CCPA Data Processing Addendum

Last Updated on February 13, 2024

This CCPA Data Processing Addendum (the “Addendum”) reflects the requirements of the California Consumer Privacy Act of 2018 and its implementing regulations, as amended or superseded from time to time (California Civil Code §§ 1798.100 to 1798.199) (the “CCPA”). This Addendum clarifies that Seal Subscription is acting as a Service Provider for CCPA purposes.

 

This Addendum is an addendum to our Terms of Service (“Agreement”) and its incorporated Data Processing Agreement (the “DPA”) between Seal Subscription (“Seal Subscription”) and the Customer (each a “Party”; collectively the “Parties”) and is in effect for so long as Seal Subscription Processes personal information (as defined in the CCPA) on behalf of Customer under the Agreement as a Service Provider (as defined under the CCPA) (hereinafter, the “Personal Information”).

 

This Addendum shall only apply and bind the Parties if and to the extent Customer is a Business under the CCPA. This Addendum prevails over any conflicting terms of the Agreement or DPA, but does not otherwise modify the Agreement or DPA. All capitalized terms not defined in this Addendum shall have the meanings set forth in the Agreement, the DPA, or the CCPA, as applicable. Customer enters into this Addendum on behalf of itself and, to the extent required under the CCPA, in the name and on behalf of its Authorized Affiliates (defined below).

The parties agree as follows:

1. Definitions

1.1. “Affiliate” means an entity that directly or indirectly Controls, is Controlled by or is under common Control with an entity.

1.2. “Authorized Affiliate” means any of Customers’ Affiliate(s) permitted to or otherwise receiving the benefit of the Services pursuant to the Agreement.

2. Scope and Applicability of this Addendum

2.1. This Addendum applies to the collection, retention, use, and disclosure of the Personal Information to provide Services to Customer pursuant to the Agreement.

2.2. Customer is a Business and appoints Seal Subscription as a Service Provider to process the Personal Information on behalf of Customer. Customer is responsible for compliance with the requirements of the CCPA applicable to businesses.

3. Restriction on Processing

3.1. Seal Subscription is prohibited from retaining, using, or disclosing the Personal Information (i) outside of the direct business relationship between Customer and Seal Subscription or (ii) for any purpose other than for the specific purpose of performing the Services specified in the Agreement for Customer or as set out in this Addendum, or as otherwise permitted by applicable law.

3.2. Seal Subscription shall not Sell or Share the Personal Information.

3.3. Seal Subscription shall not combine Personal Information received from or on behalf of Company with Personal Information that it receives from, or on behalf of, another person or persons, or collects from its own interaction with a Data Subject, except where (i) required to perform the Services or (ii) permitted by applicable law. For the avoidance of doubt, Seal Subscription may combine Personal Information received from one or more entities to the extent necessary to achieve the Business Purpose of detecting data security incidents, or protecting against fraudulent or illegal activity.

3.4. Seal Subscription shall, in performing the Services, implement measures designed to the security of Personal Information including by providing the same level of privacy protection as is required by the CCPA for Personal Information.

3.5. Seal Subscription shall make reasonable information in its possession available to Customer necessary to demonstrate compliance with the obligations of this Addendum and permit Customer to take reasonable and appropriate steps to help ensure the Processing of Customer’s Personal Information is consistent with the obligations herein. This includes reasonable audits or assessments in accordance with Section 7.7 of the DPA. Any audits or assessments conducted in accordance with this Section 3.5 shall be limited to one per calendar year upon 30 days prior notice to Seal Subscription.

3.6. Seal Subscription shall notify Customer promptly in writing if it makes a determination that it can no longer meet its obligations under the CCPA.

3.7. To the extent that Customer determines that Seal Subscription is not in compliance with the requirements of the CCPA or the terms of this Addendum, Customer shall have the right to (i) stop the transmission of Personal Information to Seal Subscription; (ii) request that Seal Subscription not further process Personal Information received from Customer, and (iii) terminate the Agreement consistent with its terms.

4. Notice

4.1. Customer represents and warrants that it has provided notice to its end users that the Personal Information is being used or shared consistent with Cal. Civ. Code 1798.130.

5. Consumer Rights

 

In addition to rights specified in DPA, CCPA grants Customer certain rights in connection with their personal information and how such personal information are being handled. Customer has the right to access personal information Seal Subscription holds about them, to request the deletion of such personal information, to opt-out of the sale of personal information (which is not applicable for Seal Subscription, as Seal Subscription does not sell Customer’s personal information), and right to portability of personal information. Some of these rights may be subject to some exceptions or limitations.

Your rights include:

• Right of access. Customer has the right to know what information Seal Subscription collects about the Customer. If the Customer wishes to exercise this right, please contact Seal Subscription via contact information specified below. Seal Subscription reserves the right to ask for reasonable evidence to verify Customer’s identity prior to providing any information. Seal Subscription will try to respond to any request for a right of access as soon as possible, but will always do so within 45 days of receipt of Customer request and identity verification.

• Right to deletion. Customer has a right to request deletion of the personal information that Seal Subscription holds about them. Should the Customer wish to do that, he should do so by contacting Seal Subscription on the contact information specified below. Seal Subscription reserves the right to ask to verify Customers identity prior to process of such request. Seal Subscription will delete Customers personal information us to delete as soon as possible, but will always do so within 45 days of receipt of Customer’s request and verification of identity. Seal Subscription may still retain some or all that information, for example for complying with legal obligations and protecting or enforcing legal rights. Seal Subscription may also retain Customers information in an anonymized form.

Customer can exercise these rights at any time by sending requests regarding their personal information to: dpo@sealsubscriptions.com or by contacting Seal Subscription via telephone number: +386 69 841 407.

5.1. Seal Subscription shall provide reasonable assistance to Customer in facilitating compliance with Consumer rights requests under the CCPA.

5.2. Seal Subscription may retain Personal Information as permitted by Section 7.6 of the DPA.

6. Deidentified Information

6.1. 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; (iv) will make no attempt to reidentify the information; and (v) has publicly committed to maintain and use the Deidentified Information in a Deidentified form.

7. Cooperation with Law Enforcement Agencies

7.1. Notwithstanding any provision to the contrary of the Agreement, the DPA or this Addendum, Seal Subscription may cooperate with law enforcement agencies concerning conduct or activity that it reasonably and in good faith believes may violate international, federal, state, or local law.

8. No Sale of Personal Information

8.1. The Parties acknowledge and agree that the exchange of Personal Information between the Parties does not form part of any monetary or other valuable consideration exchanged between the Parties with respect to the Agreement, the DPA or this Addendum.