A Modern Company with Good Old Fashioned Values 
Please read these terms carefully before using the site: 
General Information - Information about the site's publisher 
You are currently connected to the http://www.listbroker.com website of Listbroker, a company whose registered office is at 13-14 Orchard Street, Bristol BS1 5EH. The company is registered in England under 05038238 
This site is published by the Listbroker company. Their legally appointed representative is Kelvin Langley, Chairman and CEO. 
The use of this site is governed by the following terms and conditions of use. 
By using and by browsing through this site, you agree to comply with the present terms and conditions of use, which you acknowledge as having read, understood and accepted in their entirety. 
If you are not prepared to accept the conditions of use, we request that you do not enter the site and do not download any of the items it contains. 
Listbroker may modify the contents of these conditions of use at any time and without prior warning; by using this site you also agree to accept any changes to these conditions. 
Our Group's sites may contain links to other service providers' platforms which are not governed by the present statement. 
In addition, the websites of companies affiliated to Listbroker.com may contain other legal statements that may undergo changes at any time and without prior notification. 
Conditions for use of the site 
1. Use of the Site's contents 
We endeavour to keep the Site's contents up to date and to provide Users with accurate information. 
Users should be aware, however, that transmission of data and information over the Internet may be unreliable because of the heterogeneous nature of the networks that can be involved. This being so, we cannot guarantee the accuracy of information that appears on the Site. All errors or omissions should be notified to the following email address: lists@listbroker.com 
Furthermore, Listbroker may modify and/or improve the content of the present site, including the contents of this legal statement, at any time and without prior notification, and will accept no liability for any inaccuracies transmitted on this site. All internet users who utilise this information do so at their own risk. 
Any use of this site which is not in accordance with the original spirit of the site and any violation of the present stipulations may result in the civil and criminal penalties allowed in law being applied. 
2. Access to the Site 
We endeavour to maintain accessibility to the Site, but do not consider ourselves as being obliged to guarantee this. It should be stated that in order to carry out maintenance, updates and for other reasons (notably those which are of a technical nature), access to the Site may be interrupted. Under no circumstances will we accept liability for these interruptions or for consequences for the User that may result from them. 
Listbroker will not allow any confidential information or information that is protected by commercial property rights to be placed on the site. 
All items sent to the present site are therefore regarded as being non confidential, and as being available for use. This applies in particular to receiving, processing and use of personal data. 
Hyperlinks inserted in the site may lead the User to the Internet Sites of various partner organisations. We hereby state that we have not verified all of the sites that may be linked to our site, neither have we verified their contents or the information that may be presented in these sites. We therefore accept no liability for the content of these sites or for the uses to which this may be put by Users. The use of these sites by a User is the sole responsibility of the latter. 
Intellectual Property and Patent Rights 
1. Rights 
Registered trademarks 
Trademarks shown on this site are registered trademarks of the Listbroker organisation and/or those of companies affiliated to it. 
We draw the User's attention to the fact that any references to products, services and trademarks that belong to us are not exhaustive, and do not fully describe our rights. 
Access to the site does not confer any rights other than the right to visit its contents. 
The placing of the present site online does not imply any rights to the use of any of the trademarks listed above. Any such use made is subject to prior and express written consent given by the owner of the trademarks. 
Author's Rights / Copyright / Drawings and designs / Patents 
Some elements in the present site (text, photographs, illustrations, logos, icons, files made available for downloading, video or sound clips etc.) are the property of the Listbroker organisation. 
These elements are protected by English law and international laws relating to maintenance of rights of authors, copyright, drawings and designs and patents. 
Reproduction and/or representation of these elements is authorised for strictly personal and private purposes of use or information only. 
In particular, it is prohibited to present a page from the present site in any web page or presentation that does not belong to the Lisbroker organisation. The insertion of hyperlinks to any page in the present site other than the home page requires the prior and express written permission of the Listbroker organisation. 
Any use made of any of the elements of the present site for any other purpose, in particular for public, commercial or humorous purposes, will be the subject of legal proceedings both in England and elsewhere. 
2. Unauthorised reproduction 
Any reproduction or representation, even partial, and by any process whatsoever which is carried out without the express prior written consent of the Listbroker organisation is prohibited and is illicit. Failure to observe this prohibition constitutes fraudulent imitation which can render the imitator liable to civil and criminal action. 
3. Copyright 
All rights reserved © Listbroker organisation copyright from 2005. 
Every page in the Listbroker organisation's websites is protected in terms of author's rights ©. 
All rights reserved (particularly those of reproduction, representation, adaptation, distribution and transmission). 
Personal Data 
We are delighted that you have chosen to visit our site and we thank you for your interest in our company and its products. 
We may need to collect personal data concerning users of our website 
In accordance with the requirements of the Privacy and Electronic Communications Regulations dated 11 December 2003 we hereby inform Users that they are entitled to have access to, to correct or to remove personal data. 
In order to exercise this right, Users must write to the following address: 13-14 Orchard Street, Bristol BS1 5EH. 
We hereby inform users that on visiting our site a cookie may be automatically installed in their navigation software. This cookie is only used to record information about the internet user's navigation around the site and is intended to improve the quality of the site. 
1. Receiving and processing personal data 
When you visit our website, our servers will record the name of your internet access provider, the web page from which you have visited us, the various pages of our site that you consult as well as the date and duration of your visit. The data will be recorded in a standardised manner. Personal data is only recorded if you supply us with these of your own accord during, for example, registration and job applications. 
In the case of job applications, any data that you might supply us with, especially your CV, may be used by the Listbroker organisation and forwarded to its subsidiaries so that your application may be examined and processed. 
Furthermore, and unless you stipulate otherwise, we reserve the right to retain your information so that we may contact you again at a future date, depending on the changing requirements of the organisation. 
2. Use and distribution of personal information, functional links 
We use your personal information for purposes of technical administration of web pages, or client management. 
Receipt and transmission of personal information to State administrations or authorities occurs only within the framework of national regulations required by law. Our partners, agents and all other persons who need to consult the information, as part of their employment contract treat is as professionally confidential, and must observe our code of professional ethics. 
3. Options 
We would like to use information on you to provide you with information on our products and services and to ask for your opinion of these where appropriate. Your participation in this is, of course, entirely voluntary. 
If you do not wish to take part in this, you should indicate your lack of consent to us by post so that we may then stop your information being used. 
4. Right to Information 
In accordance with the applicable legislation, should you request us to do so we will tell you in writing (immediately if possible) whether or not we retain any personal information relating to you, and if so, what information is involved. If, in spite of our efforts to keep data accurate and up to date, the information stored is found to be incorrect, we will correct or remove it at your request. 
5. Security 
We operate technical and organisational security systems that protect the data that we manage against accidental or deliberate manipulation, against loss and against damage to data. These systems prevent unauthorised persons gaining access to the data. Our safety measures are continually being improved in line with technological advances. 
We would be glad to deal with any suggestions, claims, requests for information or any other questions that you may have regarding our handling of your personal information. Please send these to the following email address lists@listbroker.com 
6. Liability 
The following activities are not permitted; the use of the Site or communication services to transmit chain letters, "junk mail" "spam" or any repetitive or unsolicited messages (commercial or otherwise); receipt or collection, in any way whatsoever, of information concerning third parties, in particular e-mail addresses, without the consent of the third party involved; to create or use false identities, to falsify an e-mail address or header or to attempt to mislead a third party in any way whatsoever as to the identity of the sender or origin of messages; to send inappropriate content as defined below; to send any item containing a virus or any element capable of causing damaging or that may be harmful to the site or to any third party, or which contravenes the law; to attempt to gain access to services offered, other accounts, computer systems or networks connected to the Site services in an unauthorised manner, by use of different passwords or by any other means; or to interfere with the use or enjoyment of services by any other user or interfere with the use or enjoyment of similar services by means of another entity. 
Inappropriate content includes all language, comments, remarks and images regarded by the organisation as being obscene, misleading, illicit, racist, defamatory, or which constitutes harassment, violates the rights of third parties or restrains and/or prevents other users from using forums or discussion rooms that are accessible through the Site. 
Liability/Limits to Liability 
The use of the Site, its services and any items of information obtained through it are the responsibility of the user. 
We offer no guarantees of any kind to users, either implicit or explicit, regarding the quality of the services on the site or of their utility, the conformance of the services supplied or of the results that are desired by the User. We disclaim all liability in the event of any dispute, action or recourse by a third party claiming their rights, in particular against deprivation of their rights, regarding any content that is not produced by the Listbroker organisation. 
Furthermore, we will not be held liable for any failure in performance of the site and/or of software employed or downloaded from the site; for any loss of data or services that results from non-adherence to deadlines, modification, suspension or interruption of its services; for the accuracy, quality and nature of information obtained using its services; nor for any consequences arising, whether directly or indirectly from the transmission of viruses through its servers. 
Neither can we be held liable for any direct or indirect damage, including in particular loss of profits, clients, data, intangible property, loss of earnings or any other loss or damage that might occur as a result of the use of, or on the other hand from the inability to gain access to, the Site, following improper use by the User, who could be held liable in the event of injury or death. 
As regards Personal Content provided by users, we refuse to accept any liability relating to the presence of such content in the discussion rooms or on any other discussion service. 
Such content, whether it involves opinion, statements, recommendations or points of view represents the opinions, statements, recommendations and points of view of users alone, and under no circumstances does it represent those of the Listbroker.com organisation. 
The site may contain links to other sites that are not managed or not published by the Listbroker organisation. 
We have no control of any sort over the information, products or services offered by these other sites, and can in NO CIRCUMSTANCES be held liable for the contents of such sites. 
You agree to indemnify the Listbroker organisation and to guarantee it against any action for liability, recourse, losses, costs, loss of earnings, loss of data or any other damages both direct and indirect that result from any breach on your part of any of the provisions of the present General Conditions whatsoever. 
Applicable Law - Jurisdiction 
The General conditions are subject to, and will be interpreted in accordance with, English Law. You submit to the non-exclusive jurisdiction of the courts of England. 
In the event that any of the provisions whatsoever of the General conditions are declared null or without effect, such provisions should be interpreted as best reflecting the intentions of the parties involved, and the remaining provisions will be regarded as still being applicable in full. 
The failure to apply a provision or failure to claim application of any provisions whatsoever of the General conditions or of any law whatsoever by the Listbroker organisation cannot under any circumstances be interpreted as the Listbroker organisation renouncing such a provision or right, unless we have agreed to do otherwise in writing. 
The information below is for guidance only – we would recommend any business also seeks independent legal advice. 
GDPR and Compliant Data for Businesses. We are specialist b2b data providers in the UK with over 20 years of experience. We license business information to businesses for marketing and data management purposes. With our dedicated team of data experts we are fully compliant with the requirements as set out in the General Data Protection Regulation (“GDPR”). 
From 25th May 2018 all businesses in the EU will need to comply with the GDPR which is directly concerned with the collection, storage and use of personal data. 
Background. The storage and handling of data has for many years been governed by the Data Protection Act 1998 (“DPA”) but from May 2018 this will be replaced by the GDPR – which will provide a far more robust set of rules for the collection, storage and processing of personal information. The GDPR is a regulation rather than a directive which means it is a single piece of legislation that applies across all EU member states (and as the UK will still be a member of the EU in 2018 it therefore applies to the UK in the same way). In respect of electronic marketing communications there are additional rules that come from the Privacy and Electronic Communications Regulations 2003 (“PECR”), and with the introduction of the GDPR this is also now in the process of being revised. 
What is Personal Data? 
Definition of Personal Data – Article 4(1) 
Personal data means any information relating to an identified or identifiable natural person (data subject); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.” 
Examples of personal data include elements such as name, address, gender, date of birth, but personal data can also include other less obvious identifiers such as IP addresses. Basically, personal data applies to any data from which a living individual (data subject) could be identified. 
What is the impact of GDPR?. Every organisation that holds personal data will be affected by GDPR – that includes personnel records, customer details, sales and marketing prospect information, online identifier data etc. 
Organisations will be accountable to the data protection supervisory authorities (in the UK this is the Information Commissioner’s Office). Whilst the accountability is not a new requirement, GDPR requires all organisations to record and document compliance with all applicable aspects of GDPR. 
For many organisations this will mean conducting an internal audit to “put their house in order” in the months leading up to May 2018. GDPR gives individuals more rights in respect of their data, including more control and visibility of how their personal data is being used, and the right to have that information removed or moved if requested. 
Using personal data for direct marketing 
Under the DPA and the GDPR, there are 6 lawful grounds that can be used for the processing of personal data. Consent is one of such lawful grounds for processing, but not the only one. Many organisations will rely on other lawful grounds for processing of personal data, such as legitimate interest. 
Relying on legitimate interest involves: 
Establishing the interest of the organisation – this could be for example promoting goods or services offered by the organisation. Processing for direct marketing purposes is specifically mentioned in the GDPR 
Carrying out a necessity test 
This requires consideration of whether there is another way of achieving the interest, without having to use the personal data. Even if there is another way, but it would require disproportionate effort, the necessity could still be established. You need to consider - is there a way to make direct marketing communication with the correct contacts within an organisation without holding their personal data? It is unlikely that there would be another proportionate way of making direct marketing communications without the necessity to use personal data; and 
Balancing the interest of the organisation against the fundamental rights of the data subjects and whether the use of their personal data by the organisation could have a significant impact on their fundamental rights. In the context of b2b direct marketing, where communications relate to business services rather than the personal life of the individuals receiving the communications, it is unlikely that the fundamental rights of such individuals would be impaired. Those communications need to be measured and unobtrusive. 
Our view is that it is reasonable to rely on legitimate interest as grounds for the processing of personal data for direct marketing purposes, given the very limited amount of personal information being processed; the fact that it is being used solely for the purposes of marketing to the business for which the individual works and not the individual him/herself; and that the individuals concerned are likely to be people within the organisation who would expect to be contacted for business communications. GDPR requires each organisation to carry out an assessment (and document it) of which lawful grounds for processing of personal data apply to its processing activities. 
We seek to speak directly to businesses in order to enhance the quality of data offered to our customers. If an individual objects (opts-out) to our Data Solutions storing and using his/her personal data, then the personal data is removed from the our Data Solutions database. 
If we are not able to speak to the individual contact then the information obtained is held and passed on to Listbrokers clients on the grounds of legitimate interest. 
How is PECR involved in all of this? 
PECR rules relate to electronic marketing communications such as email and SMS. They are in addition to the requirements under the GDPR. (we do not supply data for the purposes of marketing via SMS so the below relates only to email marketing). 
PECR treats the use of email for marketing communication differently depending on whether it is sent to ‘individual subscribers’ or to ‘corporate subscribers’. 
‘Individual subscribers’ include those working for unincorporated entities such as sole traders and partnerships. 
The rules require that electronic mail for direct marketing purposes sent to individual subscribers must be based on a prior consent obtained from such individuals (“opt-in”) 
Corporate subscribers’ consist of those working for companies and other incorporated organisations, such as LLPs. 
PECR allows electronic direct marketing communications to be sent to corporate subscribers (business email addresses of individuals working for incorporated entities) without prior consent, unless the recipient specifically requests not to receive emails from the sender (“opt-out”). Each direct marketing email should include an “unsubscribe” option to allow the individual to notify the sender that he/she no longer wishes to receive emails from the sender. 
After extensive research and legal advice here is a summary of our position: 
There are multiple ways in which a business can comply with GDPR when processing personal data. The ICO acknowledges that Consent may be hard for an organisation to achieve and therefore suggests considering Legitimate Interest as a better alternative route. 
We use Legitimate Interest as the legal basis to process personal dat 
Our partners make thousands of calls every day to confirm and update information regarding businesses. During the call if a business wishes not to have any data processed, then they have the opportunity to opt out as is their right under the DPA/GDPR 
Consent is not required to hold and process individual data for marketing communications via post and telephone.# 
Consent is not required to utilise the emails of persons who are working for ‘corporate subscribers’ for marketing communications 
Consent is required to utilise the emails of persons who are (or are working for) ‘individual subscribers’ for marketing communications. 
Where we speak to the individual and receive an opt-out response, the data is removed. 
Provision of personal data by Listbroker to its customers is based on legitimate interest. 
Legitimate interest should equally apply to the use of personal data by our clients, subject to PECR rules and the client’s own assessment of this lawful ground for processing of personal data. 
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