Custom activations product specific terms

These terms are currently in effect as of 3rd July 2026. Except as otherwise set out in an active Order, if you used the Services on or after this date, these are the terms that govern your use of the Services. To view previous versions, use the drop-down menu above. To return to the legal page, click here.

BY ENTERING INTO AN ORDER OR OTHER AGREEMENT WHICH INCORPORATES OR REFERENCES THIS AGREEMENT, BY CLICKING TO ACCEPT THIS AGREEMENT OR ACCESSING OR USING ANY GWI SERVICES, YOU ARE ACCEPTING ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT IS LEGALLY BINDING. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST NOT USE ANY SERVICES.

1. SCOPE AND INTERPRETATION

   1. These Custom Activation Product Specific Terms (“Custom Activation T&Cs”) supplement the Main T&Cs under which GWI provides the Custom Activation Services. Defined terms shall have the meaning set out below, in these Custom Activation T&Cs. Any terms used but not defined below shall have the meaning as set out in the Main T&Cs.

      CCPA: means the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act and all applicable regulations, in each case as may be amended, superseded or replaced from time to time;

      Custom Activation Services: means GWI providing the Custom Segment to permit the Panel Provider to model and scale the Modeled Segment to allow your delivery of direct marketing through the Platform;

      Custom Segment: means the segment of GWI Respondents as instructed by you in the Custom Segment Specification;

      Custom Segment Respondents: means GWI Respondents selected to meet the specification of the Custom Segment;

      Custom Segment Specification: the details and specification for the Custom Segment as instructed by you and set out in your Order;

      GWI Respondents: means respondents to a GWI survey;

      Modeled Segment: means a scaled up lookalike model of consumers based on lookalike characteristics of the Custom Segment Respondents with such Custom Segment Respondents removed from such model, generated by Panel Provider, to be used by you for direct marketing via the Platform;

      Panel Provider: means a distinct and separate third party panel provider (i) who has a direct relationship with GWI to support distribution of our surveys to respondents; and (ii) to the extent you are purchasing custom activations has an additional separate direct relationship with you via the Platform which does not form part of these Custom Activation T&Cs when making the Modeled Segment available for sale; and

      Platform: the third party collaboration platform (such as Liveramp) or demand side platform you instruct the Panel Provider to push the Modeled Segment to.

2. SUBSCRIPTION PERIOD

   These Custom Activation T&Cs shall commence on the date set out in your Order and shall continue until the Custom Segment has been provided to Panel Provider (“Subscription Period”), unless terminated in accordance with clause 10 of the Main T&Cs.
   
   

3. SERVICES

   1. GWI shall build the Custom Segment by identifying the Custom Segment Respondents that meet the Custom Segment Specification requirements. GWI will provide the Custom Segment to Panel Provider for the purposes of Panel Provider building a Modeled Segment and making data relating to the Modeled Segment available for purchase by you either directly or via the Platform. This will be subject to the appropriate separate arrangements between you and Panel Provider and/or the Platform. GWI shall not provide the Custom Segment to you directly.  
      
      
   2. The Panel Provider’s build of the Modeled Segment and any subsequent provision and sale of the Modeled Segment to you by the Platform or Panel Provider shall be subject to separate arrangements between you and the Platform or Panel Provider (as appropriate) (including all fees that are payable in respect of such provision and sale), to which GWI is not a party and GWI does not have any obligations to you in respect of such provision and sale. You are responsible for compliance of your relationship and activities directly with the Platform and/or Panel Provider.
      
      
   3. Clause 2 and Clause 6 of the Main T&Cs shall not apply to Custom Activation Services.
4. OBLIGATIONS AND RIGHTS
    
   1. You acknowledge that both the Platform and Panel Provider are completely independent of us, and that neither the Platform or Panel Provider has any authority to enter into any contract, grant any right or provide any promise, guarantee or commitment on our behalf. Any terms and conditions governing transactions and/or arrangements solely between you and the Platform and/or Panel provider (such as the provision and sale of the Modeled Segment to you) shall not form part of these Custom Activation T&C or any Agreements. You acknowledge and agree that GWI will not be liable to you if the Panel Provider or Platform delays or refuses to create the Modeled Segment and/or make it available for purchase by you.
      
      
   2. You warrant that the Modeled Segment shall only be used to send or facilitate advertising for any product or service in compliance with applicable laws. You shall hold GWI harmless, on demand, against any claim arising out of or in connection with the Modeled Segment being used to send or facilitate in any way advertising for any product or service that is illegal in the jurisdiction in which it is sent or received.
5. PERSONAL DATA
   
   
   1. In this clause 5, the following terms shall have the meanings given to them in the Data Protection Legislation: controller, data subject, personal data, personal data breach, and process and processed shall be construed accordingly.
      
      
   2. Annex 1 shall apply with regard to the personal data being processed in relation to the Custom Activation Services. Each party acknowledges and accepts that you are the Controller, GWI acts as your Processor in its delivery of the Custom Segment to Panel Provider, and Panel Provider acts as GWI’s Subprocessor in the creation of the Modeled Segment. Each Party shall comply in all respects with the Data Protection Legislation. 
      
      
   3. You acknowledge and agree that GWI is not a party to the building, provision, and where applicable the sale, of the Modeled Segment and GWI does not process any personal data in connection with such services. You also acknowledge and agree that GWI does not process any personal data in connection with such Modeled Segments or Platform. 
      
      

   4. California: In this clause 5.4, the following terms shall have the meaning given to them in the CCPA and shall be construed accordingly: business, consumer, personal information, process and third party. With respect to the Custom Segment delivery to Panel Provider, to the extent CCPA applies to such delivery, you will act as a business and GWI and the Panel Provider shall each act as third party. The Parties acknowledge that you shall not receive access to any personal information. Unless otherwise permitted under the CCPA, you require personal information to be disclosed to third parties only as directed by the consumer. Each third party:

          
      5.4.1 shall use personal Information subject to CCPA to build Modeled Segment or advertise goods and services that may interest the consumer only. Personal information is made available only for these limited and specified purposes;
      
      5.4.2 shall comply with all applicable sections of the CCPA including but not limited to ensuring the same level of privacy protection as required for a business under the CCPA and complying with any consumer requests forwarded by the business to the extent required by the CCPA;
      
      5.4.3 shall implement reasonable security procedure and practices;
      
      5.4.4 shall grant you the right to take reasonable and appropriate steps to ensure personal information is used consistently with GWI’s obligations under the CCPA;
      
      5.4.5 shall grant you the right, upon notice, to take reasonable and appropriate steps to stop and remediate unauthorized use of personal information; and
      
      5.4.6 shall notify you immediately (and in any event within 24 hours) after a determination is made that the third party can no longer meet the obligations of the CCPA. The third party agrees to cease any unauthorized processing and take any remedial action required to ensure compliance with the CCPA.
6. SURVIVAL 
   
   

   Obligations by their nature intended to survive termination of this Agreement shall survive including clauses 3.2 and 4.

CUSTOM ACTIVATIONS DATA PROCESSING AGREEMENT

This Annex 1 DPA to the relevant SOW describes Processing that GWI will perform on behalf of You as Controller in accordance with your written instructions in this Annex 1 and any other written instructions from time to time in order to provide the services described below as set out as required by Article 28(3) GDPR or provisions in applicable Data Protection Legislation.

SUB-PROCESSORS

The Processing activities required to perform the services described above  will be carried out using the Sub-processors in  the table below.

INTERNATIONAL TRANSFERS

GWI will ensure it has in place with Dynata (as subprocessor) terms that are materially the same as in this Annex 1. GWI shall include as appropriate: (a) where there are international transfers of a Custom Segment protected by the EU GDPR, the Standard Contractual Clauses (EU SCCs) annexed to the European Commission’s Decision (EU) 2021/914 of 4 June 2021 currently found at https://eurlex.europa.eu/eli/dec_impl/2021/914 , as may be amended, superseded or replaced; or (b) for a restricted transfer subject to UK GDPR, the EU SCCs as modified by the "International Data Transfer Addendum to the EU Standard Contractual Clauses” issued by the Information Commissioner’s Office under s.119A(1) of the Data Protection Act 2018 (“UK Addendum”).

There is no restricted transfer of personal data under Data Protection Legislation between GWI and you. GWI will flow down the obligations to Dynata to ensure: (i) the contract covers the instructions as set out in this Annex 1, and (ii) Dynata will where applicable in turn ensure that EU SCCs and UK Addendum are entered into between Dynata and its relevant sub-processors as required by the EU GDPR and UK GDPR.

GWI TECHNICAL AND ORGANISATIONAL SECURITY MEASURES

GWI shall maintain appropriate technical and organisational measures (GWI Technical and Organisational Security Measures) and shall:

(a) provide such assistance as Controller may require for the purpose of Controller: (i) demonstrating compliance with their obligations under Data Protection Laws and (ii) protecting the GWI Pseudonymized Data against unauthorised or unlawful Processing and against accidental or unlawful destruction, loss or alteration, unauthorised disclosure of, or access to, GWI Pseudonymized Data;

(b) process the GWI Pseudonymized Data in accordance with the relevant Data Protection Laws;

(c) maintain confidentiality and integrity of GWI Pseudonymized Data, including but not limited to compliance with the Agreement;

(d) adopt suitable technical safeguards, such as the pseudonymization and encryption of GWI Pseudonymized Data where appropriate;

(e) adopt measures to ensure the ongoing, availability and resilience of GWI’s systems and services;

(f) adopt a process for regularly testing, assessing and evaluating the effectiveness of the GWI Technical and Organisational Security Measures for ensuring the security of the processing of GWI Pseudonymized Data;

(g) ensure all processing is subject to binding written contractual obligations which provide an adequate level of confidentiality over the GWI Pseudonymised Data;

(h) ensure adequate training on compliance has been provided as required.

Additional Processing Terms

For Controller Personal Data (i.e. processing activities described in this Annex 1) where GWI acts as processor, GWI will, and will contractually require its subprocessor Dynata to, comply with the following:

1. only process the Controller Personal Data in accordance with this Annex 1 and any Controller documented instructions from time to time except where otherwise required by applicable law. GWI shall immediately inform the Controller if any instruction relating to the Controller Personal Data infringes any Data Protection Laws.
2. In relation to the Modelled Segment GWI shall contractually require Dynata to at its own cost: (a) provide such information and assistance (including by taking all appropriate technical and organisational measures) as Controller may require in relation to the fulfilment of the Controller’s obligations to respond to requests for exercising the data subjects’ rights under applicable Data Protection Laws; and (b) provide such reasonable information and co-operation to the Controller as Controller reasonably requires (taking into account the nature of processing and the information available to GWI) to ensure compliance with the Controller’s obligations under Data Protection Laws, including with respect to: (i) security of processing (including with any review of security measures); (ii) data protection impact assessments (as such term is defined in Data Protection Laws); (iii) prior consultation with a data protection supervisory authority regarding high risk processing; and (iv) and/or any complaint or request relating to either party’s obligations under Data Protection Laws relevant to this Agreement.
3. GWI shall at its own cost where related to Controller Personal Data: (a) record and refer all requests and communications received from data subjects or any data protection supervisory authority to Controller to pass on to Controller where appropriate; (b) not respond to any such requests or communications without the Controller’s express written approval unless and to the extent required by applicable law; and (c) maintain complete, accurate and up to date written records of all categories of processing activities carried out on behalf of Controller.
4. GWI will not process and/or transfer, or otherwise directly or indirectly disclose, any Controller Personal Data in or to any country or territory outside of the UK, European Economic Area (EEA) or the US without the Controller’s prior written authorisation or as agreed in this Annex 1.
5. GWI will allow and provide reasonable assistance as required for an audit by the Controller, with prior reasonable written notice, as this relates to Controller Personal Data.
6. GWI shall resolve, at its expense, all data protection and security issues discovered or reported to GWI that reveal a breach or potential breach by GWI of its obligations under the Agreement.
7. GWI shall without undue delay (and in any event within 72 hours): (i) notify Controller if it becomes aware of any personal data breach in respect of any Controller Personal Data; and (ii) provide the information as Controller reasonably requires in relation to the personal data breach to ensure Controller can report the personal data breach to a data protection supervisory authority (such as the Information Commissioner’s Office) and to notify affected data subjects as required under Data Protection Laws.
8. GWI shall not make or authorise any announcement or publication about any personal data breach without the agreement of the Controller.

GWI will, at the Controller’s written request or after termination of the Agreement: (i) delete the Modelled Segment and in any event within 30 days; and (iii) also delete existing copies (unless storage of any data is required by applicable law).