CCPA

3.1 To the extent that GetResponse receives from you any personal information (as defined by the California Consumer Protection Act of 2018 (the “CCPA”), for the sake of this section defined as the “Personal Information”) of any “consumer” (in the meaning assigned thereto by the CCPA) for processing, GetResponse and you acknowledge that we shall serve as a Service provider in the meaning of the CCPA, and as such, we shall not:

a. retain, use or disclose the Personal Information for any purpose other than for the specific purpose of performing the Service under the Agreement or as otherwise permitted by the CCPA, including for any “business purpose”, as defined by the CCPA;

b. retain, use or disclose the Personal Information for any “commercial purpose” (as defined by the CCPA), other than providing the Service under the Agreement or as otherwise permitted by the CCPA;

c. “sell” (as defined by the CCPA) the Personal Information.

3.2 The role of GetResponse shall be limited to providing you with the Service tools to be used for the purpose of Personal Information processing. We do not have any impact on the scope of the Personal Information you process in the Service; and except for specifying the minimum scope of the Personal Information required for the proper use of the Service, GetResponse does not determine the purposes and means of processing, does not monitor the scope of these data or the lawfulness of the basis for its processing, nor does it check if you processes them correctly.

3.3 You agree that in the event that we receive a request from one of your Contacts, who wants to exercise his/her rights under the CCPA, we shall inform such a Contact that GetResponse acts as a Service provider, and further GetResponse shall direct such Contact to you being the entity that determines the purposes and means of the processing of the Personal Information.

3.4 While it is your responsibility to satisfy the requests of consumers, and to prepare replies thereto, we, to the best of our abilities and to a reasonable extent, shall reasonably support you, in fulfilling your obligations, in particular through the application of appropriate technical and organizational measures necessary for you to support the exercise of the consumers’ rights under the CCPA.