Data Sharing Agreement

1. INTRODUCTION 🔗︎ click to copy

This Agreement is between the Member and the Subscriber, pursuant to which the Member chooses to share certain Data with the Subscriber, subject to the Permissions granted.

2. INTERPRETATION 🔗︎ click to copy

In this Agreement,

3. SHARING OF DATA 🔗︎ click to copy

The Member agrees that the Subscriber may access certain Data in his or her PDS in accordance with the applicable law, our Charter, and these terms.

[Where the Subscriber holds other Personal Data relating to the Member, it agrees that such Personal Data shall only be Processed in accordance with this Agreement].

The Data shared by the Member with the Subscriber under this Agreement is listed here [Within the live service this will be filled in with the actual names of the data attributes that are being shared].

The Shared Data will be accessed on the following basis [This will be part of the above list of data attributes in a grid showing the specific basis of sharing for each attribute]:

in accordance with section 5.

The Shared Data will be held by the Subscriber in the location specified by the Subscriber and will not be transferred or Processed outside that location without the prior written consent of the Member.

4. OVERALL APPROACH 🔗︎ click to copy

The Subscriber agrees, undertakes and warrants to the Member that:

5. USE OF SHARED DATA 🔗︎ click to copy

The Subscriber shall only use the Shared Data in accordance with the Permissions granted by the Member, details of which are set out here [this will contain the specified uses that the individual has approved for the use of the data]. The Subscriber confirms that the Shared Data collected under this Agreement (as referred to in section 3) is strictly necessary for those Subscriber Services it is providing to the Member.

6. DATA POLICIES 🔗︎ click to copy

The Subscriber has policies relating to:

The Subscriber warrants that Mydex has confirmed to it that these policies are compatible with the Charter.

Copies of these policies have been provided to the Member and the Subscriber agrees to adhere to such policies. Under the Agreement between the Subscriber and Mydex, any substantial changes to these policies must be approved in advance by Mydex. The Subscriber must notify the Member at least 30 days before the change comes into effect. If the Member does not agree to a change, the Member can stop using the Subscriber Services by cancelling this Agreement.

The Member agrees to abide by such policies and to act reasonably and co-operate with the Subscriber to the extent required under such policies.


The Member may charge a fee for the use of the Shared Data or the Subscriber may offer a fee to the Member, for example, if the Subscriber wishes to use the Shared Data for market research purposes. The price payable for the use of the Shared Data may be set by the Member or by the Subscriber. Where a fee is payable (either in cash or in kind, in the form of goods, services or discount) for the use of Shared Data, the Subscriber agrees it shall make such payment on the terms agreed between it and the Member. Mydex will deduct a small percentage-based administration fee from any payments made.

The Member may charge a fee, or the Subscriber may offer a fee to the Member, for agreeing to use an Application or for the use of the Member's Data for one or more specific purposes defined in this Data Sharing Agreement. The price payable may be set by the Member or by the Subscriber. Mydex will charge a small percentage-based administration fee to the Subscriber for any payments made by or to the Subscriber. Further details on payments and charges can be found in the Tariff Table.

Further details on charging for the use of your Data can be found in our FAQs.


Shared Data belongs to the Member, but in order for the Subscriber to provide the Member with the Subscriber Services the Member permits the Subscriber a royalty-free, worldwide, irrevocable, perpetual licence and right to use and display the Shared Data in whatever way the Subscriber deems necessary for the provision of the Subscriber Services to the Member, in accordance with this Agreement.

9. GENERAL 🔗︎ click to copy

Communications: The terms are in English, and any contract and other communication between the parties shall be in English. The parties agree that communication between them will be mainly electronic, through the Mydex site or by e-mail, and that this constitutes written communication.

Any official communication or notice under this Agreement between the parties shall be sent using the details referred to in section 2.

Entire agreement: These terms: (i) set out the entire agreement between the parties regarding the use of the Member's Data by the Subscriber; and (ii) supersede all previous or contemporaneous representations, agreements or communications between the parties regarding the use of the Member's Data. For the avoidance of doubt, neither the Charter nor the FAQs form part of these terms. No variation to this Agreement shall be valid unless agreed in writing by both parties.

Invalid terms: If any part of these terms is found to be invalid or unenforceable, the remainder of the terms shall not be affected.

Third parties: A person who is not party to these terms shall not have any rights under or in connection with them, under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Transfer of rights and obligations: The contract (as set out in these terms) is binding on both parties and on their respective successors and assignees. Neither party may transfer, assign, charge or otherwise dispose of any of its rights or obligations arising under this contract, without the prior written approval of the other party.

Delays in enforcement: If either party fails to insist upon strict performance of any of the other party's obligations, or if it fails to exercise any of its rights or remedies, this will not constitute a waiver of such rights or remedies and will not relieve the other party from compliance with such obligations.

Laws and disputes: These terms, the formation of the contract between the parties, use of the Member's Data, and any dispute or claim arising out of any of them (including non-contractual disputes or claims), are governed by the laws of England. All disputes between the parties shall be decided only by the courts within the United Kingdom, except that a party may enforce any judgement anywhere in the world where the other party may have assets or be located.

Version 1.0 - April 2012