Last updated on December 21, 2020
This addendum to the PageFly DPA is incorporated by reference into PageFly’s Terms of Service at https://pagefly.io/pages/terms-of-service entered into between PageFly and you (the “Customer”), and reflects the parties’ agreement with regard to the use or access of personal information in accordance with the requirements of the California Consumer Privacy Act, when applicable.
For the purposes of the CCPA, the Parties acknowledge and agree that PageFly will act as a “Service Provider” as such term is defined in the CCPA, in its performance of its obligations pursuant to this DPA or the Agreement. PageFly shall be referred to as “Service Provider” throughout this Agreement. The Customer will act as a single point of contact for its Affiliates with respect to CCPA compliance, such that if Service Provider gives notice to the Customer, such information or notice will be deemed received by the Customer’s Affiliates. The Parties acknowledge and agree that any claims in connection with the CCPA under this DPA will be brought by Customer, whether acting for itself or on behalf of an Affiliate.
“Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with the entity. For purposes of this definition, “control” means direct or indirect ownership or control of more than 50% of the voting interests of the entity;
“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 DPA.
“CCPA Consumer” means a “consumer” as such term is defined in the CCPA.
“CCPA Personal Information” means the “personal information” (as defined in the CCPA) that the Service Provider Processes on behalf of the Customer and/or Customer’s Affiliates in connection with the Service Provider’s provision of the Service;
“Data Processing Services” means the Processing of CCPA Personal Information for any purpose permitted by the CCPA, such as for a permitted “business purpose,” as such term is defined in the CCPA, or for any other purpose expressly permitted by the CCPA;
“Processing” has the meaning given in the CCPA, and “Process” will be interpreted accordingly;
“Sell” means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, CCPA Personal Information by the Supplier to another business or a third party for monetary or other valuable consideration;
“Services” means the assessment services and any other services provided by Service Provider to the Customer under the Agreement, including the Data Processing Services;
“Subprocessor” means any subcontractor engaged by Service Provider who Processes CCPA Personal Information on behalf of Service Provider.
2.1Processing Purposes and Details
| Category | Specific Fields |
|---|---|
| A. Identifiers. | None |
| B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). | None |
| C. Protected classification characteristics under California or federal law. | None |
| D. Commercial information. | Purchased product/service happening on the page(s) built with PageFly app |
| E. Biometric information. | None |
| F. Internet or other similar network activity. | - Visits on the page built with PageFly app - Clicks on tracking objects on the page built with PageFly app |
| G. Geolocation data. | None |
| H. Sensory data. | None |
| I. Professional or employment-related information. | None |
| J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). | None |
| K. Inferences drawn from other personal information. | None |
2.2 Required Consents and Notices
The Customer is responsible for complying with the CCPA in connection with the collection, use and storage of CCPA Personal Information and will ensure that it obtains all necessary consents, and provides all necessary notices, for the lawful Processing of CCPA Personal Information by the Service Provider in accordance with the Agreement.
PageFly may use subcontractors to provide the Contracted Business Services as set forth in the Agreement and subject to the terms of this CCPA Addendum. Any such subcontractor used must qualify as a “service provider” under the CCPA and PageFly will not make any disclosures to the subcontractor that the CCPA would treat as a sale.
PageFly remains fully liable to the Customer for the subcontractor’s actions or inactions.
4.1 No Disclosure of CCPA Personal Information
The Service Provider shall not disclose, release, transfer, make available or otherwise communicate any CCPA Personal Information to another business or third party without the prior written consent of the Customer. Notwithstanding the foregoing, nothing in this Agreement shall restrict the Service Provider’s ability to disclose CCPA Personal Information to comply with applicable laws or as otherwise permitted by the CCPA.
4.2 No Sale of CCPA Personal Information
The Service Provider shall not Sell any CCPA Personal Information to another business or third party without the prior written consent of the Customer.
5.1 CCPA Consumer Rights Requests
On and after the effective date of the CCPA, Service Provider shall comply with all applicable requirements of the CCPA. Subject to a detailed written request by Customer and where possible, Service Provider shall assist Customer with responding to CCPA Consumer Rights Requests as required by applicable CCPA requirements.
5.2 Notice of Requests
The Service Provider shall promptly notify the Customer of any verified request received by the Service Provider from a CCPA Consumer or authorized representative enforcing available rights in respect of the CCPA Personal Information of the CCPA Consumer. Service Provider shall direct such CCPA Consumer or authorized representatives to contact the Customer.
If you have any request or further questions about this DPA, kindly send an email to happytohelp@pagefly.io
