HEADS OF AGREEMENT – DATA USE AGREEMENT

THIS AGREEMENT is made between:

• 4GLOBAL CONSULTING LIMITED incorporated and registered in England and Wales with company number 04574194 whose registered office is at Building 3 Chiswick Park, 566 Chiswick Park Road, London W4 5YA (the "Company"), which administers the ‘DataHub’ database and platforms; and
• The entity on behalf of which this Agreement is accepted by the Master User (the "Client").

CLIENT DATA SHARING ARRANGEMENTS

The parties wish to enter into a relationship whereby the Client will share various Client Data (including Personal Data) with the Company for the purpose of enabling the Company to add that Client Data to an online database (marketed as the ‘DataHub’) which will be used to provide various Services to the Client and/or third parties (as set out in the Services Agreement).

The provision of those Services relies on certain types of data being captured, provided to the Company, and stored and processed within its online database. Initially that data will include data which relates to Bookings (activities/courses booked, tickets sold, etc.); Sessions (types, capacity, times, instructors, etc.); Sales (bookings, income, spending, etc.); Memberships (numbers, types, dates, etc.); Location/Premises (opening hours, addresses, etc.); Access (access points, access times, etc.); Individuals (names, e-mail addresses, phone numbers, contact preferences, dates of birth, etc.); and, from time to time, details about other relevant aspects of your business operations (such as details about your facilities) – which, taken together, shall be referred to as “Client Data” in this document. By its nature, that Client Data will identify living individuals who have had dealings with the Client.

The Client accepts that, depending on how it chooses to engage with the Services, that the list given above may change from time to time. The Client will always have the ability to view the categories of data which it provides to the Company by using the ‘Account Management’ function within the Datahub, where they will be given options to restrict and exclude the types of data that they provide to the Company for Processing.

Some Services offered by the Company may enable the Client to send marketing communications to individuals. Where such services are offered the Client will have the option at any time to turn off those aspects of the service which cause individual contact details to be sent from the Client to the Company. Marketing communications will only be sent by the Company where the Client instructs it to do so.

Both parties to this Agreement are clear that the Company will comply with its obligations to treat all such Client Data lawfully; including (where applicable) by taking steps to anonymise any aspect of the Client Data which may be made available to third parties (e.g. by providing only high-level aggregated statistics which relate to that data to third parties), storing it securely, and refraining from contacting individual customers/members of the Client without the Client’s specific prior authorisation to do so.

Further to the above, the Client will be given options (provided via the Company’s software portal) to independently restrict and control the distribution of its data from the Account Management section in DataHub. The parties acknowledge that for the purposes of Data Protection Legislation that Client shall be a Data Controller in respect of all Client Data which Client collates; and that Company shall be a Data Processor in respect of any Personal Data transferred to it.

The Client hereby grants to the Company a licence to use the Client Data for the provision of the Services described above. The parties agree that the use of Client Data, and the relationship between them more generally, will be governed by the Company’s standard terms of business, which are set out in the Company’s Data Use Agreement (https://www.datahubclub.com/docs/DH_Agreements_DUA.pdf) and, where relevant, the Service Agreement (https://www.datahubclub.com/docs/DH_Agreements_SAAS.pdf).