Additional CCPA Data Processing Agreement
This Agreement was last modified on August 6, 2020.
THESE ADDITIONAL TERMS FOR DATA PROCESSING (THE “PROCESSING TERMS”) GOVERN IN COMPLIANCE WITH THE CCPA AND FORM A PART OF THE AGREEMENT BETWEEN TRACKJS AND YOU. BY COMPLETING THE REGISTRATION PROCESS, LOGGING INTO THE SERVICE, OR BY OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THE TERMS OF SERVICE, AGREE TO BECOME BOUND BY ITS TERMS, AND CERTIFY THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THE ENTITY PURCHASING THE SERVICE, AND THAT YOU HAVE THE RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON THE ENTITY’S BEHALF.
For the purpose of the Addendum:
- “You” means the person accessing RequestMetrics.com, the business or entity on whose behalf you access RequestMetrics.com, as well as any person on whose behalf you are using RequestMetrics.com or who may have rights through you.
- “CCPA” means the California Consumer Privacy Act of 2018, as amended.
- “Consumers” means a natural person who is a California resident, as defined by the CCPA.
- “Process” means any operation or set of operations that are performed on Personal Data.
- “Sell” or “Sale” means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing or by electronic or other means, personal data to a third party for monetary or valuable consideration.
Effective as of January 1, 2020, in the event that any of the data provided or made available by you to TrackJS constitutes “personal information” (as defined by CCPA) relating to a California “consumer” (as defined by CCPA) or household (such data, “CCPA Personal Information”), then:
- With respect to CCPA Personal Information: (i) You are a “business” (as that term is defined by the CCPA); and (ii) Customers will be disclosing CCPA Personal Information to You for a “business purpose” (as that term is defined by CCPA); (iii) You will provide all necessary disclosures regarding the collection and use of CCPA Personal Information as required by CCPA; and (iv) You will provide compliant mechanisms for Customers subject to the CCPA to exercise all rights afforded to them under the CCPA; (v) You have retained Request Metrics as a “service provider” (as that term is defined by CCPA); and
- Request Metrics will not: (i) “sell” (as that term is defined by CCPA) CCPA Personal Information; or (ii) retain, use, or disclose CCPA Personal Information for any purpose (including a “commercial purpose” (as defined by CCPA)) other than the specific purpose of performing services for you under the Request Metrics Terms.
- If You are directed by a Customer with regard to a particular California “consumer” (as that term is defined by CCPA), You will instruct TrackJS to provide to You any data that can be associated with the consumer or to delete such consumer’s CCPA Personal Information if necessary, and TrackJS will comply with such request within 24 hours; and
- This CCPA Addendum will survive termination of the Agreement.
TrackJS agrees to indemnify, defend, and hold harmless you and your affiliates, subsidiaries, successors and assigns (and their officers, directors, employees, sublicensees, customers and agents) from and against any and all claims, losses, demands, liabilities, damages, settlements, expenses and costs (including attorneys’ fees and costs), arising from, in connection with, or based on allegations of, the TrackJS's failure to comply with any of its obligations set forth in this CCPA Addendum.
You agree to indemnify, defend, and hold harmless TrackJS and its affiliates, subsidiaries, successors and assigns (and their officers, directors, employees, sublicensees, customers and agents) from and against any and all claims, losses, demands, liabilities, damages, settlements, expenses and costs (including attorneys’ fees and costs), arising from, in connection with, or based on allegations of, your failure to comply with any of its obligations set forth in this CCPA Addendum.
4. Governing Law
This CCPA Addendum shall be governed by the laws of the State of California.