Electric Marketing Terms & Conditions of Sale

  1. 1. Data is sold for the use of your organisation’s own marketing needs only and must not be used on behalf of any other organisation. Furthermore unless you are a list broker you must not sell, assign, licence the use of or give the data to any other organisation or allow it to be used for the benefit of any other organisation. If you are a list broker or an agency and have bought the data on behalf of a client, the data must be used by, or on behalf of that one client company only. Please provide the name of your client's company. If we find that you have passed this data on to a fourth party, you will be invoiced once for each company you have passed the data to, at the full price of the data. For the avoidance of doubt, using Electric Marketing data for lead generation for more than one client is a violation of these terms and conditions, regardless of whether the data is kept internally or provided to an external company, organisation or person, and if you are found to be doing this you will be invoiced once for each company for whom you use the data, at the full price of the list.
  2. 2. These are compiled mailing lists. They have been compiled using public resources such as company reports, press releases, trade magazines, business websites and trade journals. All contacts are informed by email that they are on a mailing list to comply with the General Data Protection Regulation's (GDPR) right to be informed. We check the information by calling the relevant company and speaking personally either to the contact, the contact's PA or someone associated with the contact. Each company is called twice a year. This data collection method complies with the GDPR. All email addresses are business addresses and therefore it is permitted to send emails on business matters only. It is not permitted to send emails to these addresses offering personal goods and services.
  3. 3. All emails you send using the data must include an option for the data subject to opt out of receiving further emails from your company i.e. a note on how to unsubscribe. All unsubscribe requests must be sent to your company, not Electric Marketing. If you receive an unsubscribe request, you must remove the data subject from your list and your company must not send them any further emails. This is a central part of the Privacy & Electronic Communications (EC Directive) Regulations 2003. To comply with GDPR you should also state that you are contacting the data subject using legitimate interests as your legal basis for processing and email marketing. You should also provide a link to your privacy notice and legitimate interests assessment and thereby inform the data subject that they are included on your mailing list.  
  4. 4. You can use the data as often as you wish, but bear in mind that data on large, dynamic businesses decays at a rate of 50% per year, so after 12 months, 50% of the names and addresses are likely to be incorrect as companies relocate and restructure, change their name or phone number and their people switch jobs and take promotions. For this reason we recommend that after six months you order an update of the list or carry out data maintenance yourself. GDPR requires you to keep the data up-to-date.
  5. 5. To legitimately use this data for more than six months, please take up the option to have updates of this mailing list sent to you each quarter. The price is 10% of the original purchase price for three quarterly updates. The selection criteria for the list remains the same for all three updates. Regularly updating your data helps you comply with GDPR.
  6. 6. Refunds of 50p per contact are given for every wrongly addressed envelope that is returned to you by Royal Mail. To be eligible for refunds data must be used by you within four weeks of purchase and envelopes must have the Royal Mail's red 'undeliverable' sticker on them. Envelopes returned because the contact does not wish to be contacted by your company are not eligible for refunds. We will verify with the data subject that information supplied was incorrect before issuing the refund. 
  7. 7. We guarantee the accuracy of our email address lists. For any ‘hard bounces’, we will refund the price you paid per email address. All you have to do is supply us with the inaccurate addresses; we will check that they are ‘hard bounces’ i.e. not rejected by server filters or due to connectivity problems and providing we supplied the data within the previous 14 days, we’ll happily update the records that we can correct and refund your payment for any that cannot be corrected. An email can be rejected by anti-spam software and can be returned undeliverable because a server is temporarily down or your target's inbox is full.
  8. 8. Orders cannot be cancelled once the data has been sent to you. If you are unsure about what you are buying, please call us to discuss it beforehand. If you are not happy with your data once you have received it, again, please call us. 
  9. 9. Electric Marketing is not responsible for any consequences of your use of the data.  
  10. 10. Electric Marketing is a data supplier and cannot offer technical support for your use of the data.

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