California Consumer Privacy Act Addendum (CCPA Policy)

Last updated September 3, 2021

Pursuant to the terms that govern all orders for podcast attribution services between In Defense of Growth (d/b/a “Podsights”) and Customer (the “Agreement”), and in furtherance of obligations under the California Consumer Privacy Act of 2018 (California Civil Code §§ 1798.100 to 1798.199) and the rules and regulations promulgated thereunder, as amended or superseded from time to time (the “CCPA”), Customer and Podsights (each a “Party”; collectively, the “Parties”) hereby adopt this CCPA Addendum (“Addendum”) for so long as Podsights maintains Personal Information provided by or on behalf of Customer. This Addendum is effective as of the later of January 1, 2020 and the date that the Agreement is fully executed.

1. Capitalized Terms.

The capitalized terms used in this Addendum and not otherwise defined in this Addendum shall have the definitions set forth in the CCPA. This Addendum applies to the collection, retention, use, disclosure, and sale of Personal Information provided by or on behalf of Customer (the “Personal Information”) to provide Services to Customer pursuant to the Agreement or to perform a Business Purpose.

2. Roles of the Parties

With respect to processing of Personal Information, Podsights acts as a Service Provider and Customer acts as a Business. For the avoidance of doubt, Podsights is responsible for performing the Services to Customer as set forth in the Agreement, in particular, podcast advertising and attribution services.

3. Additional Representations and Warranties

In addition to any representations and warranties in the Agreement, Podsights represents and warrants that it shall not retain, use, disclose or otherwise sell Personal Information for any purpose other than for performing the services specified in the Agreement, this Addendum, or as otherwise permitted by the CCPA. Podsights understands the restrictions contained in Section 1798.140(w)(2)(A) and will comply with these restrictions, as supplemented by the regulations promulgated by the California Attorney General. Podsights will not further collect, sell, or use the Personal Information except as necessary to perform the Business Purpose. For the avoidance of doubt, Podsights shall not use the Personal Information for the purpose of providing services, except that Podsights may aggregate the Personal Information received from one or more entities to provide industry-wide information only using Deidentified and aggregated data. 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).

4. Reasonable Assistance

Podsights shall provide reasonable assistance to Customer in facilitating compliance with Consumer rights requests. Podsights 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 Podsights will promptly inform Customer of the exceptions relied upon and Podsights shall not use the Personal Information retained for any other purpose than provided for by that exception.

5. Deidentified Information

In the event that either Party shares Deidentified Information with the other Party, the receiving Party warrants that it: (i) has implemented business processes that specifically prohibit re-identification of the information; (ii) has implemented business processes to prevent inadvertent release of Deidentified Information; and (iii) will make no attempt to re-identify the information.

6. Corporate Transaction

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 Personal 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.

7. Law Enforcement Agencies

Notwithstanding any provision to the contrary of the Agreement or this Addendum, Podsights may cooperate with law enforcement agencies concerning conduct or activity that it reasonably and in good faith believes may violate federal, state, or local law.

8. Change of Law

If a change in applicable law, rule or regulation (“Law”) materially affects either Party’s ability to comply, or remain compliant, with such Law while providing or receiving Services, then the Parties will negotiate in good faith to modify the Agreement in a manner that enables such Party to comply with the Law.