Data Processing Agreement

1. Background

   • 1.1. This data processing addendum ("DPA") applies as set out in the section titled "Data Processing Agreement" in the Heymarket Customer Agreement (the "Terms").
   • 1.2.In the event of any conflict between this DPA and the Terms, the provisions of this DPA shall prevail.

2. Definitions

   • 2.1. Unless otherwise set out below, each capitalised term in this DPA shall have the meaning set out in the Terms and the following capitalised terms used in this DPA shall be defined as follows:

     "CCPA" means the California Consumer Privacy Act of 2018.

     "Data Protection Laws" means the EU General Data Protection Regulation 2016/679 of the European Parliament and of the Council ("GDPR"), the CCPA, and any national implementing or supplementary legislation; the UK Data Protection Act 2018; and any other applicable legislation protecting the fundamental rights and freedoms of persons and their right to privacy with regard to the Processing of User Personal Data;

     "European Economic Area" or "EEA" means the Member States of the European Union together with Iceland, Norway, and Liechtenstein;

     "Security Incident" means any accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, any User Personal Data;

     "Standard Contractual Clauses" means the Standard Contractual Clauses (processors) approved by the European Commission Decision C(2010)593 set out in the Schedule, or any subsequent version thereof released by the European Commission (which will automatically apply);

     "Subprocessor" means any Processor engaged by Company who agrees to receive from Company, as a Processor, User Personal Data; and

     "User Personal Data" means any personal data contained in the Customer Data, including:

     1. contact information relating to your customers; and
     2. any other personal data that the Company Processes on your behalf in connection with your use of and access to the Service.

   • 2.2. The terms "personal data", "Controller", "Processor", "Data Subject", "Process" and "Supervisory Authority" shall have the same meaning as set out in the GDPR, the CCPA, and any other applicable US privacy laws.

3. Data Processing

   • 3.1. The Company will only Process User Personal Data in accordance with:

     1. the Terms, to the extent necessary to provide the Service to you; and
     2. your written instructions,

     unless Processing is required by European Union or Member State law to which the Company is subject, in which case the Company shall, to the extent permitted by applicable law, inform you of that legal requirement before Processing that User Personal Data.

   • 3.2. Heymarket certifies that it understands the restrictions of this Section, that it shall only use the Personal Data to provide the Services in accordance with your instructions described in this Section and will not (a) “sell” or “share” (as defined in the CCPA) the Personal Data or (b) otherwise retain, use, or disclose the Personal Data for any purpose other than for the specific purpose of providing the Services under the Agreement.

   • 3.3. Heymarket shall not combine the Personal Data that Heymarket receives from, or on behalf of, Customer with (a) Personal Data that Heymarket receives from, or on behalf of, any entity other than Customer, or, (b) the Personal Data that Heymarket collects from its own interaction with the individuals, except to the extent such combination is required under the Agreement.

   • 3.4. Customer shall have the right, upon notice to Heymarket, to take reasonable and appropriate steps to stop and remediate the Heymarket’s unauthorized use of Personal Data, and Heymarket shall cooperate with Customer in taking such steps.

   • 3.5. Heymarket shall notify Customer within 5 days if Heymarket determines that it cannot meet its obligations under the CCPA.

   • 3.6. The Terms and this DPA shall be your complete and final instructions to the Company in relation to the Processing of User Personal Data.

   • 3.7. Processing outside the scope of this DPA or the Terms will require prior written agreement between you and the Company on additional instructions for Processing.

   • 3.8. You shall provide all applicable notices to Data Subjects required under applicable Data Protection Laws for the lawful Processing of User Personal Data by the Company in accordance with the Terms.

   • 3.9. You will obtain any consents required under applicable Data Protection Laws for the lawful Processing of User Personal Data by the Company in accordance with the Terms.

4. Subprocessors

   • 4.1. You agree that the Company may use Subprocessors to Process User Personal Data, provided it enters into a written agreement with the Subprocessor which imposes the same obligations on the Subprocessor with regard to their Processing of User Personal Data as are imposed on the Company under this DPA.

   • 4.2. The Company shall provide you with 15 days' notice of any proposed changes to the Subprocessors it uses to Process User Personal Data (including any addition or replacement of any Subprocessors). If you (acting reasonably) do not approve of a new Subprocessor, then without prejudice to any right to terminate your use of the Service, you may request that the Company moves the User Personal Data to another Subprocessor and the Company shall, within a reasonable time following receipt of such request, use all reasonable endeavours to ensure that the Subprocessor does not Process any of the User Personal Data.

   • 4.3. The Company shall at all times remain responsible for compliance with its obligations under the DPA and will be liable to you for the acts and omissions of any Subprocessor as if they were the acts and omissions of the Company.

5. International Transfers and Privacy Shield

   • 5.1. To the extent that you are established in the EEA, the Standard Contractual Clauses shall apply to the transfer of User Personal Data from you to the Company.

   • 5.2. To the extent that you are registered for, and your Processing of User Personal Data is subject to, the EU-U.S. Privacy Shield, the Company undertakes to use User Personal Data in a manner consistent with the principles set out in Annex II to Commission Implementing Decision (EU) 2016/1250.

6. Data Security, Audits and Security Notifications

   • 6.1. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing, as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the Company shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including the measures set out in Annex B to the Schedule and (as appropriate) any other measures listed in Article 32(1) of the GDPR.

   • 6.2. You may, upon reasonable notice and at reasonable times, audit (either by yourself or using independent third party auditors) the Company's compliance with the security measures set out in this DPA (including the technical and organisational measures as set out in Annex B to the Schedule), including by conducting audits of the Company's and Subprocessor's data processing facilities. The Company shall assist with, and contribute to any audits conducted in accordance with this paragraph 6.2, provided that such audits are not carried out more than once a year.

   • 6.3. You agree that you shall reimburse the Company any costs incurred by the Company in arranging for any physical audits of the Company's data processing facilities or any audits of the Company's Subprocessors.

   • 6.4. Upon request, the Company shall make available all information reasonably necessary to demonstrate compliance with this DPA.

   • 6.5. Where required under Article 28(3)(h) of the GDPR, the Company shall immediately notify you in the event that the Company believes your instructions conflict with the requirements of the GDPR or other EU or Member State laws.

   • 6.6. If the Company or any Subprocessor becomes aware of a Security Incident, the Company will (a) notify you of the Security Incident promptly, (b) investigate the Security Incident and provide such reasonable assistance to you (and any law enforcement or regulatory official) as required to investigate the Security Incident, and (c) take steps to remedy any non-compliance with this DPA.

   • 6.7. The Company shall treat the User Personal Data as your Confidential Information, and shall ensure that any employees or other personnel that have access to the User Personal Data have agreed in writing to protect the confidentiality and security of the User Personal Data and do not Process such User Personal Data other than in accordance with this DPA.

7. Access Requests and Data Subject Rights

   • 7.1. Save as required (or where prohibited) under applicable law, the Company shall notify you of any request received by the Company from a Data Subject, whether directly or through a Subprocessor, in respect of their personal data included in the User Personal Data, and shall not respond to the Data Subject.

   • 7.2. The Company shall, taking into account the nature of the Processing, provide you with the ability to correct, delete, block, access or copy the User Personal Data in accordance with the functionality of the Service.

   • 7.3. The Company shall notify you of any request for the disclosure of User Personal Data by a governmental or regulatory body or law enforcement authority (including any data protection supervisory authority) unless otherwise prohibited by law or a legally binding order of such body or agency.

8. Assistance

   • 8.1. Where applicable, taking into account the nature of the Processing, and to the extent required under applicable Data Protection Laws, the Company shall:

     1. use all reasonable endeavours to assist you by implementing appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of your obligation to respond to requests for exercising Data Subject rights laid down in the GDPR; and
     2. provide reasonable assistance to you with any data protection impact assessments and with any prior consultations to your Supervisory Authority, in each case solely in relation to Processing of User Personal Data and taking into account the information available to the Company.

9. Duration and Termination

   • 9.1. Subject to paragraphs (a) and (b) below, the Company shall, within fourteen (14) days of the date of termination of your use of the Service:

     1. if you requested to do so, return a complete copy of all User Personal Data by secure file transfer in such a format as notified by you to the Company; and
     2. delete and use all reasonable efforts to procure the deletion of all other copies of User Personal Data Processed by the Company or any Subprocessors

   • 9.2. The Company and its Subprocessors may retain User Personal Data to the extent required by applicable law, or as the Company may deem necessary to prosecute or defend any legal claim, provided that such User Personal Data is retained only to the extent and for such period as required by applicable laws or pending resolution of any issue, and always provided that the Company shall ensure the confidentiality of all such User Personal Data.

SCHEDULE

Standard Contractual Clauses (Processors)

For the purposes of this Schedule, references to the "data exporter" and "data importer" shall be to you and to the Company respectively (each a "party"; together "the parties").

Clause 1

Definitions

For the purposes of the Clauses:

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.

Clause 2

Details of the transfer

The details of the transfer and in particular the special categories of personal data where applicable are specified in Annex A which forms an integral part of the Clauses.

Clause 3

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.

Clause 4

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 Annex B 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 Annex B, 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).

Clause 5

Obligations of the data importer

The data importer agrees and warrants:

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 Annex B before processing the personal data transferred;
4. that it will promptly notify the data exporter about:
   1. 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,
   2. any accidental or unauthorised access, and
   3. 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 Annex B 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;
9. that the processing services by the subprocessor will be carried out in accordance with Clause 11;
10. to send promptly a copy of any subprocessor agreement it concludes under the Clauses to the data exporter.

Clause 6

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

Clause 7

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:

   1. to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory authority;
   2. 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.

Clause 8

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).

Clause 9

Governing Law

The Clauses shall be governed by the law of the Member State in which the data exporter is established.

Clause 10

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.

Clause 11

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.

Clause 12

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.

Annex A

Details of the transfer forming part of the standard contractual clauses

Data exporter

The data exporter is you

Data importer

The data importer is the Company

Data subjects

The personal data transferred concern your customers.

Categories of data

The personal data transferred concerns the [contact details of your customers]

Processing operations

The personal data transferred will be subject to the following basic processing activities: transmitting, collecting, storing and analysing data in connection with the provision of the Service as further described in the Terms.

Annex B

Technical and Organisational Security Measures

1. The Company maintains internal policies and procedures, or procures that its Subprocessors do so, which are designed to:
   1. secure any personal data processed by the Company against accidental or unlawful loss, access or disclosure;
   2. identify reasonably foreseeable and internal risks to security and unauthorised access to the personal data processed by the Company;
   3. minimise security risks, including through risk assessment and regular testing.
2. The Company will, and will use reasonable efforts to procure that its Subprocessors conduct periodic reviews of the security of their network and the adequacy of their information security program as measured against industry security standards and its policies and procedures.
3. The Company will, and will use reasonable efforts to procure that its Subprocessors periodically evaluate the security of their network and associated services to determine whether additional or different security measures are required to respond to new security risks or findings generated by the periodic reviews.

CCPA/CPRA FAQs

The California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively, the “CCPA”), governs how businesses handle the personal information of California residents. At Heymarket, we are committed to our customers’ success, including their compliance efforts with respect to the CCPA. We’re here to assist customers by providing privacy and security protections through the Heymarket platform.

Heymarket views the CCPA as yet another opportunity for Heymarket to strengthen our long-standing commitment to data protection principles and practices.

What is the CCPA?

The CCPA requires companies that handle the personal information of California residents to inform residents of the companies’ privacy practices and to offer residents the ability to:

• Access the information that companies maintain about the individuals;
• Delete or correct that information in certain circumstances; and
• Direct companies not to share individuals’ information with third parties, or allow third parties to access that information, for those parties’ own purposes.

Who must comply with the CCPA?

Most of the CCPA’s requirements apply to “businesses” – companies that collect (or direct the collection of) consumers’ personal information and determine the purposes for which the information is collected, used and disclosed.

The law also imposes limited requirements on “service providers” – companies that process consumer personal information on behalf of a business, and to which a business discloses such information for a business purpose and pursuant to a written contract. The CCPA requires service providers to process personal information only as necessary to provide their services, as these services are defined by their business customers – i.e., the “businesses” – within the contract.

The CCPA applies to any “business” that:

• Handles California residents’ personal information;
• Is “doing business” in California, and
• Meets any one of these three thresholds:
• Has an annual gross revenues of $25 million;
  • Obtains personal information from 100,000 or more California residents, households, or devices annually; or
  • Derives 50 percent or more of the company’s annual revenue from “selling” or “sharing” (i.e., sharing or giving access to the information to third parties for those parties’ own purposes) California residents’ personal information.

What data is “personal information” under the CCPA?

The CCPA defines personal information broadly to include information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

In practice, this broad definition means that information such as contact information, transaction data, IP address, mobile device identifiers, and ordering details may be within scope of the CCPA’s definition of personal information, and subject to the law’s requirements.

How does Heymarket address CCPA requirements?

Heymarket is a “service provider” under the CCPA because we process personal information only on behalf of our customers, pursuant to a written contract, and only to provide our services to our customers, pursuant to such written contract.

What is Heymarket doing to help customers respond to CCPA requests to access or delete personal information?

Below is information on the steps that Heymarket will take to help customers comply with the CCPA, including instructions on how to send your end users’ CCPA requests to Heymarket so that we may help customers respond. Specifically, with respect to CCPA requests for which our customers require Heymarket’s assistance:

• We will provide our customers with the personal information we maintain about the customers’ respective end users in response to access requests. Heymarket will provide such information to our customer within 15 business days of Heymarket’s receipt from the customer of the CCPA request and the email address of the requesting end user.
• We will delete and/or anonymize personal information we maintain about a customers’ end users in response to deletion requests except to the extent we are required or permitted to maintain the information by applicable law, including the CCPA. For example, we may need to keep personal information for fraud detection, security purposes or as it relates to chargeback inquiries. Heymarket will delete such information, subject to the exceptions provided above, within 15 business days of Heymarket’s receipt from the customer of the CCPA request and the email address of the requesting end user and provide a confirmation of the same back to the customer.
• Please note that customers may not use Heymarket’s platform to provide end user information to any third party in a manner which may constitute a sale under the CCPA.

As an Heymarket customer, what do I need to provide to Heymarket in connection with CCPA?

• You will be responsible for identifying and responding to requests from your end users in compliance with CCPA. As described above, Heymarket will provide you with end user information for access requests and delete/anonymize end user information in response to deletion requests except as otherwise required by applicable law or permitted by the CCPA.
• You will be responsible for verifying the identity of an end user submitting a CCPA request and for evaluating the scope and legality of CCPA requests.
• Since Heymarket has limited visibility into your other systems, you are responsible for notifying your other service providers or other third party providers of any CCPA requests even if those service providers are receiving your end users’ data from Heymarket.

Questions

If you or anyone in your organization has questions about the CCPA, or any of Heymarket’s security and privacy practices, please do not hesitate to contact the Heymarket team at privacy@heymarket.com. Please note that these FAQs (including links and cross-references) are not legal advice and are provided for informational purposes only. For legal advice, you’ll need to consult with your organization’s legal team. Heymarket is not liable in any way with regard to the content of these