CCPA SERVICE PROVIDER ADDENDUM
Charter Funding
This CCPA Service Provider Addendum ("Addendum") is entered into between Charter Funding ("Charter Funding") and each service provider ("Service Provider") effective as of November 21, 2020 and is attached to any and all service agreements, service orders, statements of work or other contractual arrangements (collectively, the "Agreement") previously entered into between the parties whereby Service Provider provides certain services to Charter Funding.
RECITALS
Charter Funding and its affiliates collect personal information that it may disclose to Service Provider for processing and other business purposes pursuant to the Agreement. The parties intend to ensure that there are adequate contractual terms in place between Charter Funding and Service Provider as necessary for Charter Funding to comply with the applicable provisions under the California Consumer Privacy Act of 2018 (the "CCPA").
TERMS OF AGREEMENT
In this portion of this Addendum (a) "Business purposes," "Commercial purposes," "Collecting," "Sell" and "Personal Information" (or the "Data") for meanings given to them in the CCPA's "Service" shall refer to the services provided by Service Provider to the Agreement, (c) "Personal Information" means the personal information of Charter Funding's customers that Service Provider has received from and processes on behalf of Charter Funding, that refers to data of any individual or household, as provided in the CCPA.
- With respect to the Personal Information of California consumers, Service Provider and Charter Funding agree that Service Provider is a service provider only processing on behalf of Charter Funding. Except as otherwise provided for by this addendum, Service Provider is prohibited from (a) selling Personal Information, and (b) retaining, using, or disclosing Personal Information for a commercial purpose or for a purpose other than for the specific purpose of performing the services set forth in the Agreement, including retaining, using, or disclosing Personal Information for a commercial purpose other than providing the services specified in the relationship with Charter Funding or for any other commercial purposes. Service Provider may, however, disclose the Personal Information to the same extent as Charter Funding, provided that the recipients are also service providers who are under contract to only use the information only in relation to their service provider relationship with such service providers under terms that are equivalent to those set forth in this Addendum.
- Service Provider shall promptly and in good faith take such actions as is necessary to assist Charter Funding to comply with the CCPA and other applicable data privacy laws, including adequate training of relevant employees in the identification and handling of consumer requests for disclosure of or deletion of Personal Information and in the notification to Charter Funding of any requests for disclosure or deletion.
- Charter Funding may take reasonable steps to ensure that Service Provider uses the Personal Information transferred in a manner consistent with Charter Funding's obligations under the CCPA or other applicable privacy laws that Service Provider may be subject to by monitoring compliance, conducting periodic assessments, auditing, or other technical and operational testing.
Charter Funding and Service Provider acknowledge and agree that this Addendum is in addition to and the applicable Services. Should Charter Funding and Service Provider enter into any other agreement or other agreement for software or services or about the scope of the Services that such Service Provider for longer serves or is connected to Charter Funding's website or app, Charter Funding may also request a copy from Charter Funding at any time in order to remain in compliance. In such an event, the parties shall take such steps as are reasonably necessary to comply with the CCPA and applicable data privacy laws with respect to the retention and use of data.
If this Agreement is terminated or if Service Provider no longer provides its services to Charter Funding, Service Provider shall promptly delete all Charter Funding (and that belongs to the Service Provider) products and on the instruction and in accordance of Service Provider's services and shall provide Charter Funding with written confirmation of this deletion.
All amendments or legal or other communications in regard to this Agreement, between Service Provider and Charter Funding, related to Charter Funding information, Charter Funding, its attorneys, clients/customers, borrowers and agents (such as "lender deals") from all agencies and its clients, carries, and employees as mandating agreement is for all parties to these, if the communications being made in relation to any provisions of paragraph (e) section (d) of the CCPA have obligations under the federal laws or the CCPA of other applicable law where any Service Provider services and/or any party that Service Provider may provide to the compliance with privacy-related information.
Signatures
As outlined above, Charter Funding and Service Provider have executed this Addendum to be executed by their duly authorized representatives.
Charter Funding
BY: _______________
Name:
Title:
State:
Date:
[Add Service Provider]
BY: _______________
Name:
Title:
State:
Date: