CCPA Service Provider Addendum to Google Data Processing Addendum

Google and the Customer have entered into the Google Data Processing Addendum (“DPA”), which supplements the Agreement. This CCPA Service Provider Addendum to the DPA (the “CCPA Addendum”) is entered into by Google and the Customer and also supplements the Agreement.

1.Introduction

This CCPA Addendum reflects the parties’ agreement on the processing of Customer Personal Information in connection with the California Consumer Privacy Act of 2018 (“CCPA”). This CCPA Addendum is effective solely to the extent the CCPA applies.

2.Definitions and Interpretation

2.1 The terms “business purpose”, “personal information”, “sale”, and “service provider” as used in this CCPA Addendum have the meanings given in the CCPA.

2.2 “Customer Personal Information” means personal information that is processed by Google on behalf of Customer in Google’s provision of the Processor Services.

2.3 Capitalised terms used but not defined in this CCPA Addendum will have the meanings given in the DPA.

2.4 If this CCPA Addendum conflicts or is inconsistent with the remainder of the Agreement (including the DPA), this CCPA Addendum will govern.

3.Service Provider

3.1 Google may offer and Customer may use certain services in which Google acts as a “service provider” as defined under the CCPA. Subject to the terms of this CCPA Addendum and solely with respect to such services, Google will act as Customer’s service provider, and as such, will not retain, use, or disclose Customer Personal Information, other than (a) for a business purpose under the CCPA on behalf of Customer and the specific purpose of performing the Processor Services, or (b) as otherwise permitted under the CCPA, including any applicable exemption from “sale” in the CCPA, as reasonably determined by Google.

3.2 Customer is solely liable for its compliance with the CCPA in its use of Google services.

4.Changes to this CCPA Addendum.

In addition to Section 16 of the DPA (Changes to this Data Processing Addendum), Google may change this CCPA Addendum without notice if the change (a) is based on applicable law, applicable regulation, a court order, or guidance issued by a governmental regulator or agency; and (b) does not have a material adverse impact on Customer with respect to exemptions from “sales” under the CCPA, as reasonably determined by Google.

27 August 2020