CCPA/CPRA. 1.1. To the extent UKG is a “Service Provider” (as defined under CCPA) and receives from Customer Personal Data that constitutes “personal information” (as defined under CCPA) (“Personal Information”), UKG, in its role as a Service Provider, will not (i) “sell” (as defined under CCPA) such Personal Information; (ii) shall not retain, use, or disclose such Personal Information for any purpose other than performing the Services under the Agreement or as otherwise permitted under CCPA/CPRA; (iii) retain, use, or disclose the Personal Information for a commercial purpose other than providing the Services unless otherwise permitted under the Agreement; or (iv) retain, use, or disclose such Personal Information outside of the direct business relationship between Customer and Service Provider unless otherwise permitted under the Agreement. UKG, in its role as a Service Provider, agrees to comply with the CCPA and CPRA as applicable to Service Provider in its provision of the Services to Customer under the Agreement.
1.2. In the event of any conflict between the terms of this Section 1 of Schedule 3 and any other terms of the DPA, the terms in this Section 1 of Schedule 3 shall control but only to the extent they apply to handling of Personal Information.
CCPA/CPRA. If Motorola is Processing Personal Data within the scope of the California Consumer Protection Act (“CCPA”) and/or the California Privacy Rights Act (“CPRA”) (collectively referred to as the “California Privacy Acts”), Customer acknowledges that Motorola is a “Service Provider” within the meaning of California Privacy Acts. Motorola will process Customer Data and Personal Data on behalf of Customer and, not retain, use, or disclose that data for any purpose other than for the purposes set out in this DPA and as permitted under the California Privacy Acts, including under any “sale” exemption. In no event will Motorola sell any such data, nor will M. If a California Privacy Act applies, Personal Data will also include any data identified with the California Privacy Act or Act’s definition of personal data. Motorola shall
CCPA/CPRA. If you, a member of your Group or a User: (a) is subject to the terms of the California Consumer Privacy Act (CCPA) and/or California Privacy Rights Act (CPRA); and/or (b) uses the Services in a manner that means that the delivery of them by Us, and/or the use and access of them by you, your Group or Users means that We are a Service Provider to them under the terms of the CCPA and/or CPRA, then the terms of Our CCPA/CPRA Addendum available at xxx.xxxxxx.xxx/xxxxx will apply and are incorporated by reference into this MSA. You must execute a copy of this document. If there is any conflict between the BAA and this MSA in respect of the parties’ respective privacy and security obligations under the CCPA and/or CPRA, the terms of that addendum shall control.
CCPA/CPRA. 9.1. To the extent that the Customer Personal Data is subject to the CCPA/CPRA, we shall not sell or share Customer's Personal Data. ChurnZero acknowledges that when processing Customer Personal Data in the context of the provision of the Subscription Service, Customer is not selling or sharing Customer Personal Data to ChurnZero. We agree not to retain, use or disclose Customer Personal Data: (i) for any purpose other than the Business Purpose (as defined below); (ii) for no other commercial or Business Purpose; or (iii) outside the direct business relationship between ChurnZero and Customer.
9.2. Notwithstanding the foregoing, we may use, disclose, or retain Customer Personal Data to: (i) transfer the Customer Personal Data to our Affiliates, service providers, third parties and vendors, in order to provide the Subscription Service to Customer; (ii) to comply with, or as allowed by, applicable laws; (iii) to defend legal claims or comply with a law enforcement investigation; (iv) for internal use by ChurnZero to build or improve the quality of its services and/or for any other purpose permitted under the CCPA/CPRA; (v) to detect data security incidents, or protect against fraudulent or illegal activity; and (vi) collect and analyze anonymous information.
9.3. We shall use commercially reasonable efforts to comply with its obligations under CCPA/CPRA. If we become aware of any material applicable requirement (to us as a service provider) under CCPA/CPRA that we cannot comply with, we shall use commercially reasonable efforts to notify Customer. Upon written Customer’s notice, we shall use commercial reasonable and appropriate steps to stop and remediate our alleged unauthorized use of Customer Personal Data; provided that Customer must explain and demonstrate in the written notice which Processing activity of Customer Personal Data it considers to be unauthorized and the applicable reasons.
9.4. We shall use commercially reasonable efforts to enable Customer to comply with consumer requests made pursuant CCPA/CPRA. Notwithstanding anything to the contrary, Customer shall be fully and solely responsible for complying with its own requirements under CCPA/CPRA.
CCPA/CPRA. 4.1 Notwithstanding any similar or conflicting provision herein, this Section 4 shall apply to any Personal Data that is governed by CCPA/CPRA.
4.2 Customer represents and warrants to AMCS that any Personal Data disclosed by or on behalf of Customer hereunder is provided solely for the Purposes, each of which is a “Business Purpose” (as defined under CCPA/CPRA).
4.3 AMCS certifies, pursuant to Section 1798.140(d)(1) of the CCPA/CPRA, that AMCS shall: (i) only retain, use and disclose Personal Data for the Purposes and not for any other commercial purpose or otherwise outside the relationship between AMCS and Customer; (ii) not sell or share Personal Data in violation of CCPA/CPRA; (iii) only combine personal information obtained from Customer pursuant to CCPA/CPRA and its regulations; (iv) otherwise comply with its obligations under CCPA/CPRA; and (v) promptly notify Customer if it can no longer comply with its obligations under CCPA/CPRA.
4.4 AMCS acknowledges and agrees that Customer shall have the right to take reasonable and appropriate steps to (i) ensure that AMCS processes the Personal Data in a manner consistent with Customer’s obligations under CCPA/CPRA, and (ii) stop and remediate unauthorized processing of Personal Data. Customer shall promptly inform AMCS of any consumer request made pursuant to CCPA/CPRA that AMCS must comply with, and Customer will provide the information necessary for AMCS to comply with such request.
CCPA/CPRA. If Motorola is Processing Personal Data within the scope of the California Consumer Protection Act (“CCPA”) and/or the California Privacy Rights Act (“CPRA”) (collectively referred to as the “California Privacy Acts”), Customer acknowledges that Motorola is a “Service Provider” within the meaning of California Privacy Acts. Motorola must process Customer Data and Personal Data on behalf of Customer and, not retain, use, or disclose that data for any purpose other than for the purposes set out in this DPA and as permitted under the California Privacy Acts, including under any “sale” exemption. In no event will Motorola sell any such data, nor will M. If a California Privacy Act applies, Personal Data must also include any data identified with the California Privacy Act or Act’s definition of personal data. Motorola shall provide Customer with notice should it determine that it can no longer meet its obligations under the California Privacy Acts, and the parties agree that, if appropriate and reasonable, Customer may take steps necessary to stop and remediate unauthorized use of the impacted Personal Data.
CCPA/CPRA. This Section shall apply to any Personal Data that is governed by CCPA/CPRA.
