Lead Data License Terms

These terms apply when a business ("Buyer") licenses prospect data ("Lead Data") from Keenfunnel LLC ("Keenfunnel"). They form part of every quote, order or statement of work for Lead Data. If they conflict with an agreement signed by both parties, the signed agreement prevails.

1. License

1.1 Keenfunnel grants Buyer a non-exclusive, non-transferable and non-sublicensable license to use the Lead Data delivered under an order for the Permitted Purpose during the License Term.

1.2 The License Term is 12 months from delivery, unless the order states otherwise.

1.3 Keenfunnel keeps all rights in the Lead Data and in its compilation.

2. Permitted Purpose

Buyer may use Lead Data only to contact the listed individuals about Buyer's own products or services that are relevant to their professional role ("Permitted Purpose").

3. Prohibited uses

Buyer must not:

1. resell, rent, share or disclose Lead Data to anyone, except service providers acting for Buyer under a written contract;
2. use Lead Data to make or support decisions about any person's eligibility for credit, employment, insurance, housing or similar benefits;
3. combine Lead Data with sensitive data, or use it to infer sensitive characteristics;
4. contact anyone in breach of the email, call, text or messaging laws of the recipient's country, including the CAN-SPAM Act and the Telephone Consumer Protection Act (TCPA) in the United States, Canada's Anti-Spam Legislation (CASL), the Privacy and Electronic Communications Regulations (PECR) in the United Kingdom, and the LSSI and the General Telecommunications Law in Spain;
5. make calls with an artificial or prerecorded voice, including AI voice agents, without the prior consent those laws require;
6. use Lead Data for or in a sanctioned country, or for or with a sanctioned person (see our Sanctions and Export Controls Policy).

4. Buyer as independent controller

4.1 Each party is an independent controller of the Lead Data it holds. Buyer decides how it uses the Lead Data and is responsible for its own compliance.

4.2 Buyer must:

1. identify itself and include a working opt-out in every communication;
2. give each individual the privacy information the law requires no later than its first communication, including that Keenfunnel was the source of the data and a link to Keenfunnel's Lead and Prospect Data Notice;
3. honor every objection or opt-out at once, and in any case within 10 business days, and forward it to Keenfunnel at legal@keenfunnel.com within the same period;
4. apply the suppression updates Keenfunnel sends within 10 business days;
5. protect Lead Data with appropriate technical and organizational security measures, and tell Keenfunnel without undue delay of any breach affecting it;
6. answer the data subject requests it receives, and help Keenfunnel answer requests about the Lead Data.

5. International transfers

Where Lead Data about people in the European Economic Area, the United Kingdom or Switzerland goes to a Buyer in a country without an adequacy decision, and the law requires a transfer mechanism, the parties incorporate Module 1 (controller to controller) of the standard contractual clauses adopted by Commission Implementing Decision (EU) 2021/914, together with the UK International Data Transfer Addendum or the Swiss adaptations where they apply. The annexes of those clauses are completed with the details of each order.

6. Data quality

Lead Data is provided "as is". Keenfunnel does not warrant that any record is complete or current, or that Lead Data will produce any result.

7. End of the License Term

At the end of the License Term, or earlier if Keenfunnel ends the license for breach, Buyer must delete all Lead Data and copies, except records of individuals who have since become Buyer's customers or asked to be contacted, and confirm the deletion in writing on request.

8. Evidence of compliance

On reasonable notice, and no more than once a year unless a regulator requires it, Keenfunnel may ask Buyer for evidence that it complies with these terms.

9. Suspension and termination

Keenfunnel may suspend deliveries or end the license immediately if Buyer breaches sections 3, 4 or 5, or if a regulator or court requires it.

10. Liability

10.1 Buyer will indemnify Keenfunnel against claims, fines and costs arising from Buyer's breach of these terms or of applicable law.

10.2 Except for that indemnity and for breach of section 3, each party's total liability under these terms is limited to the fees paid for the Lead Data concerned in the 12 months before the claim.

10.3 Nothing in these terms limits liability that the law does not allow to be limited.

11. Sanctions

Buyer confirms that it is not a sanctioned person or acting for one, and that it will not use Lead Data in breach of sanctions or export-control laws.

12. Governing law

These terms are governed by the laws of the State of New York, without regard to its conflict-of-law rules. They do not limit any mandatory data protection law.

13. Contact

legal@keenfunnel.com