Data Quality user documentation

Identity append - Telephone terms

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Effective date: April 2024
Last updated: April 2024

Any Customers executing an Order Form for the receipt of Services for telephone appends shall be subject to the following terms:

  1. Experian Data Quality hereby grants to Customer a non-transferable, non-exclusive perpetual license to append the phone numbers ("Licensed Data") to the Customer's database and to use such appended Licensed Data for lawful marketing purposes in accordance with the terms of this Order Form and the Experian Data Quality Standard Terms and Conditions (together, the “Agreement”), which terms shall survive any termination or expiration of this Order Form.
  2. Customer acknowledges that the Licensed Data is owned by a third-party data supplier (“Data Supplier”) and that Customer has no proprietary rights in the Licensed Data other than those granted under the Agreement.
  3. Customer acknowledges that the Data Supplier is an intended third party beneficiary of the provisions of this Agreement and as such is entitled to directly enforce in its own name the rights and obligations undertaken by Customer and to seek all legal and equitable remedies as are afforded to Experian Data Quality.
  4. Customer’s use of the Licensed Data will comply with all privacy, data protection, credit, and any other laws, statutes and governmental regulations applicable to such use of the Licensed Data.
  5. Customer shall not use the Licensed Data in advertisements or marketing campaigns (“Advertisements”) that violate the proprietary or intellectual property rights of any third parties.
  6. Advertisements shall not contain any content or material which is discriminatory, profane or obscene, or which is illegal in the United States.
  7. Customer shall use the Licensed Data for marketing and management purposes only and shall not transfer possession, right or title of or to such data for any other purpose whatsoever.
  8. Experian Data Quality may provide Customer with telephone numbers of consumers who have registered under one or more *Do Not Call* lists maintained by the Federal Trade Commission and/or a state agency (the “DNC Lists”). In using the materials supplied by Experian Data Quality, Customer represents and warrants that Customer will comply with any and all federal and state laws, rules, and regulations regarding telephone solicitations and Do Not Call requirements, including but not limited to those set forth in the Federal Trade Commission (FTC) Amended Telemarketing Sales Rule, 16 CFR, Part 310, and the Federal Communication Commission Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, 47 CFR, Section 64.1200. Client acknowledges and agrees that:
    (i) Experian Data Quality is not providing any DNC Lists maintained by state agencies;
    (ii) Client is responsible for obtaining such DNC Lists maintained by state agencies in order to comply with the terms of this provision.
  9. If Customer receives DNC records, Customer has requested or received and will strictly use the DNC records based upon statutory exemptions or exclusions from statutory definitions pursuant to all applicable DNC laws, rules, regulations, and guidelines for telemarketing activities, such as exemptions or exclusions based upon non-profit status, business relationship, or market research use. If Customer is receives *flagged* DNC records, Customer shall use of such *flagged* records solely to prevent making telemarketing calls to those telephone numbers *flagged* as DNC records.
  10. Customer represents and warrants that:
    (i) Customer has a current and valid FTC Subscription Account Number (SAN) and will maintain the SAN in accordance with applicable law; and
    (ii) the scope of Customer’s SAN includes all geographic locations included in the Licensed Data records received by Customer. Upon request by Experian Data Quality at any time, Customer will provide to Experian Data Quality Customer’s SAN and Org ID to enable Experian Data Quality to confirm the validity of the SAN.
  11. Customer represents and warrants that Customer is registered as a telemarketer or similar designation in all states where such registration is required for Customer’s authorized use of the Licensed Data, including but not limited to Colorado, Florida, Massachusetts, Missouri, Tennessee and Texas.
  12. Customer shall not access or use the Licensed Data for Indiana or Louisiana until Customer provides Experian Data Quality with and Experian Data Quality confirms:
    (i) Customer’s proof of registration as a telemarketer in such states
    (ii) a receipt proving Customer purchased access to the DNC registry in such states.
  13. Experian Data Quality disclaims any warranty, express or implied, that any telephone numbers on DNC Lists have been identified or deleted from the information supplied to Customer by Experian Data Quality. Furthermore, Experian Data Quality disclaims all responsibility for ensuring that Customer complies with the laws establishing the DNC Lists.
  14. Customer agrees to indemnify and hold harmless Experian Data Quality and the Data Supplier from and against any and all losses arising out of or resulting from Customer’s misuse or unauthorized use of the Licensed Data, including but not limited to failure to fulfil any compliance requirement or obligation under any applicable federal or state law, rule, or regulation relating to telephone solicitations or Do Not Call requirements.
  15. In addition to any other remedies that may be available at law or in equity, Experian Data Quality may immediately suspend provision of any Licensed Data to Customer if Experian Data Quality reasonably believes that Customer has violated any laws, statutes or regulations in connection with receipt or use of the DNC records. Such suspension will continue until Customer provides Experian Data Quality with information and material satisfactory to Experian Data Quality to determine that Customer complies with all applicable laws, statutes, regulations and industry guidelines regarding receipt and use of DNC records in Experian Data Quality’s sole discretion. If Customer fails to correct such violation within a reasonable time, then Experian Data Quality may immediately terminate any affected Order Forms upon written notice to Customer.