California Consumer Privacy Act (CCPA) Addendum
The following CCPA data protection addendum (the “CCPA Addendum“) forms an integral part of the Photo Moderation Terms of Service available at https://www.webpurify.com/photo-moderation/terms, the Video Moderation Terms of Service available at https://www.webpurify.com/video-moderation/terms, the Profanity Filter Terms of Service available at https://www.webpurify.com/terms (together, the “Standard Terms“) and any master services agreement (“MSA“) or statement of work (“SOW“) as between Customer and WebFurther LLC (“WebFurther“) for Customer’s use of WebFurther products and services (the “Services“) described in such Standard Terms, MSA or SOW. This CCPA Addendum governs the responsibilities of the parties with respect to the processing of personal information (defined below) which is subject to the CCPA (defined below) and is processed in the course of Customer’s use of the Services. All undefined capitalized terms herein shall have the same meaning as the Standard Terms MSA or SOW, as applicable. This CCPA Addendum shall only apply and bind the Customer and WebFurther if and to the extent Customer is a business as defined under the CCPA.
In the event of any conflict or inconsistency between the Standard Terms, MSA or SOW and this CCPA Addendum, this CCPA Addendum shall govern.
- “CCPA” means the California Consumer Privacy Act of 2018 and its implementing regulations, as amended or superseded from time to time (California Civil Code §§ 1798.100 to 1798.199).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 terms “aggregate consumer information“, “business“, “business purpose“, “deidentified information“, “personal information“, “processing“, “sell“, and “service provider” shall have the same meaning as in the CCPA.
- WebFurther and Customer agree that, as to processing of personal information as part of provision of the Services, WebFurther is a service provider and Customer is the business. Accordingly, except as otherwise permitted by the CCPA, WebFurther shall not:
- Sell the personal information, or
- Retain, use, or disclose the personal information for any purpose other than for the business purpose, including retaining, using, or disclosing the personal information for a commercial purpose other than providing the Services.
- WebFurther shall not process the personal information other than pursuant to the Standard Terms or on Customer’s documented instructions, which include processing to detect data security incidents, protecting against fraudulent or illegal activity, creation of datasets of aggregate consumer information and deidentified information that WebFurther can compile and use for its other clients, appointing sub-processors, and any other business purpose or operational purpose permissible under the CCPA of a service provider that does not cause WebFurther to lose its service provider status (the “Documented Instructions”).
- WebFurther will work in good faith to cooperate and assist Customer with any reasonable written request from Customer to comply with its obligation under the CCPA to respond to verifiable consumer request to access or delete personal information that WebFurther may be processing on Customer’s behalf.
- Unless otherwise limited by the Standard Terms, MSA or SOW, this CCPA Addendum and the CCPA, Customer acknowledges and agrees that WebFurther may use WebFurther affiliates and other sub-processors to process personal information to provide the Services on its behalf.
- If Customer is a publisher or platform, then Customer represents and warrants that the personal information being processed by WebFurther as part of the Services was collected by Customer under privacy notices that allow for WebFurther to process the personal information pursuant to the Documented Instructions.
- The CCPA remains subject to amendment and regulations that have not yet been promulgated, and other states and the United States Congress are considering similar laws (all of the foregoing, “New Privacy Laws“). Each party agrees and warrants it will work together in good faith with the other party to amend this CCPA Addendum to address compliance with New Privacy Laws.