Legal Definitions - secondary use

A secondary use refers to an application or purpose of an asset, data, or right that differs from its original, primary, or initially intended function. This alternative use often becomes permissible or relevant under specific conditions, after a certain event, or with additional consent or agreement.

• Example 1: Property Use

  A local community center is primarily designed and funded for educational workshops and public meetings. However, its operating agreement includes a provision for a secondary use, allowing local non-profit organizations to rent out the main hall for fundraising events on weekends, provided these events do not conflict with the center's primary educational schedule and adhere to specific noise and capacity limits.

  This illustrates a secondary use because the center's main purpose is educational and civic engagement. Hosting fundraising events for other non-profits is a distinct, additional use that is permitted under specific conditions, making it a secondary function.

• Example 2: Data Privacy

  An online retail company collects customer shipping addresses solely for the purpose of delivering purchased goods (its primary use). The company's privacy policy, however, also outlines a potential secondary use: if a customer explicitly opts in, their address might be shared with a trusted third-party delivery insurance provider in the event of a lost package claim, but only for the specific purpose of processing that claim.

  Here, the initial collection of the address is for product delivery. Sharing it with an insurance provider for a specific claim is a different, secondary purpose that requires explicit customer consent beyond the primary use.

• Example 3: Intellectual Property Licensing

  A graphic designer creates a logo for a new restaurant, granting the restaurant a license for its primary use on menus, signage, and marketing materials. The licensing agreement might also specify a secondary use, allowing the restaurant to feature the logo on merchandise like t-shirts and coffee mugs, but only after paying an additional licensing fee or reaching a certain sales milestone.

  The logo's initial purpose is branding for the restaurant's core business. Using it on merchandise is a distinct, additional commercial application that is permitted under specific financial conditions, thus constituting a secondary use.