CCPA Schedule

EFFECTIVE DATE: November 19, 2019

California Consumer Privacy Act Schedule

This schedule to the Services Agreement is incorporated by reference into the Services Agreement, and reflects the parties’ agreement with regard to the use or access of personal information in accordance with the requirements of the California Consumer Privacy Act, when applicable.

1. Definitions.

This clause 1 defines terms used in this CCPA Schedule. Other terms are defined elsewhere in this schedule. Capitalised terms in this schedule which are defined in the Services Agreement, have the meaning as defined therein.

a. “CCPA” means the California Consumer Privacy Act of 2018 (Cal. Civ. Code §§ 1798.100 to 1798.199), as amended from time to time, and any related regulations and guidance provided by the California Attorney General pertaining to same.

b. “Contracted Business Purposes” means the Services described in the Service Agreement for which Sajari uses or accesses personal information on behalf of Client.

c. Terms defined in the CCPA, including “personal information” and “business purposes,” carry the same meaning in this CCPA Addendum. Sajari is a “service provider” under the CCPA.

d. Sajari means Sajari Pty Ltd.

e. Services Agreement means the agreement between Client and Sajari for services to which this schedule is a schedule.

2. Sajari’s CCPA Obligations.

a. Sajari will only collect, use, retain, or disclose personal information for the Contracted Business Purposes as set forth in the Service Agreement.

b. Sajari will not retain, use or disclose personal information outside of the direct business relationship between Client and Sajari, except as authorized in the Service Agreement or under the CCPA.

c. Sajari will not collect, use, retain, disclose, sell, or otherwise make personal information available or process personal information (or allow any third party to process or access personal information) for Sajari’s own commercial purposes or in a way that does not comply with the CCPA.

d. Sajari will limit personal information collection, use, retention, processing and disclosure (including through its service providers, suppliers, contractors or subcontractors) to activities reasonably necessary and proportionate to achieve the Contracted Business Purposes.

e. Sajari shall not engage in any activity that may be considered a sale of personal information pursuant to the CCPA.

3. Assistance with Customer’s CCPA Obligations.

a. Sajari will reasonably cooperate and assist Client with meeting its CCPA compliance obligations and responding to CCPA-related inquiries, including responding to verifiable consumer requests.

b. Both parties will comply with all applicable requirements of the CCPA when collecting, using, retaining, sharing or disclosing personal information.

4. Subcontracting.

a. Sajari may use subcontractors to provide the Contracted Business Services as set forth in the Service Agreement and subject to the terms of this CCPA Addendum. Any such subcontractor used must qualify as a “service provider” under the CCPA and Sajari will not make any disclosures to the subcontractor that the CCPA would treat as a sale.

b. Sajari remains fully liable to Client for the subcontractor’s actions or inactions.

5. Processing Purposes and Details.

a. The Contracted Business Purposes are providing the Services and processing the Client Data as set forth in the Service Agreement.

b. Personal Information Categories: This Agreement involves the following types of Personal Information, as defined and classified in CCPA Cal. Civ. Code § 1798.140(o).