Lead Generation & Solus Terms and Conditions
These terms and conditions are to be read in conjunction with the General Terms & Conditions for all EGIL services, the GDPR policy and precise details outlined of the campaign as stated in the Booking Form.
1 Data ownership
1.1. Lead Generation: All Data (Business Contact Information) which is secured as part of any marketing services campaign is passed in full to a Buyer on completion of the contract.
1.2. Solus: All Data remains the property of Executive Grapevine International Limited (EGIL) unless the Data Subject agrees as part of the campaign to accept the goods and services of the Buyer.
2. Data Processing and Accuracy
2.1. All data is collected in accordance with The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679). This is a new regulation which replaces the Data Protection Regulation (Directive 95/46/EC) and the e-Privacy Directive 2009/12/EC). The Regulation aims to harmonise data protection legislation across EU member states, enhancing privacy rights for individuals and providing a strict framework within which commercial organisations can legally operate. Even though the UK has expressed its intention to leave the EU in March 2019, the GDPR will be applicable in the UK from 25th May 2018. Furthermore, the Information Commissioner's Office (ICO) has recently laid out its intention to continue with a similar level of regulation post Brexit.
2.2. EGIL uses all reasonable endeavours to ensure Data is accurate and up-to-date and meets the criteria of the Buyers campaigns. All campaign lists used in data products are compiled directly from the data subjects lists owned and researched by EGIL. It cannot warrant that any of the records are 100% complete where public records are not accurate or where subjects have confirmed a variance on this.
2.3. Where using a list for an exclusive Buyer campaign, Data Subjects are advised at the time of sign up, that EGIL will rely on Article 6(1)(f) GDPR as a lawful basis for processing their Personal Data.
2.3.1. Article 6 (1)(f): 'processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental right and freedoms of the data subject which require protection of Personal data, in particular where the data subject is a child'.
2.3.2. Specifically, Recital 47 affirms direct marketing as a legal basis for processing by the Controller or Third Party provided that the interests or the fundamental rights and freedoms of the data subject are not overridden.
2.3.3. Recital 47: 'The legitimate interests of a controller, including those of a controller to which the Personal data may be disclosed, or of a third party, may provide a legal basis for processing, provided that the interests or the fundamental rights and freedoms of the data subject are not overriding, taking into consideration the reasonable expectations of the data subject based on their relationship with the controller'.
2.3.4. 'The processing of Personal Data for direct marketing purposes maybe regarded as carried out for a legitimate interest'.
2.3.5. EGIL undertake to balance the rights of both the individual data subject and any third party to whom the data is passed, taking into consideration the reasonable expectations of data subjects and the provision of Recital 47. Subjects are advised that their data may be transferred to a carefully selected third party, provided they demonstrate to the satisfaction of the EGIL Data Controller that they have met the criteria laid out in Section 4. Whilst EGIL agrees that all Data has been fairly and lawfully obtained in accordance with the GDPR and the current Data Protection Act 2018, no warranty is given regarding the accuracy or completeness of individual addresses, contact names or telephone numbers or that any list is a complete compilation of the categories of persons or establishments described therein.
2.3.6. For the avoidance of doubt, EGIL does not currently offer Buyers personal data collected using ‘Consent’ as the legal basis for data processing via Lead Generation or Solus Services.
3.1. EGIL warrants that it has compiled with all the relevant data protection laws (including without limitation the DPA, GDPR and PECR) and the UK's Direct Marketing Association's Code in the collection and onward transfer of its Data.
3.2. EGIL does not accept liability for the outcome of the use of its Data gathered as part of a Buyers campaigns or used in solus e-shots. In no event will EGIL be liable for any loss of profit, revenue, goodwill, opportunity, business, third-party cost, ICO breach fines or other indirect or consequential loss of any kind in contract, tort (including negligence) or otherwise arising out of use of its Data, save where such liability cannot be excluded by law.
3.3. Without limitation, Executive Grapevine does not provide any warranties or representations regarding:
3.3.1. the accuracy, timeliness or completeness of the lists used in Buyers ampaigns, all data used is researched and gathered according to best practice and publicly available information or that provided by the Data Subject .
3.3.2. the satisfactory quality, merchantability, suitability or fitness for purpose of the Database or the Service.
3.4. In the event of a data breach, both EGIL and the Buyer will notify each other without undue delay after becoming aware of the breach; and will cooperate to investigate and remediate the breach, cooperate with any supervisory authorities and law enforcement, and assist with any notifications as required.
4. Buyers Obligations
4.1. Where solus campaigns are delivered on behalf of Buyers, EGIL require that all campaigns meet the following criteria where applicable, whether the template is designed by EGIL or provided by the Buyers.
4.1.1. Complete a Legitimate Interest Assessment Questionnaire as laid out by the Direct Marketing Association and supported by the Information Commissioner's Office or confirm these details as stated on the Booking Form by signing and returning it
4.1.3. Proof of GDPR Compliance (specifically for a data breach)
4.1.4. Evidence of the geographical scope of the data transfer. Processing outside of the EEA may only take place with prior permission from EGIL. Permission will only be granted where the Buyer can demonstrate safe haven for personal data and compliance with standards equivalent and protection levels afforded to those offered by GDPR.
4.2. The Buyer also
4.2.1. agrees to include an unsubscribe link so EGIL can comply with any requests for the suppression of deceased names.
4.2.2. The recipient must be aware that the sender of the email is EGIL.
4.3 During the delivery of your campaign EGIL may set certain deadlines for the supply of essential information and resources. Failure to meet these deadlines, without prior agreement with EGIL may result in the following:
4.3.1. A reduction of the delivery volume of the booked campaign for which Executive Grapevine will not be liable.
4.3.2.Loss of the date/time slot previously agreed for the [campaign] and this slot being resold, without limitations, at Executive Grapevine’s discretion.
Full payment for Goods or Services will still be due where EGIL is in receipt of a signed Booking Form.
4.4. Whilst every effort is made to quote the number of records accurately, the quantity may vary from time to time in solus campaigns due to movements within the Data and no warranty or condition is given that the figure quoted in the Booking form, agrees with that finally reached during the execution of the order.