• Supplier hosts the Supplier Data
• Supplier receives and processes Client Information in its capacity as Controller
• Client Information includes Personal Data
• The Supplier is based in the UK
• The Supplier is located 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 UK Affordability Indicator checks is supplied by Equifax Ltd . GBG is obliged under the terms of its agreement with Equifax Ltd to ensure that all End Users agree to comply with the provisions set out below.

1. DEFINITIONS
1.1. In these Additional Terms, the following definitions shall apply in addition to the definitions set out in the General Terms:
“Applicable Laws” means all applicable laws, enactments, rules, regulations, orders, regulatory policies, regulatory permits and licences, and any mandatory instructions or requests of a regulator, in each case which are in force from time to time, including: i. The Consumer Credit Acts 1974 and 2006;
ii. The Data Protection Act 2018;
iii. The Representation of the People (England and Wales) Regulations 2001;
iv. The Financial Services and Markets Act 2000 (Money Laundering Regulations 2001);
v. Rules made by the Steering Committee on Reciprocity; and
vi. The Guide to Credit Scoring 2000
“Information Services” means the services that the End User is authorised to receive through GBG’s Service that are provided by the Data Supplier.
“Pricing Tier” means the applicable volume based pricing tier specified on the Order Form which sets the UK Affordability Annual Access Fee and applies a maximum number of Transactions permitted to be carried out by the Client.
“Output Data” means any information or data provided from the Data Supplier as part of the Information Services.
“Transaction Charge” means the Charge payable by the Client for each Transaction carried out via the Service in accordance with the relevant Pricing Tier as shown on the Order Form.
“UK Affordability Annual Access Fee” means the annual Charge for the use of the UK Affordability Indicators in accordance with the relevant Pricing Tier as specified on the Order Form.
“Year” means the 12 months to which the UK Affordability Annual Access Fee applies beginning on the Contract Start Date and each anniversary thereafter.

2. USE OF THE SUPPLIER DATA
2.1. The End User is granted a non-exclusive licence to use the Output Data as follows:
(a) Only within the gaming sector to assess affordability and assist in protecting customers;
(b) On a single enquiry basis only with no warehousing of data asset for future use in respect of CATO data only; and
(c) in compliance with the Affordability Assessment Product Rules set out in clause 3 of these Additional Terms.
2.2. The End User must not resell any element of the Information Services or Output Data under any circumstances.
2.3. The End User shall comply at all times with the Applicable Laws and shall provide GBG with any information that may be reasonably requested from time to time by the Data Supplier, to determine the End User’s compliance with such Applicable Laws in relation to the Output Data.
2.4. Before using the Output Data or Information Services, the End User must notify its consumer that the information it provides may be disclosed to a credit reference agency, which may keep a record of that information and share disclosure that information and the fact a search was made to its other customers for the purposes of assessing the risk of giving credit and occasionally to prevent fraud, money launder and to trace debtors. Such notification shall be made available upon request.
2.5. To the extent the End User is permitted to do so, it grants the Data Supplier a perpetual, royalty free right to record the information referred to in clause 2.4 for the sole purpose set out in clause 2.4.
2.6. The End User must not refer to the Supplier Data as a credit or credit reference agency check.
2.7. The End User acknowledges and accepts that the Data Supplier is a CRA and in utilising the services of a CRA, the End User is required 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 A copy of the CRAIN notice link is as follows https://www.equifax.co.uk/crain.html.
2.8. The End User shall provide a copy of the notification in clause 2.7 as required.
2.9. 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. AFFORDABILITY ASSESSMENT PRODUCT RULES
3.1. Affordability Assessment is a set of characteristics derived from current account turnover data (CATO) to predict consumers who are likely to fall into arrears as a result of affordability.
3.2. The End User shall use all reasonable endeavours to ensure that the relevant individual consumer is clearly made aware upfront of the use of their CATO data and that such use is not merely referred to within the privacy policy made available to the individual.
3.3. If the End User captures declared income from time to time as part of an affordability assessment, this shall be supplied to the Data Supplier in order to receive the Output Data from the Affordability Assessment.
3.4. The End User shall use Output Data solely for the purposes of:
(a) combating over-indebtedness;
(b) assessing affordability;
3.5. For the avoidance of doubt, the Output Data may not be used to increase account limits or spend velocity.

4. UK AFFORDABILITY CHARGES
4.1. The End User shall determine the applicable Pricing Tier when selecting the UK Affordability Indicator, and GBG shall charge the End User the corresponding UK Affordability Annual Access Fee.
4.2. The Charges specified in the Order Form for the selected Pricing Tier shall be applied each Year for the duration of the Agreement. Save as set out in clauses 4.3 and 4.4 the UK Affordability Annual Access Fee shall renew automatically in line with the Client’s current Pricing Tier and GBG shall invoice the End User for the UK Affordability Annual Access Fee each Year.
4.3. If the End User wishes to change the applicable Pricing Tier by either increasing or decreasing the volume of Transactions for the next Year, it shall notify GBG at least 90 days prior to the expiry of the current Year. In such circumstances GBG shall issue a new Order Form or contract addendum to give effect to such change.
4.4. If the Parties discover that the End User has exceeded the number of Transactions permitted under the applicable Pricing Tier, the Parties agree that GBG shall be entitled to invoice the End User for the difference between the current and the next applicable UK Affordability Annual Access Fee in accordance with the Pricing Tier and the new UK Affordability Annual Access Fee shall apply for the remainder of the Year and renew in accordance with clause 4.2.
4.5. The End User shall pay all invoices issued by GBG in accordance with the Agreement.
4.6. Standard Pricing Tier:

Notwithstanding any changes agreed by the Parties and detailed in the Order Form, the Standard Pricing Tier shall apply.

5. DATA PROTECTION AND COMPLIANCE WITH RELEVANT LAWS
5.1. The End User acknowledges and accepts that the nature of this Service requires disclosure of Client Information to Equifax who processes Client Information in its capacity as Controller and not Sub-processor. The End User’s request for this Service will be deemed to be the End User’s instruction to GBG to disclose Client Information to Equifax as necessary to perform this Service.
5.2. Equifax 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.

6. LIABILITY
6.1. The End User acknowledges: (a) that most of the Output Data is provided to the Data Supplier by third parties which it does not control, in particular in relation to the accuracy or completeness of the Output Data; (b) that the volume and nature of the information on our databases makes it impractical for the Data Supplier to verify it; and (c) that, if it were to attempt to verify the Output Data, it would only be able to offer the Information Services to the End User at significantly increased cost. The End User agrees that the Data Supplier shall not in any circumstances be liable for any loss or damage at all arising from any inaccuracies, faults or omissions in, or in the provision of, the Output Data unless caused by its negligence or wilful default.
6.2. The End User agrees that the Data Supplier shall not in any circumstances (including without limitation if it has been negligent) be liable for (a) any indirect or consequential loss or damage at all; or (b) any loss of business, capital, profit, reputation or goodwill, arising out of or in connection with the Information Services or the Output Data.
6.3. In addition to any right that the End User has against GBG, the Customer is also entitled make a claim directly against the Data Supplier under these Additional Terms provided that the End User gives the Data Supplier written notice of the claim within 6 months of becoming aware of the circumstances giving rise to the claim or, if earlier, 6 months from the time the End User ought reasonably to have become aware of such circumstances.
6.4. The Data Supplier’s entire liability in respect of any single cause of action arising out of or in connection with the Output Data or the Information Services (whether for breach of contract, negligence, under statute or otherwise) shall be limited to £50. The End User shall not be entitled to recover from the Data Supplier and GBG in respect of the same loss.
6.5. Nothing in these terms shall limit or exclude the Data Supplier’s liability for death, personal injury or fraud arising from its negligence.
6.6. Except as expressly provided in these terms, all representations, conditions and warranties whether express or implied (by statute or otherwise) are hereby excluded to the fullest extent permitted by law.

7. TERMINATION
7.1. 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 Output Data can be terminated at any time if such supply is no longer possible under the terms of the agreement that the Data Supplier has in place with its own third party data suppliers.
7.2. The Data Supplier may cease to make the Output Data available to the End User if in their sole discretion it is not satisfied that the information provided under clause 2.3 of these Additional Terms, demonstrates compliance with Applicable Laws.