Data License & Usage Terms

Version 1.2 · Effective 19 October 2026

1. Definitions

"Licensor" means Stuart McCulloch, trading as TrackWatch, PO Box 6945, London, W1A 6US (ICO registration ZC275210).

"Licensee" means the person or organisation that purchases or accesses the Intelligence.

"Intelligence" means the data, findings, reports and analysis provided by Licensor to Licensee, including but not limited to business names, website URLs, technical observations about consent mechanisms and tracking pixels, paid-advertising activity indicators, severity classifications, Companies House numbers, corporate contact details where provided, PDF reports and CSV manifests.

"Target Business" means the limited company or LLP identified in the Intelligence.

"Target Business Record" means the findings from one specific scan of a Target Business, as delivered to Licensee.

"Corporate Contact" means a business email address or contact method associated with the Target Business, excluding any personal (non-business) email address of an individual.

2. Scope of license

2.1 Licensor grants Licensee a non-transferable, revocable license to use the Intelligence solely for the purpose of direct B2B outreach to Target Businesses regarding website compliance, tracking pixel configuration, advertising tracking, or related services.

2.1.1 Exclusivity of each Target Business Record. Each Target Business Record is sold exclusively to the Licensee that purchases it. Once a Target Business Record has been delivered to a Licensee, Licensor will not sell, license, deliver or otherwise provide that same Target Business Record to any other party. This exclusivity is enforced by Licensor's own systems (a given record cannot be recorded as sold more than once) and is not merely a policy statement.

2.1.2 Scope of exclusivity. The exclusivity in Clause 2.1.1 applies only to the specific Target Business Record sold. If the same Target Business is scanned again at a later date and a new finding is identified, the resulting record is a separate Target Business Record, which Licensor may sell to any Licensee. Exclusivity does not grant Licensee any rights over Licensor's scanning methodology, report format, scanning technology, business name, or any aggregated or anonymised data derived from Licensor's scanning activity, all of which remain Licensor's property under Clause 5.

2.2 This license is strictly limited to Licensee's own commercial use. The Intelligence may not be resold, sublicensed, shared with third parties, or used for any purpose other than as stated herein.

2.3 Each delivery of Intelligence is licensed for a single user or organisation unless otherwise agreed in writing.

2.4 Traceability. Each delivered report may contain an embedded reference identifying Licensee. Licensee shall not remove, alter or obscure this reference.

3. Lawful basis warranty

3.1 Licensee warrants that they will only contact Target Businesses where they have established a valid lawful basis under applicable data protection law (including UK GDPR, EU GDPR and PECR).

3.2 Where Licensee relies on legitimate interest as their lawful basis, they warrant that they have conducted or will conduct a Legitimate Interest Assessment specific to their outreach activity.

3.3 Licensee shall not use the Intelligence to send unsolicited marketing communications where they do not have consent or another valid lawful basis.

4. Prohibited uses

Licensee shall not:

4.1 Use the Intelligence to harass, intimidate, threaten, or misrepresent the legal status of any Target Business;

4.2 Use findings in any public-facing material (for example, case studies, blog posts or social media) that identifies a Target Business without that business's prior written consent;

4.3 Attribute the Intelligence to Licensor in any communication with a Target Business without prior written consent;

4.4 Combine the Intelligence with personal data obtained from other sources to create enriched profiles of identifiable individuals;

4.5 Use the Intelligence for any purpose relating to employment decisions, credit scoring, or insurance risk assessment;

4.6 Retain Intelligence relating to any Target Business for longer than 12 months from the date of delivery without a legitimate ongoing business relationship with that Target Business.

5. Intellectual property

5.1 All Intellectual Property Rights in the Intelligence, including the methodology, report formats and aggregated data, remain the exclusive property of Licensor.

5.2 Licensee acquires no ownership rights in the Intelligence. The license granted herein is strictly limited to the use described in Clause 2.

6. Data protection & confidentiality

6.1 Both parties acknowledge that the Intelligence may constitute personal data under applicable data protection law, in particular where a Corporate Contact identifies an individual.

6.2 Licensee shall implement appropriate technical and organisational measures to protect the Intelligence from unauthorised access, loss or disclosure.

6.3 In the event of a personal data breach affecting the Intelligence, Licensee shall notify Licensor without undue delay and in any event within 24 hours of becoming aware of the breach.

6.4 If Licensor notifies Licensee that a Target Business has objected to processing or requested erasure, Licensee shall stop using and delete the Intelligence relating to that Target Business, unless Licensee has an independent lawful basis to keep it.

7. Indemnity

7.1 Licensee shall indemnify and hold harmless Licensor and Licensor's employees, contractors and agents from and against any and all claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with: (a) Licensee's use of the Intelligence in breach of these Terms; (b) any claim by a Target Business or regulatory authority that Licensee's outreach or processing of the Intelligence violated applicable law; (c) any breach by Licensee of its warranties under Clause 3.

8. Termination & audit

8.1 Licensor may terminate this license with immediate effect by written notice if Licensee breaches any term herein.

8.2 Upon termination, Licensee shall promptly destroy or return all Intelligence and certify the same in writing.

8.3 Licensor reserves the right to audit Licensee's use of the Intelligence upon reasonable notice to ensure compliance with these Terms.

9. Limitation of liability

9.1 Licensor provides the Intelligence on an "as is" basis. While Licensor uses reasonable efforts to ensure accuracy, Licensor does not warrant that the Intelligence is complete, error-free, or current at all times. Remedies for an inaccurate Target Business Record are set out in Licensor's Refund Policy.

9.2 Licensor's total liability under or in connection with these Terms shall not exceed the total amount paid by Licensee for the Intelligence in the 12 months preceding the claim.

9.3 Licensor shall not be liable for any indirect, consequential, or punitive damages.

9.4 Nothing in these Terms excludes liability that cannot be excluded by law.

10. Governing law & jurisdiction

10.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales.

10.2 The parties submit to the exclusive jurisdiction of the courts of England and Wales.

11. Acknowledgment

By purchasing or accessing the Intelligence, Licensee acknowledges that they have read, understood, and agree to be bound by these Terms.

Stuart McCulloch, trading as TrackWatch
PO Box 6945, London, W1A 6US
hello@trackwatch.info · trackwatch.info