California Data Privacy Addendum
This California Data Privacy Addendum (“CDPA”) forms part of the Terms of Service available at www.hihello.com/legal/terms, or, if applicable, any other separate written agreement (the "Agreement"), by and between HiHello, Inc., a Delaware corporation ("HiHello") and the Customer named in the Agreement, pursuant to which Customer has purchased a subscription to access and use the Service (as defined in the Agreement.
By entering into the Agreement, HiHello and Customer hereby agree that the following terms shall apply to the extent Customer is a Business (as defined below) and HiHello Processes Customer Personal Information (as defined below) under the Agreement:
- “CCPA” means the California Consumer Privacy Act, as amended by the California Privacy Rights Act of 2020, together with any binding regulations promulgated thereunder, in each case, as amended from time to time.
- “Business,” “Business Purpose,” “Commercial Purpose,” “Consumer,” “Person,” “Personal Information,” “Process,” (and its cognates) “Sell,” “Share,” and “Service Provider” shall have the meanings set forth in the CCPA.
- “Customer Personal Information” shall mean User Content that constitutes Personal Information,
- Other capitalized terms used but not defined in this CDPA shall have the meanings set forth in the Agreement.
- The terms of this CDPA shall continue concurrently for the term of the Agreement and shall survive expiration or earlier termination of the Agreement for so long as HiHello Processes Customer Personal Information.
- The parties agree that HiHello is Customer’s Service Provider in relation to the Customer Personal Information that HiHello Processes in the course of providing the Services set forth in the Agreement.
- Each party agrees to comply at all times with its obligations under the CCPA in respect to its Processing of Customer Personal Information.
- The parties acknowledge that Customer is disclosing Customer Personal Information to HiHello only for the limited and specified Business Purposes set forth in the Agreement, which the parties entered for HiHello’s provision of contact exchange and management services as specified in more detail therein.
- HiHello shall not (a) Sell or Share Customer Personal Information; (b) retain, use, or disclose any Customer Personal Information for any purpose other than for the Business Purposes specified in the Agreement or as otherwise permitted by the CPPA; (c) retain, use or disclose Customer Personal Information for a Commercial Purpose other than the Business Purposes specified in the Agreement or as otherwise permitted by the CCPA; (d) retain, use or disclose Customer Personal Information outside of the direct business relationship between HiHello and Customer; or (e) except as permitted by the CCPA, combine Customer Personal Information received pursuant to the Agreement with Customer Personal Information (i) received from or on behalf of another Person or Persons or (ii) or collected from HiHello’s own interaction with any Consumers to whom such Customer Personal Information pertains. HiHello hereby certifies that it understands the obligations under this Section 2.5 and will comply with them.
- HiHello (a) shall comply with applicable obligations under the CCPA and shall provide the same level of privacy protection to Customer Personal Information as is required by the CCPA; (b) agrees that Customer has the right to take reasonable and appropriate steps to help to ensure that HiHello’s use of Customer Personal Information is consistent with Customer’s obligations under the CCPA; (c) shall notify Customer in writing of any determination made by HiHello that it can no longer meet its obligations under the CCPA; and (d) agrees that Customer has the right, upon notice, including pursuant to the preceding clause, to take reasonable and appropriate steps to stop and remediate unauthorized use of Customer Personal Information.
- In respect of Customer Personal Information Processed in the course of providing the Services, HiHello:
- may hire other subcontractors permitted to Process Customer Personal Information in accordance with this CDPA. HiHello remains responsible for its subcontractors’ compliance with the obligations of this CDPA, and HiHello shall ensure that any subcontractors to whom HiHello transfers Customer Personal Information will have entered into written agreements with HiHello requiring that the subcontractor abide by terms substantially similar to this CDPA; and
- shall reasonably assist the Customer with its obligation to respond to requests from Consumers to exercise their rights under the CCPA (including requests for information relating to the Processing, and requests relating to access, correction, deletion or portability of the Personal Information).
- HiHello reserves the right to require reimbursement from Customer for the reasonable cost of any time, expenditures or fees incurred in connection with assistance provided at Customer’s request pursuant to Sections 2.6(b), 2.6(d) or 2.7.2 of this CDPA.
- Except as expressly provided in this CDPA, the parties intend no amendment or modification of the Agreement or in such other addendum or supplement which may have been signed by the parties.
- This CDPA supplements the terms of the Agreement. In the event of any conflict between this CDPA and the Agreement regarding the Processing of Customer Personal Information, the terms of this CDPA shall control.
Last updated on Thursday, August 24, 2023