INTERNATIONAL ADDRESS CLEANSING (SUPPLIER 17) | ID NUMBER 100012
• GBG hosts the Supplier Data
• No personal data is transferred to the Supplier
• A Standard Matching Rule will be applied to this Dataset
The Supplier Data used to provide the International Address Cleansing Dataset is supplied by a number of GBG’s Suppliers. GBG is obliged under the terms of its agreement with its Supplier (Supplier 17) to ensure that all End Users agree to comply with the following licensing provisions. Supplier 17 provides GBG with New Zealand address data.
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:
“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.
“LINZ Data” means Supplier Data which has been compiled by Land Information New Zealand. The LINZ Data is subject to Creative Commons licence terms available at http://creativecommons.org/licenses/by/3.0/nz/.
“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 – 2.5 below, in addition to the Customer Use Case set out in the Agreement and at clause 2.1.
“Restricted Data” means:
(i) any Supplier Data which has an address type of Bag, Box, CMB Rural, CMB Urban or Counter Delivery; and
(ii) for any Supplier Data which has a “Rural” address type, the data in the ‘RD Number’ and ‘Mailtown’ fields.
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:
• Customer Management (Data Quality)
• Customer Management (Indicators)
• Records Management (Appending)
• Records Management (Data Quality)
2.2. In addition to the Customer Use Case restrictions contained within clause 2.1 (including any conditions that apply to that Customer Use Case) the following terms set out in clauses 2.3-2.6 also apply.
2.3. The End User (and any of its agents and sub-contractors) may only use Restricted Data in accordance with these Additional Terms, for the End User’s internal purposes, which may include providing an online address checking service to its customers. Without limiting the foregoing, the End User (and any of its agents and sub-contractors) must not:
(a) sub-licence all or any part of the Restricted Data to any person, or purport or attempt to do so, in each case, unless expressly permitted otherwise by the Supplier in writing, or
(b) other than as expressly permitted, copy reproduce, publish, sell, let modify, extract or otherwise part with possession of the whole or any part of the Restricted Data or relay or disseminate the same to any other party.
2.4. The End User must ensure that its personnel, agents and sub-contractors comply with the above terms as if they were the licensee under this Agreement.
2.5. The Restricted Data may not be distributed (whether for evaluation or demonstration purposes or otherwise) or sold to End Users (whether directly or through the GBG’s authorised dealers and resellers) other than as part of the Dataset. To avoid doubt, the Restricted Data may not be distributed or sold to any third party as a standalone data product.
2.6. The End User warrants that it will not use this Dataset for any reason outside of the Customer Use Case and Permitted Purpose.
3. LIABILITY
3.1 The Supplier must have rights to enforce these provisions for the purposes of the Contracts (Privity) Act 1982, and is entitled to terminate the End User’s right to use the Dataset or Supplier Data if the End User breaches any of these terms.
4. EXCLUSION OF WARRANTY
4.1 The End User acknowledges that the Supplier has made no warranty that the Supplier Data will be free from errors, omissions, inaccuracies, viruses or other destructive code, or that the Supplier Data or Dataset will be fit for the End User’s purpose or for use in any specific technical environment.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 The End User agrees that the Supplier Data (other than LINZ Data) and all Intellectual Property Rights and other rights in the Supplier Data (other than the LINZ Data) from time to time remain the property of the Supplier.
5.2 The End User has no right to use any of the trade marks, business names or logos of the Supplier unless expressly stated otherwise in any sub-licence granted to the End User by GBG (which must be approved by the Supplier).
5.3 The End User must not make any statement or claim relating to the Supplier Data to be approved, recommended or endorsed by the Supplier or do anything similar or imply that is the case, unless the Supplier has expressly given its prior written consent to the form and content of such claim.
6. DATA PROTECTION AND COMPLIANCE WITH RELEVANT LAWS
6.1 The End User must comply with the requirements of the Privacy Act 1993 and any other applicable law or regulations relevant to its possession or use of the Supplier Data.
6.2 The End User agrees and represents that it is requesting access to the Dataset for the purposes of a business and that the Consumer Guarantees Act 1993 (New Zealand) does not apply.
6.3 GBG provides this Dataset in its capacity as an independent controller.
6.4 GBG does not transfer End User Data to the Supplier to provide this Dataset.
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 its Supplier this Dataset can be terminated upon the Supplier providing GBG with ninety (90) days’ notice.
8. INDEMNIFICATION
8.1. Notwithstanding the liability of the End User to GBG as set out in the General Terms, the End User must indemnify the Supplier and keep it indemnified against any claim, proceeding, damage liability, loss, cost or expense (including legal costs on a solicitor and own End User basis), whether arising in contract, tort (including for negligence) or otherwise, arising out of or in connection with any breach by the End User of any of the terms contained herein or the use of any of the Supplier Data or Dataset by the End User or any other person who has obtained the Supplier Data from the End User. The End User’s total aggregate liability to the Supplier under this clause shall not exceed $250,000.
9. MATCHING RULE
9.1. This Dataset will be processed against the Standard Matching Rule of address only.