Last Updated: December 22, 2022
This CCPA Addendum (“Addendum”) governs the collection, process, use, share, sale, or retention of California Consumers’ Personal Information pursuant to the California Consumer Privacy Act as modified by the California Privacy Rights Act (“CCPA“). This Addendum is an integral part of the Customer Terms and Conditions executed by and between Zesty Tech Ltd. (“Zesty”) and Customer. Therefore, all capitalized terms not defined herein shall have the meaning set forth in the Terms and Conditions.
1.1 “Customer Data” means the Personal Information made available through the Customer Content, uploaded to Zesty Platform and processed through the Customer use of the Platform and Services.
1.2 The terms “Business”, “Business Purpose”, “Consumer”, “Personal Information“, “Service Provider”, “Sell”, “Share” and “Sensitive Personal Information” shall have the same meaning as ascribed to them in the CCPA. Unless otherwise indicated, any reference herein to the CCPA or provisions thereof shall be construed as a reference thereto as amended, modified, varied, restated, supplemented or re-enacted from time to time or as a reference to any successor thereto and all rules and regulations promulgated thereunder.
2. ROLES AND DETAILS OF PROCESSING
2.1 The parties agree and acknowledge that under the performance of their obligations set forth in the CCPA, Zesty is the Service Provider and Customer is the Business. Each party shall be individually and separately responsible for complying with the obligations that apply to such party under the CCPA.
3. OBLIGATIONS AND RESPONSIBILITIES
3.1 Zesty shall process Personal Information on behalf of the Customer as a Service Provider under the CCPA and shall not:
- a) sell or share Personal Information;
- b) retain, use or disclose the Customer Data for any purpose other than for the Business Purpose specified in the Terms and Conditions; and
- c) combine the Customer Data with other Personal Information that it receives on behalf of another customer, or collects from its own interaction with California residents, expect as otherwise permitted by the CCPA.
3.2 Zesty shall assist Customer in respect of Consumers’ requests to limit the use of Sensitive Personal Information. At the Customer request, Zesty shall provide assistance and procures that its subcontractors will provide assistance, where applicable, in connection with any obligation imposed on Customer to respond to and comply with a Consumer’s request for exercising its rights under the CCPA. Zesty shall:
- a) promptly notify Customer if it receives a Consumer’s request;
- b) only act upon the Consumer’s request with the prior written consent of the Customer; and
- c) make available to Customer the information as necessary to demonstrate compliance.
3.3 Zesty acknowledges and confirms that it does not receive or process the Customer Data as consideration for any Services that Zesty provides to Customer under the Terms and Conditions.
3.4 Zesty had implemented necessary security procedures and practices appropriate to the nature of the Customer Data, in order to protect the Customer Data from unauthorized or illegal access, destruction, use, modification, or disclosure.
3.5 Zesty shall notify the Customer in case Zesty can no longer meet its obligations under this Addendum.
4.1 Upon prior written notice, and not more than once every 12 months during the Term, Customer may monitor Zesty’s compliance with this Addendum through measures that include manual reviews and regular assessments, audits, or other technical and operational testing, following a 14-day prior written request.
5.1 Customer acknowledges that Zesty may engage other sub-contractors for the provision of its Services to the Customer. Zesty shall first notify the Customer in writing of its intention to engage with such sub-contractor (other than the current sub-contractors) and ensure that such sub-contractors which process Customer Data agree in writing to the restrictions and obligation imposed on them while processing the Customer Data.
6. TERM & TERMINATION
7.1 The provisions of this Addendum will prevail over any conflicting provisions of the Terms and Conditions, except where such conflicting provisions provide greater privacy or security protection to the Customer Data.