Privacy Annex for Marketino Services
This Privacy Annex (“Annex”) is an annex to the agreement which refers to this Annex as being applicable between the Parties (“Agreement”). If there are any conflicts or inconsistencies between (1) this Annex and the Agreement, the provisions of this Annex prevail, or (2) this Annex and the applicable Standard Contractual Clauses, the provisions of the applicable Standard Contractual Clauses apply to the extent a conflict exists. To the extent that Marketino acts as a Processor or Service Provider to you as a Controller or Business (or such analogous terms), in relation to Your Data, each of us agrees that we will comply with our obligations under applicable data protection law, including the CCPA, and the following terms apply.
1. Compliance with your instructions
Marketino may only process Personal Information in connection with its obligations and rights under the Agreement, or as otherwise instructed by you in writing or required by applicable law. The subject-matter, duration, nature and purpose of the processing, types of Personal Information and categories of individuals will be the same as for the relevant Services to which the processing relates and are set out in the Agreement. Marketino will not Sell or Share Personal Information. Marketino may de-identify, pseudonymize or aggregate Your Data for the purposes set forth in the Agreement.
2. Self-Certification
Marketino self-certifies that it understands the restrictions on its use, processing, disclosure and retention of any Personal Information provided by you or on your behalf, and that we process on your behalf.
3. Compliance Requests
Upon written request, and no more than once per twelve-month period, Marketino will provide you a copy of a self-certification confirming that Marketino complies with the applicable requirements of Section 1789.100(d)(3) of the CCPA. Such self-certification will be Marketino’s Confidential Information. The Parties acknowledge and agree that such self-certification, where applicable, will satisfy Section 1289.100(d)(3) of the CCPA.
4. Security
Marketino will implement commercially reasonable technical and organizational measures for the Services that are designed to protect Personal Information against accidental or unlawful destruction, loss, alteration, disclosure or access.
5. Assistance
Marketino will provide reasonable assistance to allow you, at your costs, to notify affected individuals and applicable regulatory authorities upon discovery of a data breach or security incident where compromise of Personal Information is confirmed, to support your compliance with obligations under the applicable data protection law.
6. Individual Requests
To the extent required by applicable law, Marketino will make timely notification to you of requests received directly from individuals in relation to the processing of their Personal Information. Marketino will acknowledge receipt of such request and implement commercially reasonable processes in accordance with applicable data protection laws to verify the identity and nature of the request. Marketino may refer such request and individual to you directly, and provide you with reasonable assistance in meeting the request in a timely manner. Should Marketino determine it is unable to comply with such request, it will notify the verified requestor, or you that it is unable to provide a response, and the reason(s) for not responding to part or all of the subject request.
You are solely responsible for complying with the obligations of a controller or business under applicable data protection laws, including as applicable providing any necessary notices to, and obtaining any necessary consents from, individuals with respect to the processing of Personal Information pursuant to the Agreement and this Annex.
7. Sub-Processors
You agree that Marketino may use Sub-Processors to assist Marketino in processing Personal Information for the performance of the Services, provided that:
7.1 Marketino imposes no less stringent duties on such Sub-Processors regarding privacy, security and confidentiality of Personal Information as those set out in this Annex;
7.2 Marketino remains responsible to you for the performance of the relevant Services by the Sub-Processor.
8. International Transfers
Data will not be transferred outside of the United States of America.
9. Key definitions
Unless otherwise defined below, capitalized terms have the meaning set out in the Agreement or the Privacy Policy.
9.1 “Business” and “Service Provider” have the meaning set out in the CCPA.
9.2 “CCPA” means the California Consumer Privacy Act.
9.3 “Parties” means Company and Marketino.
9.4 “Personal Information” means data that relates to or about an identified or identifiable natural person or, where applicable, household as defined under relevant law, which is provided by you or on your behalf, and that we process on your behalf, pursuant to the Agreement. This may include information such as name, postal address, telephone number, email address, or unique online identifiers.
9.5 “Restricted Transfer” means a transfer of Your Data by or to Marketino or a Sub-Processor, in each case, where such transfer would be prohibited by applicable data protection laws in the absence of the applicable Standard Contractual Clauses.
9.6 “Sell” and Share” have the meaning set out in the CCPA.
9.7 “Sub-Processors” means third party organizations that Marketino engages for the Processing of the Personal Information and which do not act under Marketino’s direct authority.
10. Full Force and Effect
All other terms and conditions in the Agreement shall remain in full force and effect.
11. Changes
Marketino may make changes to this Annex from time to time as necessary to reflect changes in our business or legal and regulatory requirements. Changes we make will become effective when we publish a modified version of the Annex on our Websites. If you continue using the Services after any changes, such changes will be deemed accepted.
Last Updated: February 1, 2025
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