Terms for data appends

Date of Last Revision: October 21st, 2026

In addition to the terms and conditions set forth elsewhere in the Agreement, the following terms and conditions apply with respect to Data Appends. Capitalized terms used but not otherwise defined herein shall have the meanings given in the Terms of Service by and between the applicable Client and Faraday, Inc. (the “Terms of Service”).

Mover Data; Scope

As used in these Data Append Terms, “Mover Data” means Data Appends that identify or relate to consumers who have recently moved or who are preparing to move (including new mover and pre-mover data), and any list, audience, flag or other Output that identifies or selects consumers on the basis of such data, including new mover direct mail and new mover digital audience Outputs. Sections 2, 5, 6, 9, 10.1, 10.3 and 11 apply to all Data Appends, including Mover Data. All other provisions of these Data Append Terms apply only to Data Appends other than Mover Data (i.e., such provisions do no apply to Mover Data). References to “Data Appends” in Sections 2, 5, 6, 9, 10.1 and 10.3 include Mover Data.

1. Authorized Uses

With respect to Data Appends, all Authorized Uses by Client are limited to: (a) the Client’s own direct marketing programs and not those of another party; (b) the Client’s offline direct marketing activities and providing targeted online marketing programs to consumers for the Client’s products and/or services, limited only to (i) media targeting, (ii) site personalization, or (iii) creative optimization use cases; and (c) the Client’s own email campaigns, and not those of another party, to customers who have opted in to receive email communications from the Client. In connection with targeted online marketing programs, Client may enhance and/or match, and may allow its online vendors to enhance and/or match, any of their cookies and other data with the Data Appends. Such online vendors may only use the Data Appends to support Client and Client retains all legal liability for its online vendors’ use/processing of the Data Appends. Data Appends may not be used by such online vendors for their own internal use, in support of other clients, or any other use except as expressly permitted herein. For clarity, online vendors must meet the requirements of Permitted Service Providers. Email addresses (including hashed email addresses) included in the Data Appends may be used solely for internal matching, customer identification and onboarding purposes, and Client will not send any email to any such email address. Any individual, household, address or other identifiers or “keys” included in the Data Appends may be used solely to merge and maintain Client’s internal consumer records and may not be sold, rented, marketed, distributed, shared or otherwise disclosed to any third party. Records enhanced with Data Appends may be used for Client’s offline and online marketing campaigns only during the twelve (12) month period following Faraday’s initial delivery of such enhanced records, and such period will not be extended by any subsequent update or refresh of the Data Appends unless otherwise agreed by Faraday in writing.

2. Client

Notwithstanding anything to the contrary in the Agreement, Client may not provide Data Appends to customers who are in the business of obtaining data from one or more sources and subsequently providing such data or information products or services derived from such data to multiple third parties.

3. Disclosure; Permitted Service Providers

Other than disclosure to a Permitted Service Provider, Client will not disclose to any third party all or any portion of the Data Appends in any form whatsoever. “Permitted Service Provider” means (a) if the service provider is not a Competitor of Faraday (as defined in Section 7 of these Data Append Terms), any third party to whom disclosure is necessary in order for Client to exercise its rights with respect to the Data Appends and with which the Client executes a written agreement that includes all of the terms set forth below in this Section 3; or (b) any Competitor of Faraday that executes a third-party processor agreement, in a form approved by Faraday, with Faraday and Client. Client is fully responsible to Faraday for the acts and omissions of its contractors and agents, including, without limitation, its Permitted Service Providers. Client will include the following terms, or substantially similar terms consistent with industry standards and practices, in its agreements with Permitted Service Providers: (i) requirements that the Data Appends be held in confidence and restrict the use of the Data Appends to the marketing and/or advertising activities for the Client as permitted in the Agreement; (ii) a prohibition on any reverse engineering, decompiling, or decoding, in whole or in part, of the Data Appends in order to separately store or save the Data Appends; (iii) obligations to (A) ensure appropriate access controls to the Data Appends, (B) prevent unauthorized disclosure of the Data Appends, and (C) notify Client of any unauthorized access to or use or disclosure of the Data Appends; (iv) requirements to comply with applicable laws generally, as well as adherence to practices that are consistent with the Association of National Advertisers and any other industry accepted self-regulated principles, including those for targeted online marketing and advertising and the collection and use of online data for such purposes if applicable. For online vendors, this requirement includes, but is not limited to, their practices and procedures for matching offline data with online anonymous identifiers; (v) an obligation to maintain reasonable records of transmissions of the Data Appends; (vi) a requirement to reasonably cooperate with any inquiries from Client, Faraday or Faraday’s third-party data licensors (“Data Licensors”) about the processing of the Data Appends; (vii) a right for Client, Faraday and the Data Licensors to audit the service provider’s use of the Data Appends, and Client will conduct such an audit upon Faraday’s request and provide the results of such audit to Faraday; and (viii) a provision making Faraday and the Data Licensors express third-party beneficiaries with standing and full rights to enforce such terms against the service provider with respect to the Data Appends.

4. Compliance

Client is solely responsible for compliance with all “do not call,” “do not mail,” and similar legislation relating to telemarketing, privacy, and email activities, including but not limited to the CAN-SPAM Act (15 U.S.C. § 7701 et seq.), the Telephone Consumer Protection Act (47 U.S.C. § 227 et seq.), and the Telemarketing Sales Rule (16 C.F.R. § 310 et seq.). Without limiting the foregoing, Client is responsible for obtaining any consent that may be legally required to call, text, fax or otherwise communicate with any telephone numbers that may be included in the Data Appends. Client represents and warrants that Client will not use the Data Appends in connection with the initiation of a telephone call or message to any person for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, unless Client has independently verified that such use of the Data Appends is compliant with the Telephone Consumer Protection Act (47 U.S.C. § 227 et seq.). Client will subscribe to all applicable do-not-call lists, including the national do-not-call registry, and will use any suppression lists provided by Faraday in accordance with applicable law, removing data from the Data Appends as appropriate.

5. Specific Use Restrictions

Client represents and warrants that the Data Appends will not be used in connection with: (a) any individual or household reference service application, skip tracing, electronic directory assistance or other e-data look-ups; (b) employment or a review of employee records, including without limitation for evaluating an individual for employment or for promotions, reassignment, or retention as an employee; or (c) any other type of review, analysis, or assessment of an individual or household record that is not expressly permitted hereunder.

6. Source Code/Segregated Data

Client will appropriately source code or segregate the Data Appends to ensure that: (a) use of the Data Appends is consistent with the Agreement and can be verified; and (b) the Data Appends can be returned or destroyed upon termination of the Agreement or as otherwise required by these Data Append Terms.

7. Competitors of Faraday

Client agrees that it will not provide to any Competitor of Faraday (a) any Data Appends, or (b) any list based upon, derived from, or enhanced with the Data Appends. For purposes of these Data Append Terms, “Competitor of Faraday” means:

(i) any party known to Client to be owning or in possession of a list with household or individual counts that match at least 50% of the Data Appends counts for the geographic area covered by said party’s list; and/or

(ii) the following parties and any other party that is, at the time in question, an affiliate of such party:

• Accudata Integrated Marketing
• Acxiom/IPG/Kinesso
• Adstra
• Alesco Data Group, LLC
• Allant Group
• Alliant Cooperative Data Solutions
• Amsive (fka SourceLink)
• Anchor Computer
• Blend360
• Choreograph, LLC (aka. Wunderman Data/KBM Group/iBehavior)
• Claritas, LLC
• Compact Information Systems (CIS)
• Compass Marketing Solutions, LLC
• Computer Sciences Corporation (CSC)
• Data Axle (fka InfoGroup)
• Data Decision Group
• DataDelivers (fka Cogensia/CAC Group)
• DataLab
• DataMyx/Deluxe Corporation/FMCG Direct
• Equifax
• Experian Information Solutions, Inc.
• Fair Isaac Corp (aka FICO)
• FullContact, Inc.
• Lexis-Nexis
• M1 Data & Analytics
• Mailers Haven, LLC
• Merkle, Inc./Dentsu
• Nsightful (fka Central Address Systems (CAS))
• OnTarget Data Services, LLC
• Oracle/DataLogix
• Pitney Bowes
• Rapp Worldwide California, Inc.
• S&P Global Mobility/IHS Markit Inc./R. L. Polk & Co.
• Speedeon Data
• Target Base
• TransUnion/Neustar
• USAData, Inc.
• V12 Data/DataMentors, Inc.
• Valassis/ADVO Systems, Inc.
• Verisk/Infutor Consumer Data Solutions, Inc./Jornaya
• Wiland

Faraday may update the foregoing list by providing written notice to Client, however the restrictions regarding the provision of Data Appends to such new Competitor of Faraday will not apply retroactively.

8. Reseller

8.1 Marketing Conflict. In the event that any marketing conflict arises between Faraday and Client, upon written notice of such conflict from Faraday specifying the conflict, Client will immediately suspend all marketing activity relating thereto until such time as the Parties are able to resolve such conflict.

8.2 Restricted Entities. Client acknowledges that it will not sell any Data Appends to the customers, brokers, broker subsidiaries and/or broker affiliates listed in Appendix I to these Data Append Terms. Faraday may update Appendix I by providing written notice to Client, however the restrictions regarding the provision of Data Appends to such customers, brokers, broker subsidiaries and/or broker affiliates listed in an updated version of Appendix I to these Data Append Terms will not apply retroactively.

9. Marketing Practices; Foreign Adversaries

9.1 Marketing Practices. Client represents and warrants that the Data Appends will be used: (a) in accordance with relevant self-regulatory guidelines and principles, including the guidelines of the Association of National Advertisers and the principles promulgated by the Digital Advertising Alliance; (b) in a manner that gives due consideration to privacy, confidentiality and other marketing and advertising issues to which consumers may be sensitive; and (c) without any indication that any party possesses information about the recipient, other than name and address, that is derived from the Data Appends. All solicitation and advertising copy prepared in connection with the Data Appends will be devoid of any reference to selection criteria or presumed knowledge concerning the intended recipient that is derived from the Data Appends, other than name and address.

9.2 Foreign Adversaries. Client represents and warrants that (a) it is not (i) an entity or person that is “controlled by a foreign adversary,” as defined in the Protecting Americans’ Data from Foreign Adversaries Act of 2024 (“PADFA”), or (ii) a “covered person,” as defined in 28 C.F.R. Part 202 (the “DOJ Final Rule”); and (b) it will not, and will ensure that its affiliates, subsidiaries, representatives, subcontractors and Client Parties do not, permit any Data Appends that are subject to PADFA or the DOJ Final Rule to be Transferred to or Accessed by (i) a “foreign adversary country” or an entity or person that is “controlled by a foreign adversary,” each as defined under PADFA, or (ii) a “country of concern” or “covered person,” each as defined under the DOJ Final Rule. As used in this Section 9.2, “Transferred” means sold, licensed, rented, traded, transferred, released, disclosed, provided access to, or otherwise made available, and “Accessed” means logically or physically accessed, including the ability to obtain, read, copy, decrypt, edit, divert, release, affect, alter the state of, or otherwise view or receive, in any form, including through information systems, information technology systems, cloud-computing platforms, networks, security systems, equipment or software, without regard to the application or effect of any security requirements.

10. Restricted Categories

10.1 All Data Appends. Client will not use, and will ensure that Client Parties do not use, any Data Appends for or on behalf of any person or offer that promotes, or in connection with any creative that promotes or includes, any of the following: (a) illegal products or services, including federally prohibited drugs (including marijuana and cannabidiol (CBD) products) and drug paraphernalia, explosives or fireworks, illegal or offshore gambling, legal products or services marketed for illegal purposes (such as offshore pharmaceuticals sold to U.S. consumers), and Ponzi or pyramid schemes; (b) astrology, horoscopes or psychic services; (c) organizations or messaging that promote hatred, intolerance, harassment, discrimination or violence; (d) corporate or brand attacks; (e) cryptocurrency products or services or other blockchain-based digital assets; (f) degree programs from non-accredited institutions; (g) escort services or intimate massage; (h) financial products or services that offer payday loans or cash advances, or that guarantee financial returns or foreclosure prevention; (i) surveys that are conducted under false pretenses, that misrepresent the purpose of the survey or how its results will be used, or that fail to obtain proper consumer consent for sharing the information collected; (j) offers that falsely promise that the consumer can or will easily receive an award or sum of money, including puzzle clubs, sweepstakes reports and offers that require payment to claim a prize; (k) self-help offers that guarantee wealth or financial success; (l) telemarketing offers that use a “magalog” format; or (m) any client or offer previously terminated by Faraday or any Data Licensor in connection with the “opportunity seeker” category.

10.2 Additional Restricted Categories. In addition to Section 10.1, Client will not use any Data Appends other than Mover Data in connection with: (a) unclaimed funds; (b) lotteries that are not government-run; (c) foreclosure leads; or (d) self-help offers that purport to teach consumers how to make money.

10.3 Updates. Faraday may update the restricted categories in this Section 10 by providing written notice to Client; however, any such update will not apply retroactively.

11. Mover Data

11.1 Authorized Uses. Client may use Mover Data, and may provide Mover Data to its Tenants for their use, solely for direct marketing and analytic purposes through the following channels: (a) analytics, including modeling, aggregation, reporting, analysis and segment creation; (b) flagging records within Client’s or a Tenant’s own customer relationship management, marketing automation or customer data platform systems for scoring and marketing purposes; (c) direct mail; and (d) digital advertising. Mover Data delivered as a prospect list (that is, records not already contained in Client’s or the applicable Tenant’s own customer files) may be used for a single deployment, and each digital audience derived from Mover Data may be used for no more than thirty (30) days following its deployment. Each such digital audience must consist of passive data files, not containing any viruses, malicious code, adware, spyware or similar programming, that are removable through normal browser cookie removal procedures. The provisions of Section 1 regarding online vendors apply to Mover Data, except that such online vendors may also use Mover Data to support Tenants and need not meet the requirements of Permitted Service Providers. Notwithstanding any provision of the Terms limiting the use of Data Appends to Client’s internal use, Client may provide Mover Data to Tenants as permitted in this Section 11.

11.2 Tenants. Client may provide Mover Data to a Tenant only pursuant to a written agreement between Client and such Tenant that contains restrictions, limitations and obligations with respect to Mover Data that are consistent with these Data Append Terms, including a requirement that the Tenant cease use of and destroy all copies of Mover Data as provided in Section 11.5. Upon request, Client will provide Faraday with copies of the relevant portions of each such agreement. Within ten (10) days after the end of each calendar month, Client will provide Faraday with a written report identifying each Tenant to which Client provided Mover Data during such month, together with such other usage information as Faraday may reasonably request.

11.3 Additional Restrictions. Client will not, and will ensure that its Tenants do not: (a) use any telephone numbers included in Mover Data for telemarketing, SMS or text message marketing; (b) use Mover Data in any product or service that provides mortgage or housing market analytics, housing valuations (including automated valuation models) or related property price, inventory, transaction, forecasting or similar analyses, housing market trends, mortgage or real estate investment, trading, or financial derivatives of any kind; (c) use Mover Data to publish or maintain a directory or other compilation of information in any form, or make Mover Data available in an online environment or through a publicly available website, other than making Mover Data available to Tenants through Client’s own subscription-based platform as permitted in this Section 11; (d) input, upload or otherwise expose Mover Data to any publicly available or third-party artificial intelligence system, tool or platform that may use such data for model training, learning or any other purpose not specific to Client or the applicable Tenant, provided that Client and its Tenants may use Mover Data within their own secure, internally hosted or private artificial intelligence environments that do not expose Mover Data to any third party; (e) export, re-export, use or store Mover Data at any location outside the United States; (f) prepare any solicitation or advertising copy that references the source of the recipient’s name and address; or (g) use Mover Data for or on behalf of any person or offer that promotes, or in connection with any creative that promotes, illicit or deceptive products, services or content, sexual content, pornographic materials, weapons or chain letters, or, with respect to Mover Data relating to children under thirteen (13) months of age, photography services, diapers, baby food or infant formula. In addition, Customer will not, and will ensure that its Tenants do not, export, re-export, use, or store, directly or indirectly, any Mover Data at any location or in any market outside of the United States.

11.4 Records; Seeding; Security Incidents. Client will maintain complete and accurate records of its and its Tenants’ use, retention and destruction of Mover Data during the term of the Agreement and for one (1) year thereafter, and will make such records available to Faraday upon reasonable request. Client acknowledges that Mover Data may be seeded to detect use in violation of the Agreement. Client will notify Faraday in writing within twenty-four (24) hours of learning of or reasonably suspecting any unauthorized access to, or use or disclosure of, Mover Data, and will cooperate with Faraday in remedying such incident and in giving any notice required under applicable law. Upon Faraday’s request, Client will provide samples of any mail pieces, advertising copy or other communications to be sent to consumers using Mover Data prior to such use.

11.5 Changes; Discontinuation. Faraday may impose additional restrictions on the use of Mover Data, or discontinue providing Mover Data, upon written notice to Client. If Faraday imposes an additional restriction, Client may terminate its subscription to Mover Data by written notice to Faraday within thirty (30) days after receipt of Faraday’s notice. Upon any such termination or discontinuation, Faraday will refund any prepaid fees for Mover Data attributable to the period following the effective date of such termination or discontinuation, and Client will, and will ensure that its Tenants, cease all use of and destroy all copies and derivatives of Mover Data promptly (and in any event within ten (10) days) after such effective date.

11.7 Tenants. Where the Agreement permits Client to use the Faraday Products for the benefit of Tenants, the provisions of this Section 11 that refer to Tenant(s) shall be in full force and effect. References to Tenants in this Section 11 shall have no force or effect where the Agreement does not define that term “Tenants” and expressly permit Client to use Faraday Products for the benefit of such Tenants.

APPENDIX I TO DATA APPEND TERMS

RESTRICTED ENTITIES

• 21st Century Insurance
• 4Imprint
• AAA: American Automobile Association
• AARP Insurance
• Abbott Laboratories
• AbbVie Corporation
• Acurian
• ADS: Alliance Data Systems
• ALSAC/St. Jude Children's Research Hospital
• AMDR: American Marketing Direct Response
• America's Gardening Resource
• American Girl, LLC - MCM
• American Mint
• ASPCA
• AstraZeneca
• AT&T Inc.
• Athleta
• AutoNation
• Bank of America
• BANK OF MONTREAL
• Best Buy
• Big Heart Pet Brands
• Blue Apron, Inc.
• Bluestem Brands
• Bonobos, Inc.
• Bradford Group aka BGE, Ltd.
• Brightfocus Foundation
• Brooks Brothers Group, Inc.
• Brookstone, Inc.
• Burlington Coat Factory
• Cabela's
• Camelot SI LLC
• Canada, Inc.
• Capital One
• Charter Communications
• Chico's FAS, Inc.
• Chrysler - FCA US LLC
• Citizens Bank
• Cobalt 27, LLC
• Coca-Cola
• Connect America
• Cooperative for Assistance and Relief Everywhere, Inc. (CARE)
• Cornerstone Brands
• Crate & Barrel
• CWC Direct, LLC
• Darden Restaurant Group
• Data Decisions Group
• DataLab USA
• Democratic Congressional Campaign Committee (DCCC)
• Democratic National Committee
• Design Within Reach
• DHC USA Incorporated
• Discover Financial Services
• Discovery Communications
• DISH Network LLC
• Distinctive Apparel, Inc.
• Doctors without Borders
• Duluth Holdings Inc.
• DXM Marketing Group
• Earth Sun Moon Trading Company, Inc.
• Eddie Bauer, Inc.
• Energizer
• Engineering Services
• Equifax
• ExxonMobil
• Fair Isaac Corporation
• Farmers Insurance
• Feeding America
• Fifth Third Bank
• Fisher Investments Inc.
• Ford Motor Company
• Frederick's of Hollywood Group
• Full Beauty Brands, L.P.
• G4 Holdings, Inc. dba Geiger Group
• Gardens Alive
• General Mills
• General Motor Company
• Genesco Inc.
• GLM, Inc. (Green Light Marketing)
• Golden Gate Orchard Brands (Holding Co)
• Great Call
• Grocery Delivery E-Services USA Inc. dba HelloFresh
• Guideposts
• Guthy-Renker Corp
• Habitat for Humanity International, Inc.
• Hammacher Schlemmer
• Hampshire Labs, Inc.
• Hanover Direct, Inc.
• Harbor Freight Tools USA, Inc.
• Harriet Carter Gifts
• Harry and David
• Hayneedle, Inc.
• HealthGrades CPM
• Healthy Directions Publishing, LLC
• Highlights
• Hilton Worldwide, Inc.
• Home Depot
• Home Market Foods, Inc.
• Honda
• Hormel Foods Corporation
• Houdini Industries
• Humane Society of United States
• Immunocorp
• Institute for Vibrant Living
• Intergrated Direct Marketing
• International Fellowship of Christians & Jews, Inc.
• ITG Brands, LLC
• James Avery Craftsman, Inc.
• Johnson & Johnson
• Jos. A. Bank Clothiers, Inc.
• JP Boden Services
• Kansas City Steaks
• Kellogg Company
• Kimberly-Clark Global Sales, LLC
• Lego
• Leukemia and Lymphoma Society
• LifeLine Screening
• LifeLock
• Littleton Coin Company, LLC
• LL Bean
• LTD Commodities
• Market Approach Consulting
• Marriott Hotels
• Mars, Inc.
• Mason Shoes Manufacturing Co.
• MBI, Inc.
• Meadowbrook, LLC dba The Land of Nod
• Men's Wearhouse, Inc.
• Mercedes Benz
• Meredith Corporation
• Metropolitan Life Insurance Company
• Microcenter/Micro Electronics
• Mindware
• Miracle Ear, Inc.
• Mother Parkers Tea & Coffee
• Mutual of Omaha Insurance Company
• National Geographic Society - MCM
• National Pen Corporation
• NCRI List Management
• Nestlé USA Inc.
• Nissan USA
• North Shore Animal League
• Northern Tool & Equipment Catalog Co.
• Office Depot
• Orbitz Worldwide, Inc.
• Oriental Trading Company
• Orvis
• OSP Group L.P.
• PARK University Enterprises, INC.
• Patagonia Mail Order, Inc.
• PepsiCo
• Personal Concepts
• Pfizer Inc.
• Physicians Mutual/Life Insurance
• Pier 1 Holding, Inc.
• Pitney Bowes
• Plow & Hearth, LLC
• Potpourri
• prAna Living, LLC
• Procter & Gamble Group
• ProMax Plus, Inc.
• Provide Commerce, Inc.
• Publishers Clearing House
• RBS Citizens Bank
• Reader's Digest Association, Inc.
• Reckitt Benckiser
• Royal Bank of Canada
• S.C. Johnson and Son, Inc.
• Samba TV/Free Stream Media
• Sequel Response
• Shutterfly
• Silver Star Brands, Inc.
• Sirius Satellite Radio Inc.
• Soft Surroundings
• Southwest Indian Foundation
• Speedeon
• Stamps.com
• Staples, Inc.
• Sundance Catalog
• SunTrust Bank
• Swift Financial Corporation
• Synchrony Financial
• Systemax, Inc.
• Talbots, Inc.
• Tauck Tours
• Taylor Corp
• The Bon-Ton Department Stores, Inc.
• The Container Store, Inc.
• The J. Jill Group, Inc.
• The Nature Conservancy
• The Neiman Marcus Group, Inc.
• The Salvation Army Metropolitan Division
• The Teaching Company
• Think Direct Marketing Group
• TIAA-CREF
• Time Consumer Marketing, Inc. - PUB
• Time Warner Cable
• Title 9 Sports
• Toyota
• Transamerica
• Travelers Insurance
• Turner Broadcasting
• UncommonGoods
• Unilever USA
• Universal Screen Arts
• USAA
• ValusDirect, LLC
• Vantiv
• Venus Fashion
• Verizon
• Vermont Country Store, The
• Vermont Teddy Bear Company
• Viking River Cruises
• VRP Brands, LLC (Vitamin Research Products)
• Walgreen's
• Wayfair, LLC
• Williams Sonoma
• Winston Brand