California Consumer Privacy Act Addendum

This CCPA Addendum (the “Addendum”) is made by and between Hoss Technologies, Inc. (“Company”) and you (“Customer”). This Addendum is incorporated into and forms part of the Terms of Service Agreement (“Agreement”) between the parties and applies where Company processes Personal Information on behalf of Customer pursuant to the Agreement. This Addendum is effective from January 1, 2020 until the Agreement is terminated. This Addendum shall control in the event of any inconsistencies between this Addendum and the Agreement.

I.        Definitions
a.    “Business” has the meaning given that term under the CCPA.
b.    “CCPA” means the California Consumer Privacy Act, as may be amended from time to time, and any rules or regulations implementing the foregoing.
c.     “Personal Information” means any information Customer provides to Company that relates to or could reasonably be associated with a California resident or household.
d.    “Service Provider” means an entity that receives Personal Information and is prohibited from retaining, using, selling, or disclosing such information other than in connection with providing the Hoss Services.

II.        CCPA.
a.    The parties agree that, for purposes of the CCPA, Customer is a Business and Company is a Service Provider. Customer represents and warrants that it will only provide or make Personal Information available to Company in compliance with the CCPA.
b.    Company shall not (1) retain, use, or disclose Personal Information other than as provided for in the Agreement, as needed to perform the Hoss Services, to build or improve the quality of the [Services], to detect security incidents, to protect against fraudulent or illegal activity, to employ subcontractors that qualify as Service Providers, or as otherwise permitted by the CCPA; or (2) sell such Personal Information.
c.     Notwithstanding anything else in this Addendum or in the Agreement, Customer agrees that Company, its affiliates, and each of their directors, officers, employees, agents, representatives, successors and assigns will not be liable under the Agreement for any claim arising from any action or omission by Company that resulted from the Customer’s instructions or from Customer’s failure to comply with its obligations under the CCPA.

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