Epsilon Platform Data Restrictions
The following terms apply to Client’s use of data licensed by Epsilon and/or an affiliated entity to Client (“Platform Data”). Platform Data may be defined as Platform Data, Agency Data, Epsilon Data, or another defined term in the underlying agreement. Capitalized terms not defined herein shall have the meaning ascribed to them in the underlying agreement:
- Epsilon may, at any time, impose restrictions on the Processing of the Platform Data: (a) to the extent they are imposed on Epsilon by third parties, or (b) to properly manage the integrity of the Platform Data and/or their Processing. Processing of the Platform Data is subject to compliance with all such restrictions.
- Client will only Process the Platform Data (a) in accordance with all applicable laws, rules, and regulations, as well as relevant self-regulatory guidelines and principles; and (b) to market Client’s own products and services.
- Client will not Process the Platform Data (a) outside of the United States; (b) for any purpose covered by the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq. (“FCRA”)), Federal Trade Commission or Consumer Financial Protection Bureau interpretations of the FCRA, and similar federal and state statutes; (c) in any manner that would make Epsilon a government contractor or sub-contractor; (d) in any manner that would make Epsilon a “first-tier entity,” “downstream entity,” or “related entity” as defined in the Center for Medicare Services regulations; (e) in connection with the administration of any government run program including, without limitation, Medicaid or Medicare; (g) in connection with any individual reference service application, skip tracing, electronic directory assistance or other e-data lookups, or verification of the accuracy of a record; (h) for any data for clinical trials or related clinical research purposes; or (i) to build a modeled audience of individuals inferred to have an attribute that is deemed sensitive data for any individuals that are residents of any states that prohibit the Processing of sensitive data without prior affirmative consent.
- Platform Data may not: (i) be re-identified, directly or indirectly; or (ii) to be modified, further developed or Processed to create any derivative products or services.
- To the extent Platform Data contains any location-based data, Client shall use such data for marketing purposes only.