This CCPA Service Provider Addendum ("Addendum") is made and entered into between Pixel Lending Group ("Pixel Lending") and its Service Provider(s) ("Service Provider") effective as of May 9, 2023. This Addendum supplements any and all service agreements, service orders, statements of work, or other contractual arrangements (collectively referred to as the "Agreement") previously entered into between the parties whereby the Service Provider provides certain services to Pixel Lending Group.
RECITALS
Pixel Lending Group and its affiliates collect personal information that may be disclosed to the Service Provider for processing and other business purposes in accordance with the Agreement. The parties aim to ensure that there are sufficient contractual terms between Pixel Lending Group and the Service Provider to meet their respective obligations under the California Consumer Privacy Act of 2018 (the "CCPA").
TERMS OF AGREEMENT
For the purposes of this Addendum:(a) "business purpose," "commercial purpose," "processing," "sell," and "service provider" shall have the meanings ascribed to them in the CCPA;(b) "Services" shall refer to the services provided to Pixel Lending Group by the Service Provider pursuant to the Agreement;(c) "Personal Information" means the personal information of California consumers that the Service Provider has received from and processed on behalf of Pixel Lending Group, whether before or after the date hereof, in connection with the provision of Services.
With regard to the Personal Information of California consumers, the Service Provider and Pixel Lending Group acknowledge that the Service Provider acts as a service provider processing data on behalf of Pixel Lending Group. Except as otherwise permitted by the CCPA, the Service Provider is prohibited from: (a) selling Personal Information; and (b) retaining, using, or disclosing Personal Information for any purpose other than for the specific purpose of performing the Services. This includes prohibiting the Service Provider from retaining, using, or disclosing Personal Information outside of its direct business relationship with Pixel Lending or for any other commercial purpose. However, the Service Provider may disclose the Personal Information to its own service providers after conducting adequate due diligence on each such service provider and including in its agreement with each such service provider terms equivalent to those set forth in this Addendum.
Service Provider will provide written notice to Pixel Lending of any requests it receives directly from individuals under the CCPA or other relevant data privacy laws that relate to the Services provided under the Agreement. a privacy laws. This includes requests to access, delete, and opt-out of the sale of their Personal Information. Service Provider's obligations include:(a) Providing Pixel Lending with a mechanism to notify Service Provider of requests by California consumers to exercise their CCPA rights.(b) Complying with any notifications provided by Pixel Lending to delete Personal Information from its systems and those of any service provider it may use to perform the Services under the Agreement.(c) Providing verification to Pixel Lending that the applicable requests have been fulfilled.
Service Provider shall give Pixel Lending written notice of any requests under the CCPA or other applicable data privacy laws that Service Provider may receive directly from individuals that pertain to the Services provided under the Agreement.
Service Provider hereby certifies that it understands and will comply with the restrictions and requirements set forth in this Addendum.
Pixel Lending and Service Provider each acknowledge and agree that this Addendum is limited to the applicable Services. Should Pixel Lending and Service Provider enter into any other agreement for any additional services or should the scope of the Services change such that Service Provider no longer serves as a service provider to Pixel Lending for such Services, Service Provider shall provide Pixel Lending with notice of such change. In such event, the parties shall take such steps as are reasonably necessary to comply with the CCPA and applicable data privacy laws with respect to such Services.
If the Agreement is terminated and Service Provider ceases to provide services to Pixel Lending, Service Provider must promptly delete all Pixel Lending Group data stored on its systems and on the systems of any of its service providers. Service Provider will provide Pixel Lending with written certification of such deletion. Service Provider will indemnify, defend, and hold harmless Pixel Lending, its employees, shareholders, licensees, and agents (each an “Indemnity”) from any losses, claims, and expenses (including attorneys’ fees and costs) arising from or related to any actual or alleged breach of Service Provider’s obligations under this Addendum or violation of the CCPA or other applicable data privacy laws by Service Provider or any entity that Service Provider provided Personal Information to. This indemnification obligation, along with Section 9, will survive termination of the Agreement. If Pixel Lending becomes aware of a third-party claim (a “Claim”) that would result in a Loss under Section 8, it will promptly notify Service Provider in writing. Failure or delay in giving such notice will not affect the right to indemnification except to the extent that it prejudices the defense of the subject Claim. Service Provider must assume the defense of such Claim within 15 days after receiving notice of the Claim.
Until such assumption of the defense, the applicable Indemnity(s) may take any action they reasonably deem appropriate to protect their interests or those of Service Provider, provided such action is not prejudicial to Service Provider. The applicable Indemnity(s) must reasonably cooperate with the defense of such Claim and may retain separate counsel at their own expense to participate in, but not control, the defense. Neither Service Provider nor any Indemnity may settle a Claim without the consent of the other party(s), provided that such consent may not be unreasonably withheld, conditioned, or delayed. All other terms and conditions of the Agreement remain unmodified and in full force and effect. This Addendum governs in the event of any conflict or inconsistency between this Addendum and the Agreement.
IN WITNESS WHEREOF,
Pixel Lending and Service Provider have caused this Addendum to be executed by their duly authorized representatives.
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