California Data Processing Addendum

Last updated: March 16, 2022

In furtherance of obligations under the California Consumer Privacy Act of 2018 (California Civil Code §§ 1798.100 to 1798.199) and its implementing regulations, as amended or superseded from time to time (“CCPA”), the Parties hereby adopt this CCPA Addendum (“Addendum”) for so long as ShootProof maintains Personal Information on your behalf. This Addendum prevails over any conflicting terms in the Terms of Use. 

1. Definitions. For the purposes of this Addendum–

1.1 The capitalized terms used in this Addendum and not otherwise defined in this Addendum shall have the definitions set forth in the CCPA. 

2. Roles and Scope.

2.1 This Addendum applies only to the Collection, retention, use, disclosure, and Sale of Personal Information provided by you to, or which is Collected on your behalf, ShootProof to provide Services to you pursuant to the ShootProof Terms of Use or to perform a Business Purpose (“Customer Personal Information”).  

2.2 The Parties acknowledge and agree that you are a Business and appoints ShootProof as a Service Provider to process Customer Personal Information on your behalf. 

3. Restrictions on Processing.

3.1 Except as otherwise permitted by the CCPA, ShootProof is prohibited from (i) retaining, using, or disclosing Customer Personal Information for any purpose other than for the specific purpose of performing the Services specified in the Terms of Use for you, as set out in this Addendum and (ii) further Collecting, Selling, or using Customer Personal Information except as necessary to perform the Services. 

4. Consumer Rights.

4.1 ShootProof shall provide commercially reasonable assistance to you for the fulfillment of your obligations to respond to CCPA-related Consumer rights requests regarding Customer Personal Information.  

5. CCPA Exemption.

5.1 Notwithstanding any provision to the contrary of the Terms of Use or this Addendum, the terms of this Addendum shall not apply to ShootProof’s processing of Customer Personal Information that is exempt from the CCPA, including under Cal. Civ. Code 1798.145(a).

6. Notice.

6.1 You represent and warrant that you have provided notice that Customer Personal Information is being used or shared consistent with Cal. Civ. Code 1798.140(t)(2)(C)(i).

7. Deidentified Information.

7.1 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; and (iv) will make no attempt to re-identify the information.

8. Indemnification.

8.1 To the extent that the Services require ShootProof to Collect, use, retain, disclose, or re-identify any Customer Personal Information as directed by you, you shall be solely liable and shall hold harmless and indemnify ShootProof for any damages or reasonable costs, including attorneys’ fees and interest, arising from or related to the Collection, use, retention, disclosure, or reidentification of such Customer Personal Information by ShootProof as directed by you. 

9. Security.

9.1 Shootproof hereby represents and warrants that it shall implement and maintain no less than reasonable security procedures and practices, appropriate to the nature of the information, to protect Customer Personal Information from unauthorized access, destruction, use, modification, or disclosure.