Privacy Policy

This U.S. State Privacy Laws Addendum will be superseded by the updated versions of the Google Ads Data Processing Terms https://business.safety.google/adsprocessorterms/ and Google Ads Controller-Controller Data Protection Terms https://business.safety.google/adscontrollerterms/ effective from 1 September 2023.

U.S. State Privacy Laws Addendum

Google and the Customer have entered into the Google Ads Data Processing Terms ("Data Processing Terms") or the Google Ads Controller-Controller Data Protection Terms (“Controller Terms”) (each as applicable, the “Data Protection Terms”), which supplement the Agreement. This U.S. State Privacy Laws Addendum (the “State Privacy Laws Addendum”) is entered into by Google and the Customer and also supplements the Agreement.

This State Privacy Laws Addendum reflects the parties’ agreement on the processing of Customer Personal Data and Deidentified Data pursuant to the Agreement in connection with the Applicable State Privacy Laws (as defined below), and is effective solely to the extent each Applicable State Privacy Law applies.

1. Introduction

Google may offer and Customer may enable certain in-product settings, configurations or other functionality for the Processor Services or Controller Services (as applicable) relating to restricted data processing, as described in supporting documentation available at business.safety.google/rdp, as updated from time to time (“Restricted Data Processing”). This State Privacy Laws Addendum will be effective as of the later of July 1, 2023 or the date on which Customer clicked to accept or the parties otherwise agreed to this State Privacy Laws Addendum.

2. Definitions and Interpretation.

2.1

“Applicable State Privacy Laws” means, as applicable: (a) the CCPA; (b) Virginia’s Consumer Data Protection Act, Va. Code Ann. § 59.1-571 et seq.; (c) the Colorado Privacy Act, Colo. Rev. Stat. § 6-1-1301 et seq., together with all implementing regulations; (d) Connecticut’s Act Concerning Data Privacy and Online Monitoring, Pub. Act No. 22015; and (e) the Utah Consumer Privacy Act, Utah Code Ann. § 13-61-101 et seq.

2.2 “CCPA” means California Consumer Privacy Act of 2018, as amended, including as amended by the California Privacy Rights Act of 2020, together with all implementing regulations.

2.3 “Customer Personal Data” means personal data that is processed by Google on behalf of Customer in Google’s provision of Processor Services or Controller Services, as applicable under the Data Protection Terms.

2.4 “Deidentified Data” means data information that is “deidentified” (as that term is defined by the CCPA) and “de-identified data” (as defined by other Applicable State Privacy Laws), when disclosed by one party to the other.

2.5 “Instructions” means, collectively, Customer’s instructions to Google to process Customer Personal Data only in accordance with Applicable State Privacy Laws: (a) to provide the RDP Services and any related technical support; (b) as further specified through Customer’s use of the RDP Services (including in the settings and other functionality of such Services) and any related technical support; (c) as documented in the form of the Agreement, including this State Privacy Laws Addendum; (d) as further documented in any other written instructions given by Customer and acknowledged by Google as constituting instructions for purposes of this State Privacy Laws Addendum; and (e) to process Customer Personal Data as permitted under Applicable State Privacy Laws for service providers and processors.

2.6 “RDP Services” means Processor Services or Controller Services, as applicable under the Data Protection Terms, operating under Restricted Data Processing.

2.7 The terms “business”, “consumer”, “controller”, “personal data”, “personal information”, “process”, “processing”, “processor”, “sale(s)”, “sell”, “service provider”, and “share” as used in this State Privacy Laws Addendum have the meanings given in the Applicable State Privacy Laws.

2.8 Capitalized terms used but not defined in this State Privacy Laws Addendum will have the meanings given in the Data Protection Terms.

2.9 Customer is solely liable for its compliance with each of the Applicable State Privacy Laws in its use of Google services, including Restricted Data Processing.

3. Applicable State Privacy Law Terms (under Restricted Data Processing).

With respect to Customer Personal Data processed under Restricted Data Processing, and to the extent that one or more of the Applicable State Privacy Laws applies to the processing of Customer Personal Data:

3.1 Processing of Data.

3.1.1 Roles and Regulatory Compliance; Authorization.

(a)Processor and Controller Responsibilities. The parties acknowledge and agree that:

(i)Appendix 1 of this State Privacy Laws Addendum describes the subject matter and details of the processing of Customer Personal Data;

(ii)Google is a service provider and processor of Customer Personal Data under the Applicable State Privacy Laws;

(iii)Customer is a controller or processor, as applicable, of Customer Personal Data under the Applicable State Privacy Laws; and

(iv)Each party will comply with the obligations applicable to it under the Applicable State Privacy Laws with respect to the processing of Customer Personal Data.

(b)Processor Customers. If Customer is a processor:

(i)Customer warrants on an ongoing basis that the relevant controller has authorized: (A) the Instructions, (B) Customer’s appointment of Google as another processor, and (C) Google’s engagement of subcontractors as described in Section 3.6 (Subcontractors) of this State Privacy Laws Addendum;

(ii)Customer will immediately forward to the relevant controller any notice provided by Google under Sections 3.3.2(a) (Incident Notification) and 3.6 (Subcontractors); and

(iii)Customer may make available to the relevant controller any information made available by Google under Sections 3.3.3(c) (Customer’s Audit Rights), and 3.6 (Subcontractors).

3.1.2 Customer’s Instructions. By entering into this State Privacy Laws Addendum, Customer instructs Google to process Customer Personal Data only in accordance with the Instructions.

3.1.3 Google’s Compliance with Instructions. Google will comply with the Instructions unless prohibited under the Applicable State Privacy Laws.

3.1.4 Additional Products. If Customer uses any product, service or application provided by Google or a third party that: (a) is not part of the RDP Services; and (b) is accessible for use within the user interface of the RDP Services or is otherwise integrated with the RDP Services (an “Additional Product”), the RDP Services may allow that Additional Product to access Customer Personal Data as required for the interoperation of the Additional Product with the RDP Services. For clarity, this State Laws Privacy Addendum does not apply to the processing of personal data in connection with the provision of any Additional Product used by Customer, including personal data transmitted to or from that Additional Product.

3.2. Data Deletion on Term Expiry. Customer instructs Google to delete all remaining Customer Personal Data (including existing copies) from Google’s systems at the end of the Term in accordance with applicable laws. Google will comply with this instruction as soon as reasonably practicable.

3.3. Data Security.

3.3.1Google’s Security Measures and Assistance.
(a)

Google’s Security Measures. Google will implement and maintain technical and organizational measures to protect Customer Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access (“Security Measures”). The Security Measures include measures: (i) to encrypt personal data; (ii) to help ensure the ongoing confidentiality, integrity, availability and resilience of Google’s systems and services; (iii) to help restore timely access to personal data following an incident; and (iv) for regular testing of effectiveness. Google may update or modify the Security Measures from time to time, provided that such updates and modifications do not result in the degradation of the overall security of the Customer Personal Data.

(b)

Access and Compliance. Google will ensure that all persons authorized to process Customer Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

(c)

Google’s Security Assistance. Google will (taking into account the nature of the processing of Customer Personal Data and the information available to Google) assist Customer in meeting Customer’s (or, where Customer is a processor, the relevant controller’s) obligations in respect of security of personal data and personal data breaches, including Customer’s (or, where Customer is a processor, the relevant controller’s) obligations under the Applicable State Privacy Laws, by:

(i)

implementing and maintaining the Security Measures in accordance with Section 3.3.1(a) (Google’s Security Measures);

(ii)

complying with the terms of Section 3.3.2 (Data Incidents); and

(iii)

providing Customer with the rights granted under Section 3.3.3(c) (Customer’s Audit Rights).

3.3.2Data Incidents.
(a)

Incident Notification. If Google becomes aware of a Data Incident (as defined below), Google will: (i) notify Customer of the Data Incident without undue delay; and (ii) promptly take reasonable steps to minimize harm and secure Customer Personal Data. In this State Privacy Laws Addendum, “Data Incident” means a breach of Google’s security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Customer Personal Data on systems managed by or otherwise controlled by Google. “Data Incidents” will not include unsuccessful attempts or activities that do not compromise the security of Customer Personal Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems.

(b)

Delivery of Notification. Google will deliver its notification of any Data Incident to the the email address designated by Customer, via the user interface of the RDP Services or such other means provided by Google, to receive certain notifications from Google relating to this State Privacy Laws Addendum (“Notification Email Address”) or, at Google’s discretion (including if Customer has not provided a Notification Email Address), by other direct communication (for example, phone call, email, or an in-person meeting). Customer is solely responsible for providing the Notification Email Address and ensuring that the Notification Email Address is current and valid.

(c)

Third Party Notifications. Customer is solely responsible for complying with incident notification laws applicable to Customer and fulfilling any third party notification obligations related to any Data Incident.

(d)

No Acknowledgement of Fault by Google. Google’s notification of or response to a Data Incident under this Section 3.3.2 (Data Incidents) will not be construed as an acknowledgement by Google of any fault or liability with respect to the Data Incident.

3.3.3Customer’s Security Responsibilities and Assessment.
(a)

Customer’s Security Responsibilities. Customer agrees that, without prejudice to Google’s obligations under Sections 3.3.1 (Google’s Security Measures and Assistance) and 3.3.2 (Data Incidents):

(i)

Customer is responsible for its use of the RDP Services, including: (1) making appropriate use of the RDP Services to ensure a level of security appropriate to the risk in respect of Customer Personal Data; and (2) securing the account authentication credentials, systems and devices Customer uses to access the RDP Services; and

(ii)

Google has no obligation to protect Customer Personal Data that Customer elects to store or transfer outside of Google’s and its subcontractors’ systems.

(b)

Customer’s Security Assessment. Customer acknowledges and agrees that the Security Measures implemented and maintained by Google as set out in Section 3.3.1(a) (Google’s Security Measures) provide a level of security appropriate to the risk in respect of Customer Personal Data, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing of Customer Personal Data as well as the risks to individuals.

(c)

Customer’s Audit Rights.

(i)

Customer may conduct an audit to verify Google’s compliance with its obligations under this State Privacy Laws Addendum by requesting and reviewing (1) a certificate issued for security verification reflecting the outcome of an audit conducted by a third party auditor (e.g., SOC 2 Type II or ISO/IEC 27001 certification or a comparable certification or other security certification of an audit conducted by a third-party auditor agreed by Customer and Google) within 12 months as of the date of Customer’s request and (2) any other information Google determines is reasonably necessary for Customer to verify such compliance.

(ii)

Alternatively, Google may, at its sole discretion and in response to a request by Customer, initiate a third-party audit to verify Google’s compliance with its obligations under this State Privacy Laws Addendum. During such an audit, Google will make available to the third-party auditor all information necessary to demonstrate such compliance. Where Customer requests such an audit, Google may charge a fee (based on Google’s reasonable costs) for any audit. Google will provide Customer with further details of any applicable fee, and the basis of its calculation, in advance of any such audit. Customer will be responsible for any fees charged by any third-party auditor appointed by Customer to execute any such audit.

(iii)

Nothing in this State Privacy Laws Addendum will require Google either to disclose to Customer or its third-party auditor, or to allow Customer or its third-party auditor to access:

(1)

any data of any other customer of a Google Entity;

(2)

any Google Entity’s internal accounting or financial information;

(3)

any trade secret of a Google Entity;

(4)

any information that, in Google's reasonable opinion, could: (A) compromise the security of any Google Entity’s systems or premises; or (B) cause any Google Entity to breach its obligations under the Applicable State Privacy Laws or its security and/or privacy obligations to Customer or any third party; or

(5)

any information that Customer or its third party auditor seeks to access for any reason other than the good faith fulfillment of Customer’s obligations under the Applicable State Privacy Laws.

3.4 Assistance with Impact Assessments. Google will (taking into account the nature of the processing and the information available to Google) assist Customer in meeting Customer’s (or, where Customer is a processor, the relevant controller’s) obligations in respect of data protection impact assessments to the extent required under the Applicable State Privacy Laws by:

(a) providing the Security Documentation;

(b) providing the information contained in the Agreement (including this State Privacy Laws Addendum); and

(c) providing or otherwise making available, in accordance with Google’s standard practices, other materials concerning the nature of the RDP Services and the processing of Customer Personal Data (for example, help center materials).

3.5. Data Subject Rights.

3.5.1 Responses to Data Subject Requests. If Google receives a request from a data subject in relation to Customer Personal Data, Customer authorizes Google to, and Google hereby notifies Customer that it will:

(a)

respond directly to the data subject’s request in accordance with the standard functionality of a tool (if any) made available by a Google Entity to data subjects that enables Google to respond directly and in a standardized manner to certain requests from data subjects in relation to Customer Personal Data (for example, online advertising settings or an opt-out browser plugin) (“Data Subject Tool”) (if the request is made via a Data Subject Tool); or

(b)

advise the data subject to submit their request to Customer, and Customer will be responsible for responding to such request (if the request is not made via a Data Subject Tool).

3.5.2 Google’s Data Subject Request Assistance. Google will assist Customer in fulfilling its (or, where Customer is a processor, the relevant controller’s) obligations under the Applicable State Privacy Laws to respond to requests for exercising the data subject’s rights, in all cases taking into account the nature of the processing of Customer Personal Data and by:

(a)

providing the functionality of the RDP Services;

(b)

complying with the commitments set out in Section 3.5.1 (Responses to Data Subject Requests); and

(c)

if applicable to the RDP Services, making available Data Subject Tools.

3.5.3Rectification. If Customer becomes aware that any Customer Personal Data is inaccurate or outdated, Customer will be responsible for rectifying or deleting that data if required by the Applicable State Privacy Laws, including (where available) by using the functionality of the RDP Services.

3.6. Subcontractors.

(a)

Customer generally authorizes Google to engage other entities as subcontractors in connection with the provision of the RDP Services. When engaging any subcontractor, Google will:

(i)

ensure via a written contract that: (1) the subcontractor only accesses and uses Customer Personal Data to the extent required to perform the obligations subcontracted to it, and does so in accordance with the Agreement (including this State Privacy Laws Addendum); and (2) if the processing of Customer Personal Data is subject to the Applicable State Privacy Laws, ensure that the data protection obligations in this State Privacy Laws Addendum are imposed on the subcontractor;

(ii)

when engaging any new subcontractors, provide notice of such new subcontractors where required by Applicable State Privacy Laws, and, where required by Applicable State Privacy Laws, further provide an opportunity for Customer to object to such subcontractors; and

(iii)

remain fully liable for all obligations subcontracted to, and all acts and omissions of, the subcontractor.

(b)

Customer may object to any new subcontractor by terminating the Agreement for convenience immediately upon written notice to Google, on condition that Customer provides such notice within 90 days of being informed of the engagement of the new subcontractor as described in Section 3.6(a)(ii) herein.

3.7 Contacting Google. Customer may contact Google in relation to the exercise of its rights under this State Privacy Laws Addendum via the methods described at privacy.google.com/businesses/processorsupport or via such other means as may be provided by Google from time to time.


4.Applicable State Privacy Law Terms

4.1 Deidentified Data. With respect to Customer Personal Data processed with or without Restricted Data Processing enabled, and to the extent that one or more of the Applicable State Privacy Laws applies to the processing of Customer Personal Data, each party will comply with the requirements for processing Deidentified Data set out in the Applicable State Privacy Laws, with respect to any Deidentified Data it receives from the other party pursuant to the Agreement. For purposes of this Section 4.1 (Deidentified Data), Customer Personal Data means any personal data that is processed by a party under the Agreement in connection with its provision or use (as applicable) of the Processor Services or Controller Services.

5.Google’s CCPA Obligations.

5.1 With respect to Customer Personal Data processed under Restricted Data Processing and to the extent that CCPA applies to such processing of Customer Personal Data, Google will act as Customer’s service provider, and as such, unless otherwise permitted for service providers under CCPA, as reasonably determined by Google:

(a) Google will not sell or share any Customer Personal Data that it obtains from Customer in connection with the Agreement;

(b) Google will not retain, use or disclose Customer Personal Data (including outside of the direct business relationship between Google and Customer), other than for a business purpose under the CCPA on behalf of Customer and the specific purpose of performing the RDP Services, as further described in supporting documentation available at business.safety.google/rdp, as updated from time to time;

(c) Google will not combine Customer Personal Data that Google receives from, or on behalf of, Customer with (i) personal information that Google receives from, or on behalf of, another person or persons or (ii) personal information collected from Google’s own interaction with a consumer, as further described in supporting documentation available at business.safety.google/rdp except to the extent permitted under CCPA;

(d) Google will process such Customer Personal Data for the specific purpose of performing the RDP Services, as further described in the Agreement and supporting documentation (e.g., help center articles), or as otherwise permitted under the CCPA, and the parties agree that Customer is making such Customer Personal Data available to Google for such purposes;

(e) Google will allow audits to verify Google’s compliance with its obligations under this State Privacy Laws Addendum in accordance with Section 3.3.3(c) (Customer’s Audit Rights) herein;

(f) Google will notify Customer if Google makes a determination that it can no longer meet its obligations under the CCPA. This Section 5(f) does not reduce either party’s rights and obligations elsewhere in the Agreement;

(g) If Customer reasonably believes that Google is processing Customer Personal Data in an unauthorized manner, Customer has the right to notify Google of such belief via the methods described at privacy.google.com/businesses/processorsupport, and the parties will work together in good faith to remediate the allegedly violative processing activities, if necessary; and

(h) Google will comply with applicable obligations under CCPA and will provide the same level of privacy protection as is required by CCPA.

5.2 With respect to Customer Personal Data processed without Restricted Data Processing enabled, and to the extent that CCPA applies to the processing of Customer Personal Data:

(a) Google will process such Customer Personal Data for the specific purpose of performing the Processor Services or Controller Services, as applicable, as further described in the Agreement and supporting documentation (e.g., help center articles), or as otherwise permitted under the CCPA, and the parties agree that Customer is making such Customer Personal Data available to Google for such purposes;

(b) Google will allow audits to verify Google’s compliance with its obligations under this State Privacy Laws Addendum in accordance with Section 3.3.3(c) (Customer’s Audit Rights) herein;

(c) Google will notify Customer if Google makes a determination that it can no longer meet its obligations under the CCPA;

(d) If Customer reasonably believes that Google is processing Customer Personal Data in an unauthorized manner, Customer has the right to notify Google of such belief via the methods described at privacy.google.com/businesses/processorsupport, and the parties will work together in good faith to remediate the allegedly violative processing activities, if necessary; and

(e)Google will comply with applicable obligations under CCPA and will provide the same level of privacy protection as is required by CCPA.

6. Changes to this State Privacy Laws Addendum.

In addition to Section 15 of the Data Processing Terms (Changes to these Data Processing Terms) or Section 10 of the Controller Terms (Changes to these Controller Terms), as applicable, Google may change this State Privacy Laws 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 or (b) does not have a material adverse impact on Customer under the Applicable State Privacy Laws, as reasonably determined by Google.

Appendix 1: Subject Matter and Details of the Data Processing

Subject Matter

Google’s provision of the RDP Services and any related technical support to Customer.

Duration of the Processing

The Term plus the period from the end of the Term until deletion of all Customer Personal Data by Google in accordance with this State Privacy Laws Addendum

Nature and Purpose of the Processing

Google will process (including, as applicable to the RDP Services and the Instructions collecting, recording, organizing, structuring, storing, altering, retrieving, using, disclosing, combining, erasing and destroying) Customer Personal Data for the purpose of providing the RDP Services and any related technical support to Customer in accordance with this State Privacy Laws Addendum, or as otherwise permitted by processors under Applicable State Privacy Laws..

Types of Personal Data

Customer Personal Data may include the types of personal data described under the Applicable State Privacy Laws.

Categories of Data Subjects

Customer Personal Data will concern the following categories of data subjects:

  • data subjects about whom Google collects personal data in its provision of the RDP Services; and/or

  • data subjects about whom personal data is transferred to Google in connection with the RDP Services by, at the direction of, or on behalf of Customer.

Depending on the nature of the RDP Services, these data subjects may include individuals: (a) to whom online advertising has been, or will be, directed; (b) who have visited specific websites or applications in respect of which Google provides the RDP Services; and/or (c) who are customers or users of Customer’s products or services.

1 July 2023