Access to and use of Non-Public Registration Data
Please read these terms (“Additional Terms”) carefully.
Nom-IQ Limited (the “Registrar”) is the ICANN-accredited registrar of the generic top-level domain (“gTLD”) for which you submitted a request for access to non-public gTLD registration data (“Request”) via ICANN’s Registration Data Request Service (“RDRS”).
In these Additional Terms, “Data Protection Laws” shall mean all applicable data protection and privacy laws including but not limited to the Data Protection Act 2018 (UK) and the General Data Protection Regulation (EU) 2016/679 (EU GDPR), together with any transposing, implementing, or supplemental legislation in the EU, or in the United Kingdom under the UK European Union (Withdrawal) Act 2018, if in force (UK GDPR) (together, the “GDPR”). The words “Controller”, “Personal Data” and “process” have the meanings given to them in the GDPR.
1. SCOPE AND APPLICATION
1.1. These Additional Terms are an agreement between you and the Registrar (each referred to as a “party”) and apply in addition to the Terms and Conditions – Access to and Use of Non-Public Registration Data you entered into via the RDRS (“RDRS Registrar Terms”). Together these Additional Terms and the RDRS Registrar Terms are referred to as “the Terms”.
1.2. In consideration for the Registrar assessing and responding to your Request, by proceeding with your Request you agree the Terms will govern:
1.2.1. your Request;
1.2.2. the Registrar’s response to your Request; and
1.2.3. your access to and use of the non-public gTLD registration data (“Data”) and any other processing of any Personal Data disclosed to you by the Registrar in response to your Request.
1.3. If you are making a Request in the name and on behalf of your employer and/or a third party, you
1.3.1. represent and warrant that you are authorized to act in the name and on behalf of your employer and/or such third party; and
1.3.2. acknowledge and agree that you are also binding your employer and/or such third party to comply with the Terms. In the following, the terms “you” and “your” shall mean both you and your employer and/or third party you represent.
2. REQUESTS
2.1. You must promptly provide all additional information and documentation the Registrar may require to properly assess your Request and to comply with the related legal requirements.
2.2. In responding to your Request, the Registrar in its sole discretion may decide to provide or deny certain Data requested.
2.3. You must provide to us by email to rdrs@comlaude.com the following signed declaration on your headed paper:
“The Data disclosed by Nom-IQ Limited will:
1. only be used for the specific purposes identified in my/our Request;
2. be retained securely, kept confidential and not published, transmitted, or shared in any way; and
3. be retained for the minimum period necessary in order to fulfil the identified purposes, to a maximum of 1 year, following which all copies will be deleted.
To the extent that I am/we are either located in a third country or an international organisation as set out under Chapter V of The General Data Protection Regulation (GDPR) (EU) 2016/679), I/we understand that any Personal Data transferred to me/us is subject to Article 49(1)e GDPR only, in the absence of an adequacy decision pursuant to Article 45(3), or of appropriate safeguards pursuant to Article 46. I/we understand and agree to treat any Personal Data disclosed to me/us by Nom-IQ Limited in compliance with the requirements for transfers (including onward transfers) of personal data as set out under Chapter V GDPR.
I/We agree that both I/we and the person on whose authority I am/we are making the Request, where this applies, shall indemnify Com Laude for any breach of the above terms.”
2.4. The Registrar may in their sole discretion require you to provide further evidence of your identity.
2.5. Where you are acting on behalf of another party the Registrar may require the declaration in Section 2.3 above to be provided by both yourself and the other party.
2.6. The Registrar will disclose Data in the full Whois format as would have been available before 25 May 2018 which may show Whois privacy or a proxy service.
3. LIABILITY
3.1. Nothing in this Agreement shall exclude or restrict either party’s liability for:
3.1.1. death or personal injury caused by its negligence or the negligence of its personnel;
3.1.2. fraud or fraudulent misrepresentation; or
3.1.3. any other liability which cannot lawfully be excluded or limited.
3.2. Subject to Section 3.1 above and in addition to the disclaimer in Section 8 of the RDRS Registrar Terms:
3.2.1. the Registrar shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect, special, or consequential loss or damage including any loss of profit, loss of business, business interruption, loss of opportunity, loss of or damage to data, loss of anticipated savings, loss of revenue, expenditure of time by managers and/or employees of the other party, or loss of or damage to goodwill (including pecuniary losses arising from loss of goodwill) arising under or in connection with the Terms, your Request or the Registrar’s response to your Request; and
3.2.2. in so far as it is lawful to do so, the Registrar excludes liability for any failure to deliver the Data or respond to your Request resulting from factors outside the Registrar’s reasonable control.
3.3. The Registrar’s total liability to you in respect of all losses arising under or in connection with the Terms, your Request or the Registrar’s response to your Request, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall not exceed the sum of £100.
4. DATA PROTECTION
4.1. Each party shall at all times comply with all Data Protection Laws.
4.2. The Registrar will process Personal Data in accordance with their Privacy Policy as in force from time to time, which forms part of the Terms.
4.3. To the extent that considering and responding to your Request would require the Registrar to process any Personal Data:
4.3.1. the Registrar is a separate Controller;
4.3.2. the Registrar will only disclose Personal Data to you where this is permitted under the GDPR and in accordance with the GDPR;
4.3.3. the Registrar will act in accordance with the rules and policies of ICANN in force from time to time, together with Com Laude policies mandated by ICANN (ICANN Rules) as well as the rules and policies of the relevant registry in force from time to time (Registry Rules); and
4.3.4. the Registrar will only transfer any Personal Data from either the European Economic Area (EEA) or UK to any third country that is not subject to an adequacy decision under the applicable GDPR (whether EU or UK) if the transfer is subject to appropriate safeguards or derogations under the Data Protection Laws.
5. GOVERNING LAW AND JURISDICTION
The Terms shall be governed by the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English Courts.
6. TERMINATION
The Registrar may terminate the Terms at any time and without notice and accordingly deny you access to the Data, for any reason, including your failure to comply with any provision of the Terms. All Terms which by their nature should survive termination shall survive termination.
7. GENERAL TERMS
7.1. Severability. In the event of invalidity of any provision of the Terms, the parties agree that such invalidity shall not affect the validity of the remaining provisions of the Terms.
7.2. Waiver. The failure by either party to enforce at any time or for any period any one of more of the Terms shall not be a waiver of them or the right at any time subsequently to enforce all the Terms.
7.3. Third Party Rights. The parties confirm their intent not to confer any rights on any third parties other than ICANN and any employer or third party referred to in Section 1.3 above on whose behalf you are making your Request. Accordingly, the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Terms other than in respect of ICANN and any employer or third party referred to in Section 1.3. The Registrar shall not be liable to you and to any employer or third party you represent for the same loss.
7.4. Entire Agreement. The Terms constitute the entire agreement between you and the Registrar relating to access to and use of the Data and supersede any other prior agreements or understanding, whether written or oral, relating to your access to and use of the Data.
7.5. Variations. The Registrar reserves the right to modify the Terms at any time to reflect changes in its and/or ICANN’s general rules and policies governing your use of the RDRS and/or access to and use of the Data or changes in the applicable law. If you do not agree to any amendments to the Terms, your only recourse is to discontinue your Request.