Third-Party Marketing Data License Terms

1. Roles of the parties

The independent data provider compiles, maintains, and licenses the underlying marketing information. Plavidian receives the selected records from the data provider and processes them for the customer's authorized project. Plavidian's processing may include postal standardization, address updating, NCOA processing, deduplication, householding, suppression, segmentation, formatting, variable-data preparation, printing, addressing, mailing, reporting, and production quality control.

Plavidian is not the original compiler or owner of the underlying provider database. Plavidian does not independently resell or use provider-supplied records for unrelated marketing, profiling, or advertising purposes. The customer receives only the limited-use rights stated in the applicable order, insertion order, data-provider terms, and these Data License Terms.

2. Limited license and one-time use

Unless an insertion order or written license expressly provides otherwise, provider-supplied information is licensed for one-time use in the specific authorized campaign or project. The authorized use must occur within one year after the data is licensed unless a shorter period is stated in the order or provider instructions.

A separate license is required for: a second mailing; a later campaign; reuse by another customer or organization; use through another communication channel; transfer to another vendor; storage for future marketing; incorporation into a permanent customer database; or any other use outside the original project. Payment for data does not transfer ownership of the provider's database or create a perpetual right to use the records.

3. Permitted disclosure

The customer may disclose the licensed records only to employees, consultants, agents, printers, mailers, and other service providers who require access to complete the authorized project; are subject to confidentiality and security obligations; use the data only for the authorized project; do not independently retain, reuse, sell, share, or disclose the records; and comply with these terms and all applicable provider restrictions.

The customer may not sell, sublicense, publish, distribute, transfer, or otherwise make the records available to another person or organization unless expressly authorized in writing and the recipient agrees in writing to restrictions at least as protective as these terms.

4. Customer compliance responsibilities

The customer is solely responsible for: the legality and appropriateness of its communication; its selection and targeting criteria; compliance with federal, state, and local privacy laws; providing legally required privacy notices; honoring applicable consumer requests and opt-outs; maintaining internal suppression files; complying with political, charitable-solicitation, advertising, telemarketing, email, and consumer-protection laws; ensuring that all statements in the communication are lawful and accurate; and ensuring that its use complies with its own privacy policies and representations. Plavidian does not become the customer's privacy officer or assume the customer's statutory obligation to receive, evaluate, or determine consumer requests.

5. Prohibited uses

Provider-supplied information may not be used: as a consumer report; to determine eligibility for credit, employment, insurance, housing, or another purpose regulated by the Fair Credit Reporting Act; to prepare a database comparison, statistical product, directory, compilation, enhancement, or verification product that will be sold, rented, published, furnished, or provided to another party; to build, supplement, enhance, correct, or delete from a mailing list or other database that will be commercially distributed to another party; for unlawful discrimination, harassment, stalking, fraud, identity theft, or surveillance; to advertise or promote unlawful or illicit activities; for pornographic or sexually explicit products or services; for unlawful drugs, weapons, ammunition, gambling, pirated products, payday loans, credit-repair schemes, deceptive work-from-home offers, or get-rich-quick schemes; to distribute hate speech, threats, harassment, blatant bigotry, or material promoting hatred against a protected group; or for any use prohibited by the applicable insertion order or data-provider instructions.

The customer may not tell or imply to a recipient that the sender knows a particular lifestyle, demographic, financial, behavioral, or other selection attribute about that recipient, except where legally required. Marketing materials may not disclose the source of a recipient's record or identify the criteria used to select that recipient, except where required by law.

6. Lifestyle information

Consumer lifestyle information may not be used for telemarketing. Lifestyle, demographic, and modeled attributes are estimates or inferences and must not be represented as verified facts about a particular person.

7. Direct-mail materials and recordkeeping

The customer must retain a complete copy of each mailpiece or other marketing communication used with the licensed data for at least six months after the mailing or deployment date. The customer must provide a copy to Plavidian or the applicable data provider upon reasonable request. Plavidian may retain a production proof, PDF, sample, or job record to document the authorized use.

8. Automobile information

When licensed information includes automobile or vehicle data, the customer may not disclose a Vehicle Identification Number in a mailpiece, an email, an advertisement, a telephone communication, or another marketing communication. Automobile information may not be used in violation of the Driver's Privacy Protection Act or another applicable vehicle-record law.

9. Email data

When an order includes email addresses or an email append, the customer and designated sender must: maintain an accurate suppression file containing prior unsubscribe and opt-out requests; scrub the licensed email addresses against the sender's suppression file before deployment; refrain from sending to any person who previously opted out from the sender's commercial email; identify the lawful sender; include a valid physical postal address; use accurate and nondeceptive routing information, sender information, and subject lines; provide a clear and functional unsubscribe mechanism; keep that mechanism available for at least 30 days after deployment; honor unsubscribe requests within the period required by law; comply with CAN-SPAM and other applicable laws; refrain from including malicious code; comply with the sender's privacy policy; and refrain from unlawful, deceptive, defamatory, infringing, prohibited, or hateful content.

Unsubscribed email addresses may be retained and used only as necessary to suppress future communications. The customer must provide deployment, bounce, delivery, and unsubscribe information when required by the provider's license or insertion order.

10. Consumer privacy requests

The customer remains responsible for receiving, verifying, evaluating, and responding to privacy requests relating to the customer's use of the licensed records. Requests concerning the accuracy, source, correction, deletion, opt-out, or underlying compilation of an independent data provider's database should ordinarily be directed to that provider through its designated privacy-request process.

When Plavidian receives a request relating to provider-supplied data, Plavidian may ask for information needed to identify the relevant customer, mailing, or provider; direct or forward the request to the responsible customer or data provider; suppress the record from an active project when instructed or legally required; assist the responsible party as required by contract and law; and retain a limited suppression or compliance record where permitted. Plavidian does not independently alter the data provider's source database. Where Plavidian processes personal information as a service provider or contractor, it is generally not required to independently fulfill a deletion request sent directly by a consumer, but it will cooperate with the responsible business under the governing contract.

11. Data security and access restrictions

The customer must maintain reasonable administrative, technical, and physical safeguards appropriate to the nature of the information. The customer must limit access to authorized personnel; use secure transmission and storage; prevent unauthorized downloads and copying; protect account credentials; notify Plavidian promptly of suspected unauthorized access; securely delete the records when the license expires; and require authorized vendors to maintain equivalent protections.

12. Foreign-adversary and cross-border restrictions

The customer may not knowingly transfer, provide, disclose, or make provider-supplied personal information available to a country of concern, covered person, foreign adversary, or entity owned, controlled by, or acting on behalf of such a party when the transfer is prohibited or restricted by applicable United States law. The customer must obtain Plavidian's written approval before providing licensed records to personnel, vendors, affiliates, systems, or facilities located outside the United States. The customer is responsible for determining whether a proposed transfer is governed by federal restrictions concerning access to bulk United States sensitive personal data or government-related data.

13. Data accuracy and disclaimer

Third-party marketing data is provided "as is." Neither Plavidian nor the independent data provider guarantees that every record is current; every address, telephone number, or email address is accurate or deliverable; the database is complete; every selected characteristic is correct; modeled information is true for a particular person; every recipient remains eligible for the selected audience; or use of the data will produce a particular response or result. Counts may change between the date of inquiry and final fulfillment. Records may be removed through suppression, address processing, deduplication, licensing restrictions, geographic validation, or provider updates.

14. Retention and destruction

Plavidian may retain licensed data only for the period reasonably necessary to complete the authorized project; resolve production or delivery issues; maintain short-term backups; document fulfillment; satisfy legal or contractual obligations; and enforce the applicable license. After the applicable period, Plavidian will delete, return, or make the data inaccessible in accordance with its retention schedule and the provider agreement. The customer must delete all copies when the authorized use or license period ends, except for suppression records or other limited information that lawfully must be retained for compliance.

15. Suspension and enforcement

Plavidian may suspend access to data, halt production, refuse an order, or require deletion when it reasonably believes that the data is being used outside the license; the customer lacks lawful authority; the communication contains prohibited content; privacy or suppression obligations are not being honored; an unauthorized disclosure has occurred; the customer is violating applicable law; or the data provider instructs Plavidian to suspend use. A violation may result in termination, injunctive relief, damages, indemnification obligations, and recovery of reasonable enforcement costs as permitted by the governing agreement and law.

16. Customer acceptance

By approving an order involving third-party marketing data, the customer confirms that it has reviewed these terms; agrees to the applicable provider restrictions; has authority to bind the organization using the data; will use the information only for the authorized project; will not reuse or redistribute the records without a new license; and accepts responsibility for the legality of the communication and audience selection.

17. Contact

Questions about these Data License Terms may be directed to: Plavidian, Campbell Campaign Services, LLC, 2210 E Vista Way Ste 6, Vista, CA 92084  ·  info@plavidian.com  ·  760-666-3130.