Charity Finder Data licence

Version 1.0

These terms are between Rubiks Consulting Limited, trading as Two Forty One, a company registered in England and Wales with number 09283550, whose registered office is at 527 Mosley Road, Birmingham, B12 9BU, which runs Charity Finder ("we", "us"), and the organisation that holds the account ("you").

They apply to Charity Finder Data: the portal, every export and the API. We do not send Data by email or by hand; every Export is made from your own account, so it is logged against it. An owner of your account accepts them on your organisation's behalf in the portal, or by signing an order form that refers to them. The service is for organisations only, not for individuals acting in a personal capacity.

1. Definitions

Data: the information about charities we make available to you, by any route. It includes information from the register of charities kept by the Charity Commission for England and Wales, published under the Open Government Licence v3.0, and information we derive from it, such as income trends, email types and the dates things changed.

Export: a file of Data you download, or a response from the API.

Plan: the plan on your account or order form. It sets your fee, your term, your number of users, and your monthly allowance.

Users: the people your organisation has added to the account.

Contact Details: email addresses, telephone numbers and postal addresses in the Data.

Withdrawn: a Contact Detail, or a charity's Contact Details, that you have received and that we have told you must no longer be used, because someone has objected or for another reason we give.

2. Your licence

2.1 For the term of your Plan, we grant you a non-exclusive, non-transferable licence to use the Data for your own organisation's purposes, within these terms. Those purposes include research, planning, and contacting charities about your own products and services.

2.2 Each User must have their own login. Logins and API keys must not be shared, and you must keep them secure. You are responsible for what your Users do.

3. What you must not do

You must not:

(a) sell, rent, lend, sublicense, publish or otherwise share the Data or any Export, in whole or in part, with anyone outside your organisation, including other companies in your group, unless we agree in writing;

(b) let a third party, such as an agency or list broker, use the Data for you, unless we agree in writing and they agree in writing to follow these terms;

(d) copy Data from the portal by automated means, such as scraping, scripts or bots, other than through the API on a plan that includes it, or try to get around any allowance, rate limit or other technical limit;

(e) use the Data to contact a person about anything other than their charity and its work;

(f) use a Withdrawn Contact Detail or contact a Withdrawn charity;

(g) remove or change the data date, licence notice or account reference in an Export.

4. Allowances and records

4.1 Searching and viewing records in the portal does not use your allowance. Each charity in an Export does, including a charity you have exported before. Your allowance resets on the first day of each calendar month, and unused allowance does not carry over.

4.2 Every Export carries the date of the Data, the licence notice and your account reference. We keep a record of every Export: who made it, when, the search or API request, the number of charities, and a fingerprint of the file or response.

4.3 We may limit how many records a plan can view in a day, and how many API requests it can make, to protect the Data from misuse.

5. Personal data

5.1 Most of the Data is about organisations. Some Contact Details identify a person, for example a named email address at a charity, or a telephone number or address that reaches one person. Those are personal data under the UK GDPR.

5.2 We release an email address only if it is at the charity's own domain, the charity is a charitable incorporated organisation or a charitable company, and neither the address nor the charity has been Withdrawn or opted out. An address that names a person is released only after we have told that person we supply it. We release a telephone number only for a charitable incorporated organisation or a charitable company. We withhold all Contact Details for a charity that has opted out.

5.3 You receive personal data from us as a separate, independent controller. You decide how you use it, and you are responsible for complying with data protection law in doing so. In particular you must:

(a) have your own lawful basis for each use;

(b) give the person the information Article 14 of the UK GDPR requires, including that you obtained their details from Charity Finder, no later than your first communication with them and in any case within one month;

(c) honour any objection or request to stop straight away, and tell us of an objection that relates to the Data so we can suppress it;

(d) keep the Data secure, with measures suited to the risk;

(e) keep personal data only for as long as you need it for your purpose;

(f) not transfer it outside the UK unless the transfer is lawful under UK data protection law;

(g) tell us within 72 hours of becoming aware of a personal data breach affecting the Data;

(h) give us reasonable help with any request, complaint or investigation about the Data, including by the Information Commissioner's Office.

5.4 When a Contact Detail or charity you have received is Withdrawn, we will email your account owners and list it in the portal under Withdrawn contacts (and, on a plan with the API, through the API). Within 14 days of our email you must stop using it, delete it from your Exports and from any system you have copied it into, and have an owner confirm in the portal that you have done so, unless you have since obtained it independently with the person's or charity's agreement. We keep a record of each Withdrawal, when we told you, and your confirmation.

6. Marketing rules

6.1 Electronic marketing is governed by the Privacy and Electronic Communications Regulations 2003 (PECR) as well as the UK GDPR. You are responsible for complying with them.

6.2 Every marketing message you send using the Data must say who you are, and must give a simple, free way to opt out, which you must honour.

6.3 Before making marketing calls you must screen telephone numbers against the Telephone Preference Service and the Corporate Telephone Preference Service. You must not make automated marketing calls or send marketing texts using the Data.

7. Attribution

7.1 Register information is Crown copyright and is used under the Open Government Licence v3.0. Anything you publish that relies on the Data must say: "Contains information licensed under the Open Government Licence v3.0 from the Charity Commission for England and Wales."

7.2 Nothing in the Data implies endorsement by the Charity Commission.

8. Accuracy

The register is kept by the Charity Commission from information charities give it. We update our copy each week, but we do not check what charities report, and we do not promise that the Data is complete, accurate or up to date. Our derived figures are calculated by rules we will explain on request. They are indications, not statements of fact about any charity.

9. Fees and payment

9.1 Fees are as shown on your Plan or order form and are payable in advance. Fees are quoted excluding VAT. Your Plan is a digital service: access starts as soon as your payment is confirmed.

9.2 An annual plan bought online renews each year by card unless an owner cancels it before the renewal date on the billing page. A plan on an order form renews as the order form says.

9.3 The fee for the 3-day pass or the 90-day pilot is credited in full against the first year of an annual plan bought for the same organisation.

9.4 You may cancel within 14 days of a payment, including a renewal, and have that payment refunded in full, as long as, since that payment, your organisation has run no more than two searches, has not exported or downloaded any Data (including through the API), and has not saved a search. A search is a set of filters whose results you view. Changing the filters again within 10 seconds, without moving past the first page of results, does not make a new search, up to ten times. An account owner asks for it by email to [email protected]. Otherwise, fees are not refundable, in whole or in part, including if you stop using the portal, cancel before the end of a term, or your Plan ends early, except as clause 10.3 says. Cancelling stops the next renewal; your Plan runs to the end of the term you have paid for.

9.5 If a payment fails or is more than 14 days late, we may suspend access until it is paid.

10. Term and ending

10.1 These terms last for the term of your Plan and any renewal.

10.2 Either of us may end them immediately by notice if the other materially breaches them and, where the breach can be put right, does not do so within 14 days of being asked to.

10.3 We may end them on 30 days' notice for any reason. If we do, and you have not broken them, we will refund the fee for the whole months left. If we end them under clause 10.2 because you broke them, nothing is refunded.

10.4 When they end, you must stop using the Data and, within 30 days, delete every Export and any copies, and confirm this to us in writing if we ask. You may keep:

(a) the details of a charity with which you have, by then, a relationship of your own, such as a customer or a supplier, because those details are then your own records; and

(b) anything the law requires you to keep, for as long as it requires, and for that purpose only.

Clauses 3, 5, 6, 10.4, 11 and 13 continue to apply to anything you keep.

11. Liability

11.1 Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or any other liability that cannot lawfully be limited.

11.2 Neither of us is liable to the other for loss of profit, revenue, business or goodwill, or for indirect or consequential loss.

11.3 Our total liability to you in any 12 months is limited to the fees you paid us in those 12 months.

11.4 You will compensate us for any loss, fine or reasonable cost we suffer because you broke clause 3, 5 or 6.

12. Changes to these terms

We may update these terms. Each version has a number. We will give at least 30 days' notice of a change by email to your account owners, and the portal will ask an owner to accept the new version before your Users can carry on. If you do not want to accept it, you may cancel your Plan so that it does not renew. Fees already paid are not refunded.

13. General

13.1 These terms, with any order form, are the whole agreement between us about the Data. If an order form conflicts with these terms, the order form wins.

13.2 Neither of us may transfer these terms without the other's agreement, except that we may transfer them to a buyer of the Charity Finder business.

13.3 Notices must be in writing. Ours go to your account owners' email addresses. Yours go to [email protected].

13.4 These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.