CALIFORNIA CONSUMER PRIVACY ACT ADDENDUM
Thinkwork and Customer are hereinafter sometimes referred to collectively as the “Parties”. All terms not defined herein shall have the meaning ascribed to them in the Subscription Service Agreement. Other than as set forth herein, the terms of the Subscription Service Agreement shall remain unchanged.
NOW THEREFORE in consideration of the mutual covenants and obligations contained herein, the Parties hereby agree as follows:
Addendum to the Subscription Service Agreement
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Definitions. For this section, these definitions shall apply:
(a) “CCPA” means the California Consumer Privacy Act of 2018, Cal. Civ. Code § 1798.100 et seq., as amended and including all regulations issued pursuant thereto.
(b) “Personal Information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. (and as “Personal Information” is further defined in the CCPA) contained within the data that Thinkwork Processes in connection with performing Services under the Agreement.
(c) “Processing” means any operation or set of operations that are performed on Personal Information or on sets of Personal Information, whether or not by automated means.
(d) “Sell,” “selling,” “sale,” or “sold,” means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means. A consumer’s Personal Information by the business to another business or a third party for monetary or other valuable consideration, and shall include all exceptions described in the California Consumer Privacy Act, Cal. Civ. 1798.140(t), as amended.
(e) “Services” means, for purposes of this Addendum, services and/or products provided by Thinkwork to Customer under the Agreement, including activities that are required, usual, appropriate or acceptable in performing the Services, including to
(i) carry out the Services or the business of which the Services are a part,
(ii) carry out the benefits, rights and obligations relating to the Services,
(iii) maintain records relating to the Services, or
(iv) comply with any legal or self-regulatory obligations relating to the Services.
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Thinkwork Obligations.
(a) Thinkwork is a “service provider” (as such term is defined under the CCPA) under the Agreement.
(b) Thinkwork shall not Sell Personal Information under any circumstance.
(c ) Thinkwork shall use Personal Information only for the purpose of fulfilling its duties under the Agreement and will not retain, use, or share such data with or disclose it to any third party, except as required by the Agreement or as otherwise required by law. However, Thinkwork may disclose the Personal Data to its own Sub-processors (which are service providers as defined in the CCPA) where Thinkwork has (i) carried out adequate due diligence on each service provider and; (ii) included terms in the contract between Thinkwork and each service provider concerning Personal Information that are substantially consistent to those set out in the Addendum. Thinkwork may, however, combine personal information received from one or more entities to which it is a service provider, on behalf of such businesses, to the extent necessary to detect data security incidents, or protect against fraudulent or illegal activity.
(d) Thinkwork shall not retain, use, or disclose Personal Information for purposes outside of the direct business relationship between Thinkwork and Customer.
(e ) The person executing this Agreement on behalf of the Thinkwork certifies that they understand and will comply with the restrictions set out in this Section 2.
(f) Thinkwork agrees to assist Customer with verifying and complying with any consumer request relating to access, deletion, or opt-out under the CCPA.
