• GBG hosts the Supplier Data
• No personal data is transferred to the Supplier

The Supplier Data used to provide UK Geo-Affordability is provided by GBG’s Supplier, Equifax Ltd. GBG is obliged under the terms of its agreement with its Supplier to ensure that all End Users agree to comply with the following licensing 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 and Product 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.
“End User Data” means any data provided to GBG by the End User for processing in accordance with the terms of the Agreement including where relevant any personal data.
“Permitted Purpose” means the purposes, restrictions and/or conditions for the use of the Dataset outlined by the Supplier as set out in clauses 2.3 to 2.7 below in addition to the Customer Use Case set out in the Agreement and at clause 2.1.

2. USE OF THE DATASET
2.1. This Dataset may only be used for the Customer Use Case detailed in this clause 2.1, provided that such Customer Use Case is selected on the End User’s Order Form and the End User complies with any use case restrictions set out in the Agreement or these Additional Terms:
• ID Verification – Fraud
• ID Verification - Regulatory
2.2. In addition to the Customer Use Case restrictions contained within clause 1 (including any conditions that apply to that Customer Use Case) clauses 2.3 -2.7 shall also apply.
2.3. The End User shall comply at all times with the Applicable Laws.
2.4. The Supplier Data or Dataset cannot be used in isolation to make a decision about a consumer, and should be used only as a risk flag forming part of a broader affordability assessment undertaken by the End User.
2.5. The End User shall use the Dataset and Supplier Data only where the assessment of affordability is necessary and appropriate:
(a) to either protect the consumer from over indebtedness or to assess the risk of providing products or services to a consumer, in each case in relation to the purchase of products or services which involve a financial commitment beyond a single transaction where payment is required at the time of sale; or
(b) due to a regulatory requirement or guidance issued by a relevant regulatory or governing body, requiring the End User to undertake appropriate affordability assessments of consumers.
2.6. The End User shall not use the Dataset or Supplier Data:
(a) in relation to any application for or assessment of risk in relation to regulated credit activities;
(b) to increase account limits or spend velocity; or
(c) for any direct marketing purposes.
2.7. The End User must not retain a copy of the Supplier Data in relation to a data subject for any future use, save for retaining a copy for auditing or regulatory purposes.
2.8. The End User warrants that it will not use this Dataset for any reason outside of the Customer Use Case and the Permitted Purpose.

3. LIABILITY
3.1. In addition to any right that the End User has against GBG, the End User is also entitled make a claim directly against the Supplier under these Additional Terms provided that it give the 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.
3.2. The Supplier’s entire liability in respect of any single cause of action arising out of or in connection with the Supplier Data or the Dataset (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 Supplier and GBG in respect of the same loss.
3.3. Nothing in these terms shall limit or exclude the Supplier’s liability for death, personal injury or fraud arising from its negligence.
3.4. Except as expressly provided in these terms, all representations, conditions and warranties whether express or implied (by statute or otherwise) are hereby excluded by the Supplier to the fullest extent permitted by law.

4. DATA PROTECTION AND COMPLIANCE WITH RELEVANT LAWS
4.1. GBG provides this Dataset in its capacity as an independent controller.
4.2. GBG does not transfer End User Data to the Supplier to provide this Dataset.

5. TERMINATION
5.1. Notwithstanding the termination provisions between GBG and the End User in the General Terms, under the terms of GBG’s agreement with the Supplier, the supply of this Dataset can be terminated at any time if such supply is no longer possible under the terms of the agreement that the Supplier has in place with its own third party data suppliers.
5.2. The Supplier may cease to make the Dataset or Supplier Data available to the End User if in their sole discretion it is not satisfied that they are being used in accordance with these Additional Terms, and or demonstrates compliance with Applicable Laws.
5.3. GBG may (at the request of the Supplier) from time to time and on reasonable notice to the End User update, modify and change the Dataset or Supplier Data, the delivery mechanism, and the Permitted Purposes, or end this element of the Agreement:
(a) to comply with Applicable Law
(b) if the End User or any member of its corporate group applies for or is granted the status of a Credit Reference Agency
(c) to keep pace with changes to the Supplier’s IT systems and usual means of data supply; and
(d) to accord with the Supplier’s rights under the terms on which it receives any relevant data from third parties.