Terms of Business

TFLI LIMITED (“TFLI”)

STANDARD TERMS OF BUSINESS

The following definitions and rules of interpretation shall apply in these Terms and Conditions.

Affiliate Provider: means any third party that TFLI may engage to market the Customer Products. 

Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

Change Request: shall have the meaning at clause 3.2.

Charges: means the sums payable by the Customer for the supply of the Services (as defined in the Insertion Order).

Contract: the contract between the Customer and TFLI for the supply of the Services in accordance with the Insertion Order and these Terms and Conditions.

Control: has the meaning given in section 1124 of the Corporation Tax Act 2010, and the expression change of control shall be construed accordingly.

Customer Materials: all materials, documentation, specifications, and data supplied by the Customer to TFLI, for the purpose of producing the Marketing Materials.

Customer Products:  means a product or service provided by the Customer.

Delivered:  means effective delivery of a Lead to the Customer’s system primarily by API feed or, if agreed in advance between TFLI and the Customer, by email. 

Exclusive Leads:  will be sold exclusively to the Customer.

FCA:  means the Financial Conduct Authority and its successors from time to time.

Intellectual Property Rights: patents, utility models, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Invalid Lead: has the meaning at clause 4.2.

Lead: as defined in the Insertion Order.

Lead Data: means the data and information comprising the Lead which will as a minimum contain the full name, email address, telephone number, and post code of the Lead Subject;

Lead Subject: means, as applicable, the Data Subject (as defined in the GDPR) or legal person or other organisation or body who has made the request for quotes or information comprising the Lead.

Lead Volume: as defined in the Insertion Order.

Marketing Materials:  means all, but not limited to, documents, products, materials, websites, email, pop-up, cookie, advertisement, social media campaign, pay per click (PPC), or short message service (SMS) or any other materials developed by TFLI or its agents, subcontractors and personnel as part of or in relation to the Services in any form to be used by TFLI or any Affiliate Provider that refer to the Customer or are otherwise used for the purpose of generating Leads and/or marketing the Customer Products.

Regulator” means the FCA, the Information Commissioner’s Office, the Competition and Markets Authority, the Advertising Standards Agency and any other competent authority with respect to Applicable Financial Services Regulations, EU Data Protection Law or advertising standards;

Services: the services, including without limitation any Marketing Materials, to be provided by TFLI to the Customer, as specified in the Insertion Order.

Shared Leads:  shared Leads may be resold by TFLI up to a maximum of four (4) other partners  in addition to the Customer.

  1. TFLI IPRs: all Intellectual Property Rights subsisting in the Marketing Materials excluding any Customer Materials incorporated in them. 

 

2. TFLI Portal: TFLI’s online lead rejection portal to be accessed by the Customer to reject Invalid Leads. Interpretation:

a) A reference to legislation or a legislative provision:

i. is a reference to it as amended, extended or re-enacted from time to time; and

ii. shall include all subordinate legislation made from time to time under that legislation or legislative provision.

iii. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

iv. A reference to writing or written includes email.

3. Services

3.1. TFLI shall provide the Services to the Customer as set out in the Insertion Order.  

3.2. TFLI will supply Leads to the Customer at the Lead Volume. Any application for changes to the Insertion Order, including total volume requests or cancellation requests must be made via email to your account manager and the Customer must allow 2 Business Days’ notice for the changes to be implemented by TFLI, all change requests will be subject to volume availability. 

3.3. Leads will be Delivered within agreed hours and supplied via the agreed method (API, email etc). 

3.4. TFLI shall ensure that each Lead provided to the Customer contains the Lead Data.

 

4. Web Management and Lead Data

4.1. If applicable, TFLI will agree in writing to a set number (%) of Lead rejections against your Lead Volume for Invalid Leads.  Invalid Lead rejections can only be made via the TFLI Portal and cannot exceed the agreed percentage of the Leads purchased over the set number of Business Days.   Leads rejected outside of the agreed percentage will not be replaced and will be included within your order and will be included within the Charges payable.

4.2. Invalid Leads taken into account by TFLI include:-

a) the relevant Lead Data is incorrect such that the Lead Subject is not identifiable on the basis of that Lead Data;

b) the Lead Data is fictitious (for example, the Lead Data identifies the Lead Subject as “Mickey Mouse”); and

c) the Lead does not contain a syntactically valid contact telephone number;

(each, an “Invalid Lead“).

4.3. If the Customer considers a Lead to be an Invalid Lead, and such a Lead has not already been considered as an Invalid Lead by TFLI, the Customer shall report the Invalid Lead to TFLI via the TFLI Portal within 10 Business Days.  If the Customer fails to do this, they accept that all Leads for the period are valid and chargeable. 

4.4. TFLI will validate Lead Data telephone numbers using the Home Location Register (HLR) service and will use domain look up on email addresses (if applicable) in real time supply to further prevent lead rejection as far as is reasonably practicable.

4.5. At the Customer’s request, and if specified in the Insertion Order, TFLI shall provide the Customer with a report stating the total number of Leads Delivered for that month.

5. Supply of Services and Insertion Order

5.1. TFLI shall supply the Services to the Customer from the date of the Insertion Order in accordance with the Insertion Order and these Terms and Conditions.

5.2. These Terms and Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing. 

5.3. In supplying the Services, TFLI shall:

a) perform the Services with reasonable care and skill;

b) perform the Services in accordance with the specification detailed in the Insertion Order. 

c) comply with all applicable laws, statutes, regulations and good industry practice from time to time in force, provided that TFLI shall not be liable under the Contract if, as a result of such compliance, it is in breach of any of its obligations under the Contract.

d) take reasonable care of all Customer Materials in its possession and make them available for collection by the Customer on reasonable notice and request, always provided that TFLI may destroy the Customer Materials if the Customer fails to collect the Customer Materials within a reasonable period after termination of the Contract; and

e) continue during the Contract to be authorised by the FCA for the purposes of providing the Services.

6. Customer’s obligations

6.1. The Customer shall: 

a) co-operate with TFLI in all matters relating to the Services;

b) provide to TFLI, its Affiliate Providers, consultants and employees, in a timely manner and at no charge, such Customer Materials as TFLI may require in order to provide the Services and substantiate advert content, including but not limited to, relevant rates, price points and unique selling points and ensure that such information is accurate and complete in all material respects; and 

c) provide TFLI with such management information as TFLI requests including, but not limited to, sales information, outcome of Leads, number of Leads contacted by the Customer and conversion rate sales data on a monthly basis or within three (3) Business Days from TFLI’s email to the Customer representation (as included on the Insertion Order) requesting such management information.

6.2. If TFLI’s performance of its obligations under the Contract is prevented or delayed by any act or omission of the Customer, its agents, subcontractors, consultants or employees, TFLI shall: 

a) not be liable for any costs, charges or losses sustained or incurred by the Customer that arise directly or indirectly from such prevention or delay;

b) be entitled to payment of the Charges despite any such prevention or delay; and

c) be entitled to recover any additional costs, charges or losses TFLI sustains or incurs that arise directly or indirectly from such prevention or delay.

7. Data protection 

The parties shall comply with their data protection obligations set out in Schedule 1.

8. Intellectual property

8.1. TFLI and its licensors shall retain ownership of all TFLI IPRs. The Customer and its licensors shall retain ownership of all Intellectual Property Rights in the Customer Materials.

8.2. TFLI grants the Customer or shall procure the direct grant to the Customer of, a fully paid-up, worldwide, non-exclusive, royalty-free, licence to copy TFLI IPRs for the purpose of receiving and using the Services and the Marketing Materials in the Customer’s business during the term of the Contract. 

8.3. The Customer grants TFLI a fully paid-up, worldwide, non-exclusive, royalty-free, non-transferable licence to copy and modify the Customer Materials for the term of the Contract for the purpose of providing the Services to the Customer in accordance with the Contract.

8.4. The Customer shall indemnify TFLI in full against any sums awarded by a court against TFLI arising of or in connection with any claim brought against TFLI for infringement of a third party’s rights (including any Intellectual Property Rights) arising out of, or in connection with, the receipt or use of the Customer Materials by TFLI.

9. Charges and payment

9.1. In consideration for the provision of the Services, the Customer shall pay TFLI the Charges in accordance with this clause 9. 

9.2. All amounts payable by the Customer exclude amounts in respect of value added tax (VAT), which the Customer shall additionally be liable to pay to TFLI at the prevailing rate (if applicable), subject to receipt of a valid VAT invoice (if applicable). 

9.3. TFLI shall submit invoices for the Charges plus VAT (if applicable) to the Customer at the intervals specified in the Insertion Order. Each invoice shall include all reasonable supporting information required by the Customer.

9.4. The Customer shall pay each invoice due and submitted to it by TFLI as specified in the Insertion Order to a bank account nominated in writing by TFLI.

9.5. If the Customer fails to make any payment due to TFLI under the Contract by the due date for payment, then, without limiting TFLI’s remedies under clause 11 (Termination):

a) the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%; and

b) TFLI may suspend all Services until payment has been made in full. 

9.6. All amounts due under the Contract from the Customer to TFLI shall be paid by in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). 

9.7. TFLI reserves the right to increase the Charges on an annual basis with effect from the first anniversary of the date of the Contract by giving the Customer 4 weeks notice of any increase in Charges.

10. Limitation of liability: THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.

10.1.TFLI has obtained insurance cover in respect of its own legal liability with a reputable insurance cover the following insurance policies:-

a) public liability insurance for an amount of £10 million (ten million pounds) on an aggregate annual basis; and

b) employer’s liability insurance for an amount of £5 million (five million pounds) on an aggregate annual basis; 

The limits and exclusions in this clause reflect the insurance cover TFLI has been able to arrange and the Customer is responsible for making its own arrangements for the insurance of any excess loss.

10.2. References to liability in this clause 10 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation , restitution or otherwise. 

10.3. Nothing in this clause 10 shall limit the Customer’s payment obligations under the Contract.

10.4. Nothing in the Contract limits any liability which cannot legally be limited, including but not limited to liability for:

      1. death or personal injury caused by negligence;
      2. fraud or fraudulent misrepresentation; and
      3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession). 

 

 10.5. Subject to clause 10.2 (No limitation in respect of deliberate default), clause 10.3 (No limitation on customer’s payment obligations) and clause 10.4 (Liabilities which cannot legally be limited):

    1. a) TFLI’s total liability to the Customer:
    2. i. for loss arising from TFLI’s failure to comply with its data processing obligations under clause 7 (Data protection) shall not exceed £1,000,000 in aggregate annually; and
    3. ii. for all other loss or damage shall not exceed the total Charges that the Customer paid to TFLI during the 12 month period immediately before the date on which the liability arose.

 

10.6. Subject to clause 10.2 (No limitation in respect of deliberate default), 10.3 (No limitation on customer’s payment obligations) and 10.4 (Liabilities which cannot legally be limited), this clause 10.6 sets out the types of loss that are wholly excluded:

  1. a) loss of profits;
  2. b) loss of sales or business;
  3. c) loss of agreements or contracts;
  4. d) loss of anticipated savings;
  5. e) loss of use or corruption of software, data or information;
  6. f) loss of or damage to goodwill; and
  7. g) indirect or consequential loss.

 

10.7. Unless the Customer notifies TFLI that it intends to make a claim in respect of an event within the notice period, TFLI shall have no liability for that event. The notice period for an event shall start on the day on which the Customer became, or ought reasonably to have become, aware of the event having occurred and shall expire 3 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.

11. Termination

11.1.Without affecting any other right or remedy available to it, either party to the Contract may terminate it with immediate effect by giving written notice to the other party if:

a) the other party commits a material breach of any term of the Contract which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 20 days after being notified in writing to do so; 

b) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction; 

c) the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or

d) the other party’s financial position deteriorates to such an extent that in the terminating party’s reasonable opinion the other party’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.

11.2.Without affecting any other right or remedy available to it, TFLI may terminate the Contract with immediate effect by giving written notice to the Customer if:

a) the Customer fails to pay any amount due under the Contract on the due date for payment; or

b) there is a change of control of the Customer.

11.3.On termination of the Contract for whatever reason:

a) the Customer shall immediately pay to TFLI all of TFLI’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, TFLI may submit an invoice, which shall be payable immediately on receipt; 

b) any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect; and

c) termination of the Contract shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.

12. General

12.1.Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.

12.2.Assignment and other dealings.

a) The Customer shall not assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract without TFLI’s prior written consent. 

b) TFLI may at any time assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights under the Contract.

12.3.Confidentiality.

a) Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 12.3(b). 

b) Each party may disclose the other party’s confidential information:

i. to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Contract. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 12.3; and

ii. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

iii. Neither party shall use any other party’s confidential information for any purpose other than to perform its obligations under the Contract.

12.4. Entire agreement. 

a) The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

b) Each party acknowledges that in entering into the Contract it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract.

12.5. Variation. No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives). 

12.6. Changes to these Terms and Conditions. TFLI may amend these terms and conditions from time to time.  Please check these terms to ensure you understand the terms that apply at that time.  These terms were most recently updated in February 2024.

12.7. Waiver. 

a) A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

b) A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.

12.8. Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 12.8 shall not affect the validity and enforceability of the rest of the Contract.

12.9. Notices.  

a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be:

i. delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or 

ii. sent by email to the address specified in the Insertion Order.

b) Any notice shall be deemed to have been received:

iii. if delivered by hand, at the time the notice is left at the proper address;

iv. if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or

v. if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause v, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

c) This clause 12.9 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution. 

12.10.Third party rights. 

a) the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

b) The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.

12.11. Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England and Wales.

12.12.Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

 

Schedule 1 – Data Protection

This Data Protection Schedule (the “Schedule”) is intended to comply with Article 28(3) of the UK GDPR (as defined below), which requires the Processing (as defined below) of Personal Data (as defined below) to be governed by a contractual arrangement.  This Schedule is part of and incorporated into the Standard Terms of Business.

Part A – Operative Provisions

DEFINITIONS

Applicable Laws: means:

a)To the extent the UK GDPR applies, the law of the United Kingdom or of a part of the United Kingdom.

b)To the extent EU GDPR applies, the law of the European Union or any member state of the European Union to which the Supplier is subject.

Applicable Data Protection Laws: means:

a)To the extent the UK GDPR applies, the law of the United Kingdom or of a part of the United Kingdom which relates to the protection of personal data.

b)To the extent the EU GDPR applies, the law of the European Union or any member state of the European Union to which the Supplier is subject, which relates to the protection of personal data.

EU GDPR: the General Data Protection Regulation ((EU) 2016/679).

UK GDPR: has the meaning given to it in the Data Protection Act 2018. 

TFLI Data: any personal data which TFLI processes in connection with the Contract, including the Leads and associated Lead Data. 

  1. Data protection

1.2. For the purposes of this Schedule, the terms controller, processor, data subject, personal data breach and processing shall have the meaning given to them in the UK GDPR.

1.3. Both parties will comply with all applicable requirements of the Applicable Data Protection Laws.  This Schedule is in addition to, and does not relieve, remove, or replace a party’s obligations or rights under Applicable Data Protection Laws.

1.4. The parties have determined that, for the purposes of Applicable Data Protection Laws that TFLI will disclose the TFLI Data to the Customer to process strictly for the purposes defined in the Contract (or otherwise agreed by the parties) (the “Permitted Purpose”).  TFLI shall process the TFLI Data to the extent necessary for the provision of the Services and shall ensure that such data does not contain any special categories of personal data.

1.5. Should the determination in paragraph 1.3 change, then each party shall work together in good faith to make any changes which are necessary to this Schedule.

1.6. By entering into the Contract, the Customer consents to (and shall procure all required consents, from its personnel, representatives and agents, in respect of) all actions taken by TFLI in connection with the processing of TFLI Data, provided these are in compliance with the then-current version of the TFLI’s privacy policy available at [COMPANY WEBSITE URL] (Privacy Policy). In the event of any inconsistency or conflict between the terms of the Privacy Policy and this agreement, the Privacy Policy will take precedence.

1.7. TFLI will obtain from each Lead Subject any necessary consent for the Customer to contact the Lead Subject by email and or/telephone in order to provide the quote or information for the Customer Product that the Lead Subject has requested. 

1.8. The parties acknowledge that TFLI is a controller of the TFLI Data it discloses to the Customer, and that the Customer will process the TFLI Data it receives from TFLI as a separate and independent controller strictly for the Permitted Purpose.  In no event will the parties process the TFLI Data as joint controllers.

1.9. Without prejudice to clause 1.2, the Customer will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the TFLI Data for the duration and purposes of the Contract.

1.10.Each party shall be individually and separately responsible for complying with the obligations that apply to it as a controller under Applicable Data Protection Law.  In particular (and without limitation): 

a) TFLI shall be responsible for complying with all necessary transparency and lawfulness requirements under Applicable Data Protection Law in order to disclose the TFLI Data to the Customer to process for the Permitted Purpose; and 

b) the Customer shall be separately and independently responsible for complying with Applicable Data Protection Law in respect of its processing of the TFLI Data it receives from TFLI.

1.11.Without prejudice to the TFLI’s obligations under Clause 1.9(a), TFLI shall ensure that the identity of the Customer and such other information as the Customer may require is included on TFLI’s website at the point the Lead Subject consents to provide their details, including any information the Customer may require to be provided for the purposes of the Customer’s compliance with Article 14 of the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003. 

1.12.TFLI shall implement technical and organisational measures, to protect the TFLI Data from: (i) accidental or unlawful destruction, and (ii) loss, alteration, unauthorised disclosure of, or access to the Data (each, a “Security Incident”). In implementing such measures, TFLI shall have regard to the state of technological development and the cost of implementing the measures, so as to ensure a level of security appropriate to: 

a) the harm that may result from unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data; and 

b) the nature of personal data to be protected.

1.13.TFLI shall implement appropriate technical and organisational measures (as a minimum in accordance with good industry practice) to identify, report, mitigate and remedy Security Incidents. TFLI shall inform the Customer within twelve (12) hours of becoming aware of an actual or potential Security Incident and shall provide all such timely information and cooperation as the Customer may require in order for the Customer to fulfil its data breach reporting obligations under (and in accordance with the timescales required by) Applicable Data Protection Law.  TFLI shall further take all such measures and actions as are necessary to remedy, mitigate or prevent the effects of the actual or potential Security Incident and shall keep the Customer informed of all developments in connection with the actual or potential Security Incident. 

1.14.TFLI may, at its election, appoint third party processors to process TFLI Data for the Permitted Purpose, provided that such processors: (a) agree in writing to process the TFLI Data in accordance with the TFLI’’s documented instructions; (b) implement appropriate technical and organisational security measures to protect the TFLI Data against a Security Incident; and (c) otherwise provide sufficient guarantees that they will process the TFLI Data in a manner that will meet the requirements of Applicable Data Protection Law.

1.15.TFLI shall not process any TFLI Data (nor permit any TFLI Data to be processed) in a territory outside of the European Economic Area (“EEA“) unless it has taken such measures as are necessary to ensure the transfer is in compliance with Applicable Data Protection Law.  

1.16.TFLI shall provide all reasonable and timely assistance (including by appropriate technical and organisational measures) to the Customer (at no additional cost to the Customer) to enable the Customer to respond to: (i) any request from a data subject to exercise any of its rights under Applicable Data Protection Law (including its rights of access, correction, objection, erasure and data portability, as applicable); and (ii) any other correspondence, enquiry or complaint received from a data subject, regulator or other third party in connection with the processing of the TFLI Data. In the event that any such request, correspondence, enquiry or complaint is made directly to TFLI, TFLI shall promptly inform the Customer providing full details of the same.

1.17.Without prejudice to the generality of this clause 1, TFLI shall immediately inform the Customer of any opt-outs or withdrawal of consent to direct marketing made by a data subject to TFLI or an Affiliate Provider.

 

Part B  Data Processing Details 

  1. Particulars of Processing

Processing of the TFLI Data under this Contract shall be for the subject matter duration , nature and purposes and involve the types of Personal Data and categories of Data Subjects set out in this Part B.

2. Scope

The Personal Data will be Processed for the duration of the Contract, to the extent necessary to enable the Services to be provided in accordance with the Contract. 

3. Nature and Purpose of processing

Personal Data is processed to the extent necessary to enable the Services to be provided by TFLI in accordance with the terms of the Contract (and as described in 1 above).

4. Duration of the processing

For the duration of the Contract.

5. Types of Personal Data

Any Personal Data in the TFLI Data provided by TFLI to the Customer as part of the Services which could include names, addresses, email addresses and online identifiers, location data, financial and transactional data, employment records, and other data relating to Data Subjects included in the TFLI Data.

5.1. Categories of Data Subject

Prospective customers of the Customer.