Terms & Conditions for the usage of all data
‘PSI’ – Public Sector Information Limited
‘Terms’ - This document which details terms and conditions governing all data usage.
‘Data' - any organisational, statistical, demographic, structural, contact or contact information derived from a database owned or supplied by PSI
'Client' - the person and their organisation that is using a service run by PSI or has registered or purchased a license to access, view or use data supplied by PSI
‘Contact' - All data identifying a living person in data supplied by PSI Limited to the contacts name and organisation and/or official email address connected with the contact recorded.
All recipients of data belonging to, or supplied by, PSI must accept and abide by the following terms. This document is considered binding based on any one of the following conditions:
1. Confirmation of an order to PSI for any data.
2. Receipt of a data file by any means or any format from PSI
The PSI Databases
The data is the intellectual property of PSI and covers Public Sector, transport and security organisations, their structures, demographics and senior and significant posts and publicly elected representatives.
PSI is registered under the Data Protection Act and adheres to all the necessary best practice guidelines laid out by the UK Information Commissioner's Office, Direct Marketing Association and the Professional Publishers Association.
Purchase of Data
1. General Terms
1.1 All data supplied by PSI is subject to all conditions within this document unless there is written agreement between the Client and a Director within PSI to the contrary
1.2 Data cannot be returned or exchanged.
1.3 The fulfilment of an order is considered complete on the day the data is delivered to the client.
1.4 Data received must be held securely with reasonable steps taken to protect against misuse and theft. The client is responsible for ensuring security for all elements of the data and will be considered liable for any breaches and resulting damages or liabilities.
1.5 The Data cannot be transferred to, or used by, any individual or organisation other than the Licensed Client or Nominated Client agreed to by PSI at the point of order.
1.6 We reserve the right to cancel a data license or access at any time on discovering data misuse or a contravention of these terms, whereupon access or license to the data will cease immediately with no refund given.
1.7 Where data is licensed for a third party/nominated client, the client must advise PSI of the name and contact details of the third party/nominated client, and also provide a copy of these terms to the third party/nominated client prior to data supply. In all instances, these terms take precedence over any other agreement or terms issued between the client and third party/nominated client.
1.8 Full payment must be received and cleared PSI’s bank account prior to any data being released to the client.
1.9 All and any costs associated with recovery of payment for an agreed data license or access will be passed to the client. In the case of third party data licenses, we reserve the right to pursue the nominated client directly for payment and in the event of any contravention of these terms.
1.10 Data cannot be held or used beyond the prescribed license period agreed upon at the point of order.
Terms of licenses and conditions available are as follows:
- Single-Use License - Clients can only use data once for the specified purpose and this must be completed within 2 months of the date of order.
- 12 Month/Subscription License - Clients can hold and use the data supplied for 364 days after the date of order confirmation, unless another date is specified explicitly. Thereafter the data license must be renewed or all data must be removed from the clients’ systems
- Perpetual Use License - Where a perpetual usage license has been issued, there is no expiry date issued for the client to hold and use the data, but all conditions within this document apply in perpetuity
1.11 We accept no responsibility or liability for any form of communication between the client and the contacts and organisations within data supplied by PSI. It is the client’s responsibility to ensure compliance regarding their activities with both these terms and any prevailing legislation pertinent to and connected with usage of the data supplied.
1.12 PSI takes all possible steps to ensure data accuracy and engages considerable resources, time and expenditure in the maintenance of the data. We cannot, however, guarantee the accuracy or usability of the data provided to the client and no discounts or refunds will be made available to the client for claimed inaccuracies. The deliverability of email addresses is specifically not guaranteed due to multiple factors beyond the control of PSI.
1.13 A purchase of a data license is based on the selections and consequent volume of records agreed at the point and date of order. Due to ongoing updating, industry changes, reorganisations and preference changes, the volume of records available may vary.
2. Data and License Protection
2.1 A number of seed names, organisations, phone numbers and email addresses as well as other false data items are included in all data supplied to clients as a means of monitoring usage, protecting contacts and safeguarding against misuse and use of data outside of the agreed data license period.
2.2 If any part of the data supplied is used outside of the agreed license or access period without authorisation from PSI, the client will be liable for fifteen times the original license or access cost, plus legal costs should this need to be enforced.
2.3 If any data is used without authorisation from PSI, where the purpose is to transfer the data to a third party, or in some other way used to benefit a third party, not approved by PSI, then the client will be liable for a charge equal to fifteen times the original license or access cost, plus legal costs should this need to be enforced. Each transfer to a different third party, or use for the benefit thereof, will be treated as a separate breach of these terms and charged accordingly.
3. Use of data for communication, including research and marketing
3.1 All communication made to contacts and organisations held in the data should be as relevant and targeted as possible and where contact data is used, should only be made where the communication is relevant to the position held by the contact and in connection with their influence and responsibilities connected with that position. No communication should be made or sent pertaining to the contact's personal life, personal requirements, finances, preferences or interests. Although we provide detailed data categorisation, consult on relevance at the time of order and offer further guidance during a license or access period, it is the clients responsibility to ensure all communications are relevant to contacts and organisations.
3.2 When using any means of communication facilitated by the data, the volume and type of communication should be proportionate, reasonable and not excessive. Use of the data by clients is monitored by PSI and we reserve the right to revoke access to, and the license for, data where we believe the communications conducted by a client are excessive, involve undue pressure or in some other way disadvantage contacts.
3.3 If a request is made by a contact or organisation to opt-out from future communication by a client, this should be respected and the client shall maintain a list of contacts or organisations that no longer wish to receive communication from them. It is the client’s responsibility for updating and using this list to suppress against any future communication activities.
3.4 All communication or marketing material sent to contacts or organisations within the data must pertain to the client (organisation) or nominated client (organisation) and not any other third party/organisation/external service without consent from PSI.
3.5 No data supplied is screened against the MPS, TPS, CTPS or any other preference service. The information is as supplied to us by the contact or their organisation. Appropriate screening of data must be done prior to any form of communication being made with contacts on the database.
4. Legal Jurisdiction
4.1 These terms are governed by English Law and Clients agree to submit to the exclusive jurisdiction of English Courts in the event of any dispute.
5. Access to Personal Data
If you wish, you can obtain a copy of any personal data we have about you by sending an email to firstname.lastname@example.org. We will endeavour to provide you, at no charge, with a readable copy of the personal data that we keep about you, within 30 days. We may require proof of your identity. If you consider that the information that we hold about you is incorrect, where appropriate, you may have the data erased, amended or completed.