SERVICE PROVIDER Addendum – ICS

Effective: July 1, 2020

This Service Provider Addendum (“Addendum”) hereby supplements the User Agreement, as updated from time to time, between Ice Cream Social LLC (“ICS”) and Client, or other agreement between ICS and Client governing Client’s use of ICS’s software, solutions and/or services (“Agreement”) when the California Consumer Privacy Act of 2018 (California Civil Code 1798.100 et seq.), as amended (“CCPA”) applies to the underlying subject matter and/or performance of such Agreement.  Capitalized terms not otherwise defined herein shall have the meaning given to them in the CCPA. Unless expressly modified below, the terms of the Agreement shall remain in full force and effect.  To the extent of a conflict between these terms and those of the Agreement, the terms of this Addendum shall control.

The parties hereby agree that:

  1. For the purposes of the CCPA, the ICS shall be a “Service Provider” and Client shall be a “Business” as those terms are defined therein.
  2. ICS hereby agrees that it:
    1. shall not Sell any Personal Information that it receives from, or Processes on behalf of, the Client;
    2. shall not retain, use, or disclose the Personal Information it receives from the Client for any other purpose than Business Purpose(s) and/or Service(s) specified in the Agreement; and
    3. shall not retain, use, or disclose the Personal Information it receives from the Client outside the business relationship between the Consumer and the Client, except as otherwise strictly permitted under the CCPA.
  3. ICS hereby certifies that it understands its contractual restrictions in Section 2 and that it shall comply with them.
  4. Client hereby agrees and acknowledges that if ICS receives a request from a Consumer to exercise its rights under the CCPA, that ICS can elect, in its sole discretion to deny the request and refer the Consumer to the Client, or substantively respond to such request.
  5. Client further agrees and acknowledges that, notwithstanding anything to the contrary in the Agreement or this Addendum, ICS may:
    1. Retain, employ, and/or transfer Personal Information to subcontractors without notice to, or consent from, Client, provided that any such subcontractor(s) meet the requirements of being a Service Provider under the CCPA;
    2. Freely use Personal Information internally to build or improve the quality of its services;
    3. Use Personal Information to detect data security incidents, or to protect against fraudulent or illegal activity;
    4. Comply with federal, state, or local laws;
    5. Comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities;
    6. Cooperate with law enforcement agencies concerning conduct or activity that the business, service provider, or third party reasonably and in good faith believes may violate federal, state, or local law; and/or
    7. Exercise or defend legal claims.