Data Processing Addendum​

Last updated: 02/05/2021

This Data Processing Addendum (the “Addendum”) reflects the requirements of the California Consumer Privacy Act of 2018, Cal. Civ. Code 1798.100 et seq., and its implementing regulations, as amended or superseded from time to time (the “CCPA”).

This Addendum is an addendum to and is hereby incorporated into the Master Services Agreement (“Agreement”) by and between Publisher Partner (“Partner”) and AdAdapted, Inc. (“AdAdapted”) (each a “Party” and collectively, the “Parties”) concerning the collection, retention, use, and disclosure of Personal Information by AdAdapted under the Agreement. This Addendum shall remain in effect for so long as AdAdapted maintains Personal Information under the Agreement. 

Notwithstanding anything else to the contrary, this Addendum shall apply and bind the Parties as if Publisher Partner is a “Business” under the CCPA even if Publisher Partner would not otherwise be subject to the CCPA based on its thresholds for compliance. 

This Addendum prevails over any conflicting terms of the Agreement but does not otherwise modify the Agreement. All capitalized terms not defined in this Addendum shall have the meanings set forth in the CCPA. 

This Addendum is set forth and available at: https://www.adadapted.com/privacy/dpa

The parties agree as follows:

1. Definitions

1.1. “CCPA” means the California Consumer Privacy Act, Cal. Civ. Code 1798.100 et seq., including any amendments and any implementing regulations thereto that become effective on or after the effective date of this Addendum.

1.2. “Processing” has the meaning given in the CCPA, and “Process” will be interpreted accordingly;

1.3. “Services” means the SDK and AdAdapted Services provided to the Partner under the Agreement.

2. Scope and Applicability

2.1. This Addendum applies to the collection, retention, use, and disclosure of Personal Information under the Agreement.

2.2. Partner is a Business as defined in Section 1798.140(c) of the CCPA or Section 999.314 of the Implementing Regulations and is responsible for compliance with the requirements of the CCPA applicable to Businesses. 

2.3. AdAdapted is a “third party” as defined in Section 1798.140 of the CCPA with respect to its receipt of Personal Information under the Agreement.

3. Third Party Relationship

3.1. Partner is responsible for complying with its obligations under the CCPA related to the collection, use, and disclosure of Personal Information. Such obligations include, but are not limited to, requirements concerning notice, consent, transfer/sales, opt-out, and nondiscrimination, identity verification, data access, disclosure, portability, and deletion, breach notification, and recordkeeping. 

3.2. Subject to this Addendum, AdAdapted may collect, use, retain, disclose, and sell Personal Information under the Agreement, including as a Data Broker, and use such Personal Information alone, or in combination with other data, for the purposes of retargeting and interest-based (e.g. context-based and behavioral) advertising. 

4. Notice and Consent

4.1. Partner shall provide all notices and obtain all consents necessary to comply with the CCPA, including as such may pertain to Partner’s use of AdAdapted’s SDK and Services. Such notice to Consumers shall include a conspicuously posted hyperlink located on the user interface of Partner’s mobile application of the required “Do Not Sell My Personal Information” language or any alternate language that may be provided under the CCPA or approved by the regulator. 

4.2. Partner shall provide explicit notice to Consumers of the sale of Personal Information to AdAdapted and provide Consumers sufficient means and opportunity to opt-out of such sales pursuant to Section 1798.120 of the CCPA. At AdAdapted’s election, Partner shall incorporate into the user interface of its mobile application an opt-out mechanism supplied by AdAdapted to serve as the exclusive means for Consumers to opt-out of Partner’s sale of Personal Information to AdAdapted. 

4.3. Partner shall provide Consumers AdAdapted’s privacy notice by incorporating the specific language set forth in Exhibit A and a hyperlink to AdAdapted’s designated privacy policy in an appropriate section in Partner’s privacy policy. 

5. Consumer Rights

5.1. Partner is responsible for complying with Consumer rights requests applicable to Partner under the CCPA, including, but not limited to, the right to know and right to deletion.

5.2. If Partner receives a Consumer request to opt-out of the sale of Personal Information after such request has been received, but before Partner has complied with the request, Partner will notify AdAdapted of the opt-out request within three (3) business days of the request. Upon receiving such notice, AdAdapted will not further sell the Consumer’s Personal Information. 

6. Deidentified Information

6.1. In the event that either Party shares Deidentified Information with the other Party, the receiving Party warrants that it: (i) has implemented technical safeguards that prohibit reidentification of the Consumer to whom the information may pertain; (ii) has implemented business processes that specifically prohibit reidentification of the information; (iii) has implemented business processes to prevent inadvertent release of Deidentified Information; (iv) will make no attempt to reidentify the information. Deidentified Information shall not be considered Personal Information. 

7. Merger, Sale, or Other Asset Transfer

7.1. In the event that either Party transfers to a Third Party the Personal Information of a Consumer as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the Third Party assumes control of all or part of such Party to the Agreement, that information shall be used or shared consistently with applicable law. If a Third Party materially alters how it uses or shares the Personal Information of a Consumer in a manner that is materially inconsistent with the promises made at the time of collection, it shall provide prior notice of the new or changed practice to the Consumer in accordance with applicable law.

7.2 Partner shall provide AdAdapted written notice 60 days prior to the consummation of any such transfer or transaction under Section 7.1.  

8. As Required by Law

8.1. Notwithstanding any provision to the contrary of the Agreement or this Addendum, AdAdapted may cooperate with law enforcement agencies concerning conduct or activity that it reasonably and in good faith believes may violate international, federal, state, or local law.

9. Indemnification

9.1. Partner agrees to indemnify and defend AdAdapted, its officers, directors, employees, agents, affiliates, successors and permitted assigns (the “Indemnified Parties”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses, including any legal fees and court fees, incurred by the Indemnified arising from Partner’s breach of this Addendum or its violation of the CCPA. 

10. Modification

10.1. AdAdapted reserves the right to modify this Addendum at any time by posting an updated version to its website or by otherwise making the update reasonably accessible to Partner. Such modifications shall take effect two (2) business days after being posted.

Exhibit A

AdAdapted Privacy Notice

This mobile application uses AdAdapted to deliver interest-based advertising. AdAdapted may receive personal information about you and use such information, alone or in combination with other information, for the purpose of retargeting ads on other applications. AdAdapted may transfer and sell your personal information to third parties for advertising purposes. California residents may opt-out of the sale of personal information by this application to AdAdapted here: www.adadapted.com/privacy/ccpa-optout. AdAdapted’s privacy policy is available here: www.adadapted.com/privacy-policy.