LeadDesk Contacts Special Terms and Conditions
These LeadDesk Contacts Special Terms and Conditions shall apply to provision of the LeadDesk Contacts (as defined below) provided by LeadDesk Oy (business ID 2299022-8) or, as the case may be and as specified in the relevant order form or agreement, its affiliate or distributor (hereinafter "Supplier") to the Customer under the Order Form or other agreement (the "Agreement") that incorporates these LeadDesk Contacts Special Terms and Conditions, as well as to LeadDesk Contacts otherwise provided by Supplier to the Customer. Any referral to "Agreement" shall include these LeadDesk Contacts General Terms and Condition.
The capitalized terms shall have the meanings ascribed to such terms in the LeadDesk General Terms and Conditions and in the following:
"LeadDesk Contacts" shall mean an online service whereunder Supplier provides directory inquiry services (as defined in Chapter 23 of the Information Society Code (917/2014) or other services whereunder Supplier makes available to Customer consumer or business contact information for the purposes of Customer’s customer database maintenance and/or direct marketing, pursuant to Customer's requests from time to time.
2.1 Supplier may, at Customer's request, make available to the Customer LeadDesk Contacts service. The service can be accessed, as determined by Supplier from time to time, either through the SaaS platform provided by Supplier, or separately as an online service, as the case might be.
2.2 The Customer is granted a limited, non-exclusive and non-transferrable right to use the contact information obtained through LeadDesk Contacts pursuant to more specific use guidelines made available by LeadDesk with respect to contact information obtained. The Customer may not use the contact information in any other way as pursuant to LeadDesk use guidelines.
2.3 The Customer may not transfer, assign, disclose or sublicense the LeadDesk Contacts service or contact information obtained through the service to any third party, other than subcontractors utilising the contact information on behalf of the Customer.
2.4 When providing the general directory inquiry service to Customer, the Supplier acts in a role of a provider of directory services under Chapter 23 of the Finnish Information Society Code (917/2014), and processes the relevant personal data pursuant to the said Chapter 23 (including but not limited to Section 197 of the Finnish Information Society Code).
3 USE OF CONTACT DATA
3.1 The Customer may use the LeadDesk Contacts only in compliance with all applicable data protection laws and any other regulations, and the Customer is solely responsible for its own compliance of such laws and regulations. The Customer warrants that it shall ensure in each time prior to commencing the processing of personal data obtained through LeadDesk Contacts that it has a right, as a controller, to process such personal data, and that it has carried out or will carry out necessary measures for full compliance with applicable data protection laws and other regulations.
3.2 For the avoidance of doubt, Customer shall process the personal data included in the LeadDesk Contacts only to the extent and for the duration permitted by applicable data protection laws and ensure the security and confidentiality of the LeadDesk Contacts. As a data controller the Customer shall be solely responsible for its own use of the LeadDesk Contacts. Upon the Supplier’s request the Customer shall provide reasonable documentation demonstrating that the Customer is in compliance with all applicable data protection laws.
3.3 In relation to all telemarketing, direct marketing and other marketing performed by the Customer or a subcontractor of Customer by using LeadDesk Contacts, the Customer ensures that all applicable data protection and consumer protection laws and other laws are complied with, including required notifications on data source. When notifying LeadDesk Contacts as the data source, the Customer shall comply with instructions given by LeadDesk from time to time.
3.4 The Customer undertakes to not erase, cover or delete any possible ownership and/or copyright labelling from the LeadDesk Contacts.
3.5 The Customer shall (i) always inform its employees and subcontractors and other concerned data subjects, (ii) compile any necessary data file descriptions and (iii) make any necessary notifications to any relevant data protection authorities required in order for the Parties' to legally process personal data for the purposes set forth herein in accordance with the requirements set out by applicable law.
3. 6 In case the Customer violates the terms of this agreement or use guidelines made available by LeadDesk, LeadDesk shall have a right to prohibit use of the contact information, request deletion of the contact information, and take other necessary measures to prevent further prohibited use of the contact information.
4 NO WARRANTY
4.1 Supplier warrants that it has a right to provide LeadDesk Contacts service.
4.2 Other than what is set out above in Section 4.1, the LeadDesk Contacts service shall be provided on an "as is" basis. Supplier makes no representations, warranties or guarantees regarding the LeadDesk Contacts service and disclaims all implied and express warranties and representations, including without limitation warranties of merchantability, fitness for a particular purpose and non-infringement.
4.3 Supplier does not warrant that the LeadDesk Contacts service will meet or fulfil Customer's requirements, expectations or purposes of use, or that the LeadDesk Contacts service or the contact information obtained through the service ewill be free of defects or errors or interruptions.