This CCPA Data Processing Addendum (the “Addendum”) reflects the requirements of the California Consumer
Privacy Act of 2018 and its implementing regulations, as amended or superseded from time to time
(California Civil Code §§ 1798.100 to 1798.199) (the “CCPA”). This Addendum makes clear that Infinix Tech is acting as a Service Provider for CCPA purposes.
This Addendum is an addendum to the Customer Terms of Service (“Agreement”) and its incorporated Customer
Data Processing Agreement (the “DPA”) between Infinix Tech(“Infinix Tech”) and the
Customer (each a “Party”; collectively the “Parties”) and is in effect for so long as Infinix Tech
maintains Personal Information (as defined in and to the extent protected by the CCPA) provided by
Customer or which is collected on behalf of Customer by Infinix Tech (here in after, the “Personal
Information”). This Addendum shall only apply and bind the Parties if and to the extent Customer is a
Business under the CCPA. This Addendum prevails over any conflicting terms of the Agreement or DPA, but
does not otherwise modify the Agreement or DPA. All capitalized terms not defined in this Addendum shall
have the meanings set forth in the CCPA. Customer enters into this Addendum on behalf of itself and, to
the extent required under the CCPA, in the name and on behalf of its Authorized Affiliates (defined
below).
The parties agree as follows:
The TLDR for California residents is:
1.1. “Affiliate” means an entity that directly or indirectly Controls, is Controlled by or is under
common Control with an entity.
1.2. “Authorized Affiliate” means any of Customers’ Affiliate(s) permitted to or otherwise receiving the
benefit of the Services pursuant to the Agreement.2. Scope and Applicability of this Addendum.
2.1. This Addendum applies to the collection, retention, use, and disclosure of the Personal Information
to provide Services to Customer pursuant to the Agreement or to perform a Business Purpose.
2.2. Customer is a Business and appoints Infinix Tech as a Service Provider to process the
Personal Information on behalf of Customer. Customer is responsible for compliance with the requirements
of the CCPA applicable to Businesses.
2.3. Infinix Tech collection, retention, use, or disclosure of Personal Information for its own
purposes independent of providing the Services specified in the Agreement are outside the scope of this
Addendum.
3.1. Infinix Tech is prohibited from retaining, using, or disclosing the Personal Information for
any purpose other than for the specific purpose of performing the Services specified in the Agreement for
Customer, as set out in this Addendum, or as otherwise permitted by the CCPA.
3.2. Infinix Tech shall not further collect, sell, or use the Personal Information except as
necessary to perform the Business Purpose. For the avoidance of doubt, Infinix Tech shall not use
the Personal Information for the purpose of providing services to another person or entity, except that
Infinix Tech may combine Personal Information received from one or more entities to which it
provides similar services to the extent necessary to detect data security incidents, or protect against
fraudulent or illegal activity.
4.1. Customer represents and warrants that it has provided notice that the Personal Information is being used or shared consistent with Cal. Civ. Code 1798.140(t)(2)(C)(i).
5.1. Infinix Tech shall provide reasonable assistance to Customer in facilitating compliance with
Consumer rights requests.
5.2. Upon direction by Customer and within a commercially reasonable amount of time, Infinix Tech shall
delete the Personal Information.
5.2.1 Infinix Tech shall not be required to delete any of the Personal Information to comply with
a Consumer’s request directed by Customer if it is necessary to maintain such information in accordance
with Cal. Civ. Code 1798.105(d), in which case Infinix Tech shall promptly inform Customer of the
exceptions relied upon under 1798.105(d) and Infinix Tech shall not use the Personal Information
retained for any other purpose than provided for by that exception.
6.1. 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; (iv) will make no attempt to reidentify the information.
7.1. In the event that either Party transfers to a Third Party the Personal Information of a Consumer as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the Third Party assumes control of all or part of such Party to the Agreement, that information shall be used or shared consistently with applicable law. If a Third Party materially alters how it uses or shares the Personal Information of a Consumer in a manner that is materially inconsistent with the promises made at the time of collection, it shall provide prior notice of the new or changed practice to the Consumer in accordance with applicable law.
8.1. Notwithstanding any provision to the contrary of the Agreement, the DPA or this Addendum, Infinix Tech may cooperate with law enforcement agencies concerning conduct or activity that it reasonably and in good faith believes may violate international, federal, state, or local law.
9.1. The Parties acknowledge and agree that the exchange of Personal Information between the Parties does not form part of any monetary or other valuable consideration exchanged between the Parties with respect to the Agreement, the DPA or this Addendum.
