1.
3.2 Data Zoo is based in New Zealand which is located outside of the EEA. New Zealand 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 Data Zoo for sub-processing without further data export safeguards.