FUNNEL CCPA ADDENDUM
1. Background
Pursuant to the Funnel General Terms and Conditions available at https://funnel.io/general-terms-and-conditions, as updated from time to time (the “General Terms”), or the other agreement between Customer and Funnel entered into between Customer and Funnel, and in furtherance of obligations under the California Consumer Privacy Act of 2018 (California Civil Code §§ 1798.100 to 1798.199) and its implementing regulations, as amended (including as amended by the California Privacy Rights Act of 2020 (California Civil Code § 1798.100 et seq.)) or superseded from time to time (“CCPA”), the Parties hereby adopt, and incorporate into the Agreement, this CCPA Addendum (“CCPA Addendum”) to apply between the Parties for so long as Funnel maintains Personal Information on behalf of Customer to which the CCPA applies. This CCPA Addendum prevails over any conflicting terms of the Agreement with regards to the Customer's Personal Information, but does not otherwise modify the Agreement.
2. Definitions
“Agreement” has the meaning ascribed to it in the General Terms.
“Customer” has the meaning ascribed to it in the General Terms.
“Funnel” has the meaning ascribed to it in the General Terms.
“General Terms” refers to the Funnel General Terms and Conditions available at https://funnel.io/general-terms-and-conditions, as updated from time to time.
The remaining capitalized terms used in this Addendum and not otherwise defined in this CCPA Addendum shall have the definitions set forth in the CCPA.
3. Scope
This Addendum applies to the collection, retention, use, disclosure, and sale of Personal Information provided by Customer or which is collected on behalf of Customer by Funnel to provide Services to Customer pursuant to the Agreement or to perform a Business Purpose.
4. Processing and Restrictions
4.1 Customer may under the Agreement disclose Consumers’ Personal Information to Funnel. With regard hereto, the Parties acknowledge and agree that Funnel is a Service Provider and received Personal Information pursuant to the business purpose of providing the Service to Customer as set forth in the Agreement and carry out such other activities as specified therein.
4.2 With respect to Consumers’ Personal Information provided to Funnel by Customer, Funnel shall not:
(i). Sell, Share or Combine the Personal Information if and to the extent this would be inconsistent with the limitations on Service Providers under the CCPA or other applicable laws;
(ii). Retain, use or disclose the Personal Information for any purpose other than for the specific purpose of providing the Service and performing the other activities specified in the Agreement, including retaining, using or disclosing the Personal Information for a commercial purpose other than providing the Service and performing the other activities specified in the Agreement; or
(iii). Retain, use or disclose the Personal Information outside of the direct business relationship between the Parties.
5. Compliance Certification
5.1 The Customer hereby certifies its compliance with its obligations as a Business under the CCPA, including providing notice that the Personal Information is being used or shared consistent with Cal. Civ. Code 1798. 140(t)(2)(C)(i).
5.2 Funnel hereby certifies that it understands the restrictions on its use of Consumers’ Personal Information imposed by the CCPA and by this Addendum and agrees to comply with the restrictions herein. Funnel shall notify Customer if Funnel determines that it can no longer meet its obligations under the CCPA.
6. Consumer Rights
6.1 Funnel shall provide reasonable assistance to Customer in facilitating compliance with Consumer rights requests.
6.2 Upon direction by Customer, and in any event no later than 30 days after receipt of a request from Customer, Funnel shall promptly delete the Personal Information as directed by Customer.
6.3 Funnel shall not be required to delete any of the Personal Information to comply with a Consumer’s request directed by Customer if it is necessary to maintain such information in accordance with Cal. Civ. Code 1798.105(d), in which case Funnel shall promptly inform Customer of the exceptions relied upon and Funnel shall not use the Personal Information retained for any other purpose than provided for by that exception.
7. Deidentified Information
In the event that either Party shares Deidentified Information with the other Party, the receiving Party warrants that it: (i) has implemented technical safeguards that prohibit reidentification of the Consumer to whom the information may pertain; (ii) has implemented business processes that specifically prohibit reidentification of the information; (iii) has implemented business processes to prevent inadvertent release of Deidentified information; and (iv) will make no attempt to reidentify the information.
8. As Required by Law
Notwithstanding any provision to the contrary of the Agreement or this Addendum, Funnel may cooperate with law enforcement agencies concerning conduct or activity that it reasonably and in good faith believes may violate federal, state, or local law.