California Consumer Privacy Act Addendum
This addendum (the “Addendum”) is incorporated into and forms part of the DaySmart Terms and Conditions (the “Agreement”) between the parties and applies where DaySmart processes Personal Information on behalf of Customer pursuant to the Agreement. Capitalized terms used in this Addendum but not defined herein have the meanings set forth in the Agreement. This Addendum shall control in the event of any inconsistencies between this Addendum and the Agreement.
a. “Business” has the meaning given that term under the CCPA.
b. “CCPA” means the California Consumer Privacy Act, as may be amended from time to time, and any rules or regulations implementing the foregoing.
c. “Customer Personal Information” means any Content Customer provides to DaySmart that constitutes Personal Information.
d. “Personal Information” has the meaning given that term under the CCPA.
e. “Service Provider” means an entity that receives Personal Information and is prohibited from retaining, using, or disclosing such Personal Information other than (1) in connection with providing the Services, (2) to build or improve the quality of its services, (3) to detect data security incidents, or protect against fraudulent or illegal activity, or (4) other permitted purposes under the CCPA.
f. Sell” has the meaning given that term under the CCPA.
a. The parties agree that, for purposes of the CCPA, Customer is a Business and DaySmart is a Service Provider. Customer represents, warrants and covenants that, since January 1, 2020, it has only provided or made and will only provide or make Customer Personal Information available to DaySmart in compliance with the CCPA.
b. Notwithstanding anything to the contrary in the Agreement, DaySmart shall not (1) retain or use Customer Personal Information other than as provided for in the Agreement, as needed to perform the Services, or as otherwise permitted by the CCPA, or (2) Sell or otherwise disclose such Customer Personal Information except to Service Providers needed to render the Services.
c. Notwithstanding anything else in this Addendum or in the Agreement, Customer agrees that DaySmart, its affiliates, and each of their directors, officers, employees, agents, representatives, successors and assigns will not be liable under the Agreement for any claim arising from any action or omission by DaySmart that resulted from the Customer’s instructions or from Customer’s failure to comply with its obligations under the CCPA.