Subscription
Data Processing Agreement
CCPA Addendum

This Data Processing Agreement (“DPA”) is an annex to and forms an inseparable part of the Agreement between the Customer and Burohelp, regarding the use of the  Services of Burohelp.

The agreed Service delivery may include processing of personal data by Burohelp and its subcontractors, on behalf of the Customer, within the scope described in the Agreement. The purpose of this DPA is to set the terms and conditions governing such processing by Burohelp on behalf of the Customer in compliance with the requirements set by the (i) the EU General Data Protection Regulation 2016/679 (“GDPR”), (ii) the e-Privacy Directive 2002/58/EC (“e-Privacy Directive”) and any further applicable legislation replacing the e-Privacy Directive; (iii) any data protection law, statute or regulation of a European Union (“EU”) Member State, which may apply to one of the Parties pursuant to its data Processing activities or its establishment within the EU; (iv) any applicable law, statute or regulation of the United Kingdom deemed adequate to the GDPR or the e-Privacy Directive, as long as it is not declared inadequate pursuant to a European Commission decision and (v) the California Consumer Privacy Act of 2018 (“CCPA”) (collectively, “Data Privacy Laws”).

Burohelp may process personal data only on behalf of the Customer solely to the extent necessary for the provision of the Services set forth in the Agreement, and may not otherwise process or use personal data for purposes other than those set forth in this DPA or as reasonably instructed by the Customer in writing where such instructions are consistent with the terms of the Agreement. Burohelp may not sell the Customer’s personal data, as the term “sale” is defined under the CCPA. This DPA shall take precedence over conflicting provisions relating to processing of personal data in the Agreement, unless otherwise expressly stated in this DPA.

The parties acknowledge and agree that the Customer enters into this DPA on behalf of itself and on behalf of its affiliates which utilize the Services as defined in the Agreement (“Affiliates”), thereby establishing a separate DPA between Burohelp and each of the Customer Affiliates subject to the terms of this DPA. The Customer and Affiliates are jointly referred to as the “Customer”. Burohelp enters into this DPA on its own behalf and on behalf of those of Burohelp’s group companies that are involved in the processing of personal data under this DPA and the Agreement.

All references to “personal data”, “processing”, “data subject” and other terms defined in Data Privacy Laws and not expressly defined herein shall have the same meaning in this DPA as in Article 4 of the GDPR. When CCPA applies, these above mentioned terms shall have the same meaning as defined in the CCPA; “controller” shall mean “Business” and “processor or “data processor” shall mean “Service Provider”.

In the event that under the Agreement it is agreed that Burohelp’s cloud based Service shall be delivered by a third-party provider (Amazon Web Services, Microsoft, Google or other) the parties acknowledge that any personal data processed within the cloud Service shall be exclusively governed by the terms and conditions for the cloud Service as stipulated and amended from time to time by the cloud Service provider.

This DPA shall become effective upon the Customer entering into the Agreement and shall remain in force during the validity of the Agreement and thereafter for as long as necessary for the finalization of the agreed processing of personal data.

For the sake of clarity, it is noted that in relation to the personal data processed under this DPA, Burohelp acts as a data processor or second data processor (a so called sub-processor), and the Customer acts as a data controller or first data processor (to the extent Burohelp process personal data for which a customer of the Customer is considered controller).

The types of personal data and categories of data subjects may include the following depending on the service(s) Burohelp provides:

Categories of data subjects

The personal data will concern the following categories of data subjects: Customers or users (including prospective customer’s or user’s) of the Customer or Customer’s customers.

Types of personal data

Online identifiers, such as cookie identifiers, internet protocol addresses and device identifiers; precise location data; client identifiers; Contact details, such as names, email addresses, phone numbers and addresses; Data relating to individuals provided to Burohelp via the Services by (or at the direction of) the Customer, including to create and collaborate on reports, graphs and charts; Event data and CRM data relating to individuals provided to Burohelp via the Services by (or at the direction of) the Customer, such as data about data subjects and the actions they take on or in relation to specific websites, apps, services or applications. Financial and transactional details such as accounting, sales, orders, invoices, payments and items purchased. Other personal data submitted to the Services by (or at the direction of) the Customer within the scope of the Agreement.

This DPA with the Agreement constitutes the instructions in accordance with which any such data is processed as per the date of entering into this DPA.

Burohelp shall not process the personal data provided to Burohelp via the Services by (or at the direction of) the Customer for any other purpose or otherwise deviate from the Customer’s instructions relating to the processing of personal data in any way, unless required to do so by the laws of the European Union or its member states to which Burohelp is subject, in which case Burohelp shall inform the Customer of that legal requirement before carrying out such processing (unless that law prohibits Burohelp from doing so).

In the event that Burohelp believes an instruction from the Customer is in breach of applicable data protection legislation or otherwise lacks instructions which, in Burohelp assessment, are necessary to perform the processing of personal data in accordance with this DPA or applicable data protection legislation, Burohelp shall promptly inform the Customer thereof and await further necessary instructions.

The Customer is the owner of its personal data and is responsible for the accuracy, legality, integrity and content reliability of such personal data. Customer shall, in its use of the Services, process personal data in accordance with the requirements of applicable data protection legislation and Customer will ensure that its instructions for the processing of personal data shall comply with applicable data protection legislation. Customer is solely liable for its compliance with Data Privacy Laws in its use of the Services. Customer must provide a written notification to Burohelp without undue delay if it believes this DPA and Customer’s written instructions do not fulfil requirements of applicable Data Privacy Laws.

5.1 Burohelp will assist the Customer in ensuring compliance with their obligations under Article 32 (security of processing), Article 33 (notification of personal data breaches to supervisory authorities), Article 34 (communication of personal data breach to data subjects), Article 35 (data protection impact assessments) and Article 36 (prior consultation), taking into account the nature of processing and the information available to the Burohelp. Any assistance by Burohelp outside the scope of the services agreed under the Agreement shall be charged by Burohelp at the then current rate applied by Burohelp.

5.2 Burohelp shall, take into account the nature of the processing, assist the Customer by appropriate technical or organisational measures, in the fulfilment of the Customer’s obligations to respond to data subject requests relating to their exercise of their rights under Data Privacy Laws. In this respect, Burohelp shall provide assistance only upon request by the Customer. Any request directed to Burohelp by a data subject shall be referred by Burohelp to the Customer without undue delay. Any assistance by processor outside the scope of the Services agreed under the Agreement shall be charged by Burohelp at the then current rate applied by Burohelp.

5.3 Burohelp shall notify the Customer about any personal data breaches concerning the Customer’s personal data without undue delay after having become aware of such personal data breach. To the extent possible, the notification shall include the following information:

• Description of the nature of the personal data breach including where possible the categories and approximate number of data subjects and personal data records concerned;
• The name and contact details of Burohelp data protection officer or other contacts where further information can be obtained;
• Description of the likely consequences of the personal data breach; and
• Description of the measures taken or proposed to be taken to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.

5.4 Where it is not possible for Burohelp to provide the information as indicated in Section 5.3 at the same time as the notification of the personal data breach, the information may be provided in phases without undue delay.

6.1 Burohelp shall ensure that all persons authorized to process the personal data of the Customer are bound by an obligation of confidentiality with respect to such personal data, and only processes such personal data on instructions from the Customer, unless required to do so under applicable EU or EU member state law.

• Implement and maintain technical and organisational measures for safeguarding the confidentiality, integrity, availability and resilience of systems and services processing personal data;
• Restore the availability and access to personal data in a timely manner in the event of an incident;
• Regularly test, assess and evaluate the effectiveness of technical and organisational measures for ensuring the security of the processing; and
• Pseudonymize and/or encrypt personal data.

7.1 The Customer acknowledges that Burohelp needs to engage other processors for carrying out specific processing activities, and that Burohelp wishes to deliver standard services to its customers in a consistent, secure and efficient manner. Accordingly, the DPA shall constitute a general authorization by the Customer for Burohelp’s use of sub-processors. Burohelp shall ensure that sub-processors are bound by a written agreement that require them to provide at least the level of data protection required by Burohelp under this DPA. Burohelp shall inform the Customer of changes concerning its sub-processors, including the identity and location of new or replaced sub-processors. A list of sub-processors (including their name, country, processing activities and country/area where processing activities are carried out) is available hereafter or other location as designated by Burohelp from time to time. Burohelp will notify the Customers by adding the name and above mentioned details of new and replacement sub-processors to the list prior to them starting sub-processing of personal data.

7.2 Where a sub-processor fails to fulfil its data protection obligation, Burohelp shall remain fully liable to the Customer for the performance of that sub-processor’s obligations.

7.3 If the Customer has a reasonable objection to any new or replacement sub-processor, it shall notify Burohelp of such objection in writing within ten (10) days of the notification. In case the Customer objects to the use of a specific sub-processor, the parties shall enter into good faith negotiations on how to resolve the issue. In case the negotiations do not solve the issue and the Customer opposes Burohelp’s use of a specific sub-processor either party shall, for a justified reason and as a final remedy, be entitled to terminate the relevant Agreement on thirty days’ written notice.

7.4 Burohelp and its sub-processors may transfer or process personal data outside the EU/EEA area.

7.5 When transfer of personal data by Burohelp to a sub-processor outside the EU/EEA, is permitted as stated above, in case of any transfer Burohelp shall ensure that transfer is only made to (a) a country deemed by the Commission to have an adequate level of protection, (b) entities having entered into the EU Commission standard contractual clauses approved by the European Union concerning the transfer of personal data to outside the EU/EEA or provided other appropriate safeguards as described in Article 46 of the GDPR.

7.6 Subject to the above and subject to Burohelp keeping the Customer informed of any transfer of personal data outside the EU/EEA, the Customer gives its consent to the transfers and authorizes Burohelp to agree on the use of privacy clauses on behalf of the Customer and to represent the Customer regarding those conditions of the standard contractual clauses that refer to the rights and liabilities of the Customer, as shown in  Exhibit 1.

Burohelp has no obligation to store and Burohelp will not store any of Customer’s data after the termination of your account and/or subscription of the Service.  Burohelp will, at Customer’s election, promptly delete or return all personal data related to Customer’s account after the end of the provision of the Services relating to processing and delete existing copies unless applicable legislation requires storage of the personal data.

9.1 Burohelp shall upon the Customer’s request make available to the Customer all information necessary to demonstrate compliance with the obligations laid down in this DPA, the GDPR and CSR as required by the European Commission Corporate Social Responsibility Directive.

9.2 The Customer or an auditor authorized by the Customer (however, not a competitor of Burohelp) is entitled to audit the activities pursuant to the DPA. The Parties shall agree on the time of the auditing and other details ahead of time and at latest 30 days before the inspection. The auditing shall be carried out in a way that does not impede the obligations of Burohelp or its subcontractors in regard to third parties. The representatives of the Customer and the auditor must sign conventional non-disclosure commitments. The Customer shall be responsible for its own and Burohelp’s expenses caused by the auditing. If notable defects are perceived during auditing, Burohelp shall be liable for the costs incurred from remediating said defects.

9.3 . Provided that the parties have an applicable Non-Disclosure Agreement in place, Burohelp reserves the right to provide the Customer with a copy of a third-party certification or report in lieu of an onsite audit as described in 9.2 above. In the event the customer does not find all reasonably needed info from the report, then 9.2. will apply.

Burohelp shall compensate the Customer for damages incurred by the Customer as a result of fault or negligence by Burohelp, or by a sub-contractor to Burohelp, in the processing of personal data in breach of the Agreement or this DPA, including for claims by data subjects or a supervisory authority against the Customer caused directly by Burohelp’ breach of this DPA.

To clarify, the limitations of liability set forth in Section 19 of the Agreement shall apply.

Standard Contractual Clauses (Processors)

for the purposes of Article 26(2) of Directive 95/46/EC for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection.

Customer (as defined in the Terms of Service) (the data exporter)

and

Burohelp’s sub-processor(s) as set forth in Section 7 of Schedule 2 in the Tems of Service (the data importer)

each a “party”; together “the parties”,

HAVE AGREED on the following Contractual Clauses (the Clauses) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal data specified in Annex 1.

Definitions

1.  ‘personal data’, ‘special categories of data’, ‘process/processing’, ‘controller’, ‘processor’, ‘data subject’ and ‘supervisory authority’ shall have the same meaning as in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data;
2. ‘the data exporter’ means the controller who transfers the personal data;
3. ‘the data importer’ means the processor who agrees to receive from the data exporter personal data intended for processing on his behalf after the transfer in accordance with his instructions and the terms of the Clauses and who is not subject to a third country’s system ensuring adequate protection within the meaning of Article 25(1) of Directive 95/46/EC;
4. ‘the subprocessor’ means any processor engaged by the data importer or by any other subprocessor of the data importer who agrees to receive from the data importer or from any other subprocessor of the data importer personal data exclusively intended for processing activities to be carried out on behalf of the data exporter after the transfer in accordance with his instructions, the terms of the Clauses and the terms of the written subcontract;
5. ‘the applicable data protection law’ means the legislation protecting the fundamental rights and freedoms of individuals and, in particular, their right to privacy with respect to the processing of personal data applicable to a data controller in the Member State in which the data exporter is established;
6. ‘technical and organisational security measures’ means those measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.

Details of the transfer

Third-party beneficiary clause

1. The data subject can enforce against the data exporter this Clause, Clause 4(b) to (i), Clause 5(a) to (e), and (g) to (j), Clause 6(1) and (2), Clause 7, Clause 8(2), and Clauses 9 to 12 as third-party beneficiary.
2. The data subject can enforce against the data importer this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where the data exporter has factually disappeared or has ceased to exist in law unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law, as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity.
3. The data subject can enforce against the subprocessor this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity. Such third-party liability of the subprocessor shall be limited to its own processing operations under the Clauses.
4. The parties do not object to a data subject being represented by an association or other body if the data subject so expressly wishes and if permitted by national law.

Obligations of the data exporter

The data exporter agrees and warrants:

1. that the processing, including the transfer itself, of the personal data has been and will continue to be carried out in accordance with the relevant provisions of the applicable data protection law (and, where applicable, has been notified to the relevant authorities of the Member State where the data exporter is established) and does not violate the relevant provisions of that State;
2. that it has instructed and throughout the duration of the personal data processing services will instruct the data importer to process the personal data transferred only on the data exporter’s behalf and in accordance with the applicable data protection law and the Clauses;
3. that the data importer will provide sufficient guarantees in respect of the technical and organisational security measures specified in Appendix 2 to this contract;
4. that after assessment of the requirements of the applicable data protection law, the security measures are appropriate to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing, and that these measures ensure a level of security appropriate to the risks presented by the processing and the nature of the data to be protected having regard to the state of the art and the cost of their implementation;
5. that it will ensure compliance with the security measures;
6. that, if the transfer involves special categories of data, the data subject has been informed or will be informed before, or as soon as possible after, the transfer that its data could be transmitted to a third country not providing adequate protection within the meaning of Directive 95/46/EC;
7. to forward any notification received from the data importer or any subprocessor pursuant to Clause 5(b) and Clause 8(3) to the data protection supervisory authority if the data exporter decides to continue the transfer or to lift the suspension;
8. to make available to the data subjects upon request a copy of the Clauses, with the exception of Appendix 2, and a summary description of the security measures, as well as a copy of any contract for subprocessing services which has to be made in accordance with the Clauses, unless the Clauses or the contract contain commercial information, in which case it may remove such commercial information;
9. that, in the event of subprocessing, the processing activity is carried out in accordance with Clause 11 by a subprocessor providing at least the same level of protection for the personal data and the rights of data subject as the data importer under the Clauses; and
10. that it will ensure compliance with Clause 4(a) to (i).

Obligations of the data importer

1. to process the personal data only on behalf of the data exporter and in compliance with its instructions and the Clauses; if it cannot provide such compliance for whatever reasons, it agrees to inform promptly the data exporter of its inability to comply, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;
2. that it has no reason to believe that the legislation applicable to it prevents it from fulfilling the instructions received from the data exporter and its obligations under the contract and that in the event of a change in this legislation which is likely to have a substantial adverse effect on the warranties and obligations provided by the Clauses, it will promptly notify the change to the data exporter as soon as it is aware, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;
3. that it has implemented the technical and organisational security measures specified in Appendix 2 before processing the personal data transferred;
4. that it will promptly notify the data exporter about:
   (i) any legally binding request for disclosure of the personal data by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation,
   (ii) any accidental or unauthorised access, and
   (iii) any request received directly from the data subjects without responding to that request, unless it has been otherwise authorised to do so;
5. to deal promptly and properly with all inquiries from the data exporter relating to its processing of the personal data subject to the transfer and to abide by the advice of the supervisory authority with regard to the processing of the data transferred;
6. at the request of the data exporter to submit its data processing facilities for audit of the processing activities covered by the Clauses which shall be carried out by the data exporter or an inspection body composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality, selected by the data exporter, where applicable, in agreement with the supervisory authority;
7. to make available to the data subject upon request a copy of the Clauses, or any existing contract for subprocessing, unless the Clauses or contract contain commercial information, in which case it may remove such commercial information, with the exception of Appendix 2 which shall be replaced by a summary description of the security measures in those cases where the data subject is unable to obtain a copy from the data exporter;
8. that, in the event of subprocessing, it has previously informed the data exporter and obtained its prior written consent;
   (i) that the processing services by the subprocessor will be carried out in accordance with Clause 11;
   (j) to send promptly a copy of any subprocessor agreement it concludes under the Clauses to the data exporter.

Liability

1. The parties agree that any data subject, who has suffered damage as a result of any breach of the obligations referred to in Clause 3 or in Clause 11 by any party or subprocessor is entitled to receive compensation from the data exporter for the damage suffered.
2. If a data subject is not able to bring a claim for compensation in accordance with paragraph 1 against the data exporter, arising out of a breach by the data importer or his subprocessor of any of their obligations referred to in Clause 3 or in Clause 11, because the data exporter has factually disappeared or ceased to exist in law or has become insolvent, the data importer agrees that the data subject may issue a claim against the data importer as if it were the data exporter, unless any successor entity has assumed the entire legal obligations of the data exporter by contract of by operation of law, in which case the data subject can enforce its rights against such entity.
3. If a data subject is not able to bring a claim against the data exporter or the data importer referred to in paragraphs 1 and 2, arising out of a breach by the subprocessor of any of their obligations referred to in Clause 3 or in Clause 11 because both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, the subprocessor agrees that the data subject may issue a claim against the data subprocessor with regard to its own processing operations under the Clauses as if it were the data exporter or the data importer, unless any successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law, in which case the data subject can enforce its rights against such entity. The liability of the subprocessor shall be limited to its own processing operations under the Clauses.

The data importer may not rely on a breach by a subprocessor of its obligations in order to avoid its own liabilities.

Mediation and jurisdiction

1. The data importer agrees that if the data subject invokes against it third-party beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject:
   (a) to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory authority;
   (b) to refer the dispute to the courts in the Member State in which the data exporter is established.
2. The parties agree that the choice made by the data subject will not prejudice its substantive or procedural rights to seek remedies in accordance with other provisions of national or international law.

Cooperation with supervisory authorities

1. The data exporter agrees to deposit a copy of this contract with the supervisory authority if it so requests or if such deposit is required under the applicable data protection law.
2. The parties agree that the supervisory authority has the right to conduct an audit of the data importer, and of any subprocessor, which has the same scope and is subject to the same conditions as would apply to an audit of the data exporter under the applicable data protection law.
3. The data importer shall promptly inform the data exporter about the existence of legislation applicable to it or any subprocessor preventing the conduct of an audit of the data importer, or any subprocessor, pursuant to paragraph 2. In such a case the data exporter shall be entitled to take the measures foreseen in Clause 5 (b).

Governing Law

Variation of the contract

The parties undertake not to vary or modify the Clauses. This does not preclude the parties from adding clauses on business related issues where required as long as they do not contradict the Clause.

Subprocessing

1. The data importer shall not subcontract any of its processing operations performed on behalf of the data exporter under the Clauses without the prior written consent of the data exporter. Where the data importer subcontracts its obligations under the Clauses, with the consent of the data exporter, it shall do so only by way of a written agreement with the subprocessor which imposes the same obligations on the subprocessor as are imposed on the data importer under the Clauses. Where the subprocessor fails to fulfil its data protection obligations under such written agreement the data importer shall remain fully liable to the data exporter for the performance of the subprocessor’s obligations under such agreement.
2. The prior written contract between the data importer and the subprocessor shall also provide for a third-party beneficiary clause as laid down in Clause 3 for cases where the data subject is not able to bring the claim for compensation referred to in paragraph 1 of Clause 6 against the data exporter or the data importer because they have factually disappeared or have ceased to exist in law or have become insolvent and no successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law. Such third-party liability of the subprocessor shall be limited to its own processing operations under the Clauses.
3. The provisions relating to data protection aspects for subprocessing of the contract referred to in paragraph 1 shall be governed by the law of the Member State in which the data exporter is established.
4. The data exporter shall keep a list of subprocessing agreements concluded under the Clauses and notified by the data importer pursuant to Clause 5 (j), which shall be updated at least once a year. The list shall be available to the data exporter’s data protection supervisory authority.

Obligation after the termination of personal data processing services

1. The parties agree that on the termination of the provision of data processing services, the data importer and the subprocessor shall, at the choice of the data exporter, return all the personal data transferred and the copies thereof to the data exporter or shall destroy all the personal data and certify to the data exporter that it has done so, unless legislation imposed upon the data importer prevents it from returning or destroying all or part of the personal data transferred. In that case, the data importer warrants that it will guarantee the confidentiality of the personal data transferred and will not actively process the personal data transferred anymore.
2. The data importer and the subprocessor warrant that upon request of the data exporter and/or of the supervisory authority, it will submit its data processing facilities for an audit of the measures referred to in paragraph 1.

This Addendum (“Addendum”) forms part of the Conditions general terms of use and subscription to the platform Burohelp, and of any superseding written Master Service Agreement, entered by and between you, the Customer (as defined in the Agreement) (“Customer”), and AREIA SAS. (“Burohelp”; and collectively – the “Agreement”).

This Addendum reflects the parties’ desire and intent to modify and amend the Agreement, in accordance with the terms and conditions hereinafter set forth, regarding the processing of Customer Personal Information (as defined below) by Burohelp on behalf of the Customer.

Capitalized terms not defined herein shall have the meanings assigned to such terms in the Agreement.

You represent and warrant that you have full authority to bind the Customer to this Addendum. If you cannot, or do not agree to, comply with and be bound by this Addendum, or do not have authority to bind the Customer or any other entity, please do not provide any Customer Personal Information to us.

If you need a signed copy of this Addendum, you can send a request to privacy@burohelp.com and we’ll provide you a countersigned copy.

1. “CCPA” means the California Consumer Privacy Act of 2018, Cal. Civ. Code §1798.100 et. seq., and its implementing regulations.
2. “Customer Personal Information” means any Customer Data maintained by Customer and processed by Burohelp solely on Customer’s behalf, that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, to the extent that such information is protected as “personal information” (or an analogous variation of such term) under applicable U.S. Data Protection Laws.
3. “U.S. Data Protection Laws” means all laws and regulations of the United States of America, including the CCPA, applicable to the processing of personal information (or an analogous variation of such term).
4. “Service Provider” has the meaning set forth in Section 1798.140(v) of the CCPA.

2.1. Roles. The parties acknowledge and agree that with regard to the processing of Customer Personal Information performed solely on behalf of Customer, Burohelp is a Service Provider and receives Customer Personal Information pursuant to the business purpose of providing the Services to Customer in accordance with the Agreement.

2.2. No Sale of Customer Personal Information to Burohelp. Customer and Burohelp hereby acknowledge and agree that in no event shall the transfer of Customer Personal Information from Customer to Burohelp pursuant to the Agreement constitute a sale of information to Burohelp, and that nothing in the Agreement shall be construed as providing for the sale of Customer Personal Information to Burohelp.

2.3. imitations on Use and Disclosure. Burohelp is prohibited from using or disclosing Customer Personal Information for any purpose other than the specific purpose of performing the Services specified in the Agreement, the permitted business purposes set under applicable law, and as required under applicable law. Burohelp hereby certifies that it understands the foregoing restriction and will comply with it in accordance with the requirements of applicable U.S. Data Protection Laws.

2.4. Data Subject Access Requests. Burohelp will reasonably assist Customer with any data subject access, erasure or opt-out requests and objections. If Burohelp receives any request from data subjects, authorities, or others relating to its data processing, Burohelp will without undue delay inform Customer and reasonably assist Customer with developing a response (but Burohelp will not itself respond other than to confirm receipt of the request, to inform the data subject, authority or other third party that their request has been forwarded to Customer, and/or to refer them to Customer, except per reasonable instructions from Customer). Burohelp will also reasonably assist Customer with the resolution of any request or inquiries that Customer receives from data protection authorities relating to Burohelp, unless Burohelp elects to object such requests directly with such authorities.

2.5. Effect of this Addendum. In the event of any conflict or inconsistency between the terms of this Addendum and the terms of the Agreement with respect to the subject matter hereof and solely where U.S. Data Protection Laws apply, the terms of this Addendum