• The Supplier hosts the Supplier Data
• The Supplier receives and processes End User Data in its capacity as an independent controller
• The Supplier is located in the United Kingdom
• The Supplier is a Credit Reference Agency (“CRA”) therefore the End User must include a reference to the Credit Reference Agency Information Notice (“CRAIN”) in its fair processing notice.
• A Default Matching Rule will be applied to this Dataset

The Supplier Data used to provide the Supertrace Data Datasets is supplied by GBG’s Supplier, Experian. GBG is obliged under the terms of its agreement with its Supplier to ensure that all End Users agree to comply with the provisions set out below. These terms apply to all Supertrace Data Datasets. Individual Supertrace Data Datasets are identified by an ID Number on the End User’s Order Form or Agreement.

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.
“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 2.10 below, in addition to the Customer Use Case set out in the Agreement and at clause 2.1
“Territory” means the UK, save for where the End User provides Online Gambling services (as defined in Appendix 2), then the territory is as defined in Appendix 2 of these Additional Terms.

2. USE OF THE SUPPLIER DATA
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:
• Fraud
• Law Enforcement
• Debt Collection
• Asset Reunification
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 2.3-2.10 also apply.
2.3. Where the End User is using this Dataset for the purpose of consumer collections, the End User will only use the information provided for the purposes of assisting in the collection from debtors of amounts which have not been paid in accordance with the legal obligations of those debtors in circumstances which are or may be fraudulent.
2.4. Where this Dataset is being provided for the purpose of commercial collections, the End User agrees that it will only use the Dataset for the purposes of assisting in the collection from businesses of amounts which have not been paid in accordance with the legal obligations of those businesses or in circumstances which are or may be fraudulent.
2.5. Where this Dataset is being used for the purpose of tracing debtors the End User shall:
a) use the Dataset solely to locate the home address of debtors and (save as required by law) and not divulge or disclose all or any part of the Supplier Data to any other third party;
b) take reasonable steps to confirm the identity of a debtor before taking any action to recover the relevant debt where the Supplier Data provides a home address for that debtor; and
c) hold a current registration with the Information Commissioners Office for data processing activities and is authorised and regulated by the Financial Conduct Authority
2.6. Where the End User is using the Dataset for fraud investigation services, the End User shall:
a) comply with Appendix 1 to these Additional Terms;
b) not use the Supplier Data for any Prohibited Purposes. Prohibited Purposes are those not in listed in Appendix 1 to these Additional Terms;
c) only use the Supplier Data where there has been a prior indication of a potential fraud; and
d) Where Appendix 1, Part B applies, the End User shall enter into a separate End User Agreement with Experian in the form set out in Appendix 3 to these Additional Terms.
2.7. Where the End User is using the Dataset for Online Gambling services, the provisions of Appendix 2 to these Additional Terms shall apply.
2.8. The End User acknowledges and accepts that Experian is a CRA and in utilising the services of a CRA, the End User is required by Experian 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 The CRAIN notice link is as follows: https://www.experian.co.uk/legal/crain/
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.
2.10. The End User shall not sell, transfer, distribute or otherwise make the Supplier Data available to, or use the Dataset on behalf of, any third party.
2.11. The End User warrants that it will not use the Dataset for any reason outside the Customer Use Case and Permitted Purpose.

3. DATA PROTECTION AND COMPLIANCE WITH RELEVANT LAWS
3.1. The Supplier Data used to provide this Dataset is hosted by the Supplier in the United Kingdom. In order to provide the Dataset, the Supplier shall receive and process End User Data in its capacity as an independent controller.
3.2. Experian may, on an occasional and temporary basis transfer End User Data outside of the EEA and UK to third parties appointed as general suppliers of technology and services to Experian in order to support and maintain Experian’s service. In such circumstance, Experian shall ensure that appropriate safeguards are in place with such third-party supplier.

4. TERMINATION
4.1. GBG shall be entitled to terminate the End User’s access to the Dataset on giving 3 month’ prior notice if Experian serves notice on GBG that it cannot provide the Supplier Data as a result of a change in legislation, regulations, codes or other rules having equivalent force.

5. MATCHING RULE
5.1. This Dataset will be matched against the Default Matching Rule of Forename, Surname and Address. If required certain Variable Matching Rules may be requested by the End User in accordance with the Agreement.

APPENDIX 2 TO THE ADDITIONAL TERMS
SPECIAL TERMS AND CONDITIONS FOR USE OF THE SERVICES IN CONNECTION WITH ONLINE GAMBLING (“ONLINE GAMBLING SPECIAL TERMS AND CONDITIONS”)

1. Notwithstanding anything to the contrary stated within the Agreement, where the Supplier Data is used in connection with Online Gambling, these Online Gambling Special Terms and Conditions shall apply and shall take precedence over any other terms and conditions contained within these Additional Terms and the Agreement.

2. In these Online Gambling Special Terms and Conditions the following definitions shall apply:

a. "Licence(s)" means all licences, permits, authorisations and/or accreditations that are required in order for the holder to supply Online Gambling in the Online Gambling Country;

b. “Licensing Country” means the following countries: Gibraltar, Jersey, Guernsey, Alderney, Malta, Isle of Man and United Kingdom and such other countries as Experian may agree from time to time;

c. “Online Gambling” means a gambling service accessed via remote communication whereby Players register, deposit funds and bet and/or play games;

d. “Online Gambling Country” means the countries identified as such under Point 6 below;

e. “Permitted Activity” means the Online Gambling activities identified as permitted activities in relation to an Online Gambling Country under Point 6 below;

f. “Player” means an individual who is a potential or actual Online Gambling customer of the End User;

g. “Player Location” means the country in which the Player is located when the Services are accessed by the End User;

3. When the Supplier Data is used in connection with Online Gambling:

a. the Territory shall be the Online Gambling Countries; and

b. the End User Permitted Purpose shall be ID verification and fraud prevention purposes in connection with Players only where (a) the Player Location is an Online Gambling Country, and (b) the Online Gambling for which the Services are used is a Permitted Activity for the Player Location, and the End User holds the Licences for such Permitted Activities

4. The End User shall;

a. comply at all times with the Permitted Purpose;

b. carry out practical mitigation, and use all reasonable steps to ensure that it complies with the Permitted Purpose, which shall include (without limitation) ensuring and that Players using the Services (i) are situated in an Online Gambling Country, and (ii) are only able to use the Services in connection with Permitted Activities for which the End User has the Licences;

c. operate in a manner that is consistent with the actions of a reputable company operating in the Online Gambling industry; and

d. ensure that the End User holds and maintains appropriate Licence(s) to carry out the Permitted Activity in Online Gambling Countries in which it operates and for which it proposes to use the Supplier Data.

5. In addition to any other restrictions contained within the Additional Terms and General Terms, each End User must be a company whose registered office is in a Licensing Country.

6. Permitted Activities for Online Gambling Countries: 

APPENDIX 3 TO THE ADDITIONAL TERMS
END USER AGREEMENT

Background
A. The Authority wishes to have data comprised within the Experian Data Services made available to it and/or used as part of the Reseller Service.

B. Experian and the Authority have agreed to this subject to the provisions of the attached "Experian Data Services End User Terms" (which shall form part of this Agreement).

C. Experian has in place a contract with the Reseller (“Reseller Contract”) permitting such access.

Contract Details

Name of the authority: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ("the Authority")

Principal address of the Authority: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Experian data service: [Experian to complete] ("the Experian Data Service")

Name of Reseller service provider: [NAME, REGISTERED ADDRESS AND COMPANY NUMBER OF THE RESELLER TO BE INSERTED IN HERE]

Name of the Reseller Service: . . . . . . . . . . . . . . . . . . . . . . . . ("the Reseller Service")

Term of the Agreement between the Reseller and the Authority (“Authority Reseller Contract”) for provision of the Reseller Service : . . . . . . . . . . . . . . . . . . . . . . . . ("Term")

Start Date of the (“Authority Reseller Contract”) [insert date] ("Commencement Date")

In consideration of the payment of £1 by the Authority to Experian (on demand), the Authority hereby requests and Experian agrees to provide the Experian Data Services to the Reseller for such periods as this Agreement, the Reseller Contract and the Authority Reseller Contract are in place. The terms of this Agreement are set out in the End User Agreement Appendix.
The parties agree to be bound by the terms of this Agreement:

Signed on behalf of the Authority: . . . . . . . . . . . . . . . . . . . . . . . . . . .

Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed on behalf of the Experian: . . . . . . . . . . . . . . . . . . . . . . . . . . .

Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

APPENDIX TO END USER AGREEMENT
1. Definitions
1.1 The following words and phrases shall have the following meanings:-

• “The Agreement” means the "End User Agreement relating to Experian Data Services Within an Integrated Service" between you and us;
• "Confidential Information" means the Experian Data and the provisions of the Agreement;
• "Experian Data" means any of the data forming part of the Experian Data Services;
• “Experian Data Charge" means the amount payable in respect of the Experian Data;
• "We" means Experian Limited (and "us" and "our" shall be construed accordingly);
• "You" means the Local Authority as identified in the Agreement (and "your" shall be construed accordingly).
1.2 Terms defined in the Agreement will have the meanings ascribed to them in the Agreement.

2. Provision of Experian Data
2.1 We will provide Experian Data direct to the Reseller on your behalf for use as part of the Integrated Service.
2.2 You will not use any Experian Data for any purpose other than the receipt of the Integrated Service nor adapt, alter or modify the Experian Data.

3. Payment
3.1 Provided you pay the amount due to the Reseller for the Integrated Service including any applicable VAT, which will comprise a payment for our Experian Data Charge, we will not invoice you direct for the Experian Data Charge and will not take any action to recover the Experian Data Charge from you.

4. Liability
4.1 Your contract for the Integrated Services is between you and the Reseller. Subject to Clause 4.2 below, we shall not have any liability to you (whether in contract, negligence, breach of statutory duty or under and indemnity or otherwise) arising out of or in respect of your use of the Experian Data. Without prejudice to the generality of the foregoing, we shall not have any liability to you for any indirect or consequential loss.
4.2 Nothing in these Terms and Conditions shall limit or exclude our liability to you for death or personal injury caused by our negligence, or the negligence of our servants or agents.

5. Compliance
5.1 Each of us shall in connection with the provision or use of the Experian Data (as appropriate) comply with all legislation, regulations and other rules having equivalent force which are applicable to each of us, including the Data Protection Act 1998 ("DPA"), and the Representation of the People Act 2000 and any regulations made thereunder (including the Representation of the People Regulations 2002) as amended from time to time ("ROPA Laws").
5.2 If you request us (including a request made via the Reseller) to provide and/or process the full electoral register for you, we shall do so subject to your entitlement to do so being permitted under the ROPA Laws.
5.3 If you provide a copy of your full electoral roll information for us to process on your behalf we shall hold and process such information as data processor on your behalf.
5.4 In order to ensure that requests for Experian Data are consistent with the provisions of Part IV of the DPA 1998, you will appoint a senior officer of suitable expertise and seniority ("the Senior Officer") who will have responsibility for authorising your search requests and ensuing that you comply with your obligations under these Terms and Conditions. You will ensure that the Senior Officer will immediately notify us and/or the Reseller of any breach of these Terms and Conditions by you or any irregular activity with regard to your searches.
5.5 You will permit only expressly authorised personnel to have access to the Experian Data.
5.6 If requested by us, you agree to provide written evidence to us evidencing the validity of your search requests and your compliance with the Data Protection Act 1998 in respect of each search.

6. Confidentiality
6.1 You agree that you will keep the Confidential Information strictly confidential and not disclose any part of the same to any person except as permitted by or required for the purposes of the receipt of the Reseller Services.
6.2 The provisions of Clause 6.1 above do not apply to any information to the extent is or comes within the public domain, or is required to be disclosed by law.
6.3 For the purposes of the Freedom of Information Act 2000 ("FOIA") we believe that disclosure of the Confidential Information would prejudice our commercial interests, and would be in breach of confidence, and that the Confidential Information constitutes a trade secret. You will inform us of any request for disclosure made to you under the FOIA in respect of the Confidential Information.

7. General
7.1 The copyright, database rights and all other intellectual property rights in the Experian Data will remain vested in us (or our third party licensors).
7.2 The provisions of these Terms and Conditions will remain in force for so long as you receive the Integrated Services from the Reseller. However, we may terminate your entitlement to have the Experian Data used as part of the Integrated Services on written notice to you if you commit a material breach of any of these Terms and Conditions which is not remedied within 28 days after receipt of a notice from us specifying the breach, requiring its remedy and making clear that failure to remedy may result in such termination.
7.3 If any part of these Terms and Conditions is found to be invalid or unenforceable by any Court or other competent body such invalidity or unenforceability shall not affect the other provisions of these Terms and Conditions and such other provisions shall remain in full force and effect.
7.4 If either of us fails to exercise a right or remedy which arises in relation to these Terms and Conditions, such failure shall not prevent the exercise of that right or remedy subsequently in respect of that or any other incident.
7.5 A waiver of any breach of these Terms and Conditions shall only be effective if it is made in writing and signed on behalf of the party who is waiving the breach or provisions. Any waiver of a breach of any terms of these Terms and Conditions shall not be deemed a waiver of any subsequent breach and shall not affect the enforceability of any other of these Terms and Conditions.
7.6 These Terms and Conditions and all matters arising out of them shall be governed by, and construed in accordance with the Laws of England. The English Courts shall have exclusive jurisdiction over any claim or matter which may arise out of or in connection with these Terms and Condition