CCPA Service Provider Addendum to Google Ads Controller-Controller Data Protection Terms

Google and the Customer have entered into the Google Ads Controller-Controller Data Protection Terms (the “Controller Terms”), which supplement the Agreement. This Service Provider Addendum to the Controller Terms (this “Addendum”) is entered into by Google and the Customer and also supplements the Agreement. This Addendum will be effective as of the later of January 1, 2020 or the date on which Customer clicked to accept or the parties otherwise agreed to this Addendum. This Addendum reflects the parties’ agreement on the processing of Customer Personal Information in connection with the California Consumer Privacy Act of 2018 (“CCPA”).

Google may offer and Customer may enable certain in-product settings, configurations or other functionality for the Controller Services relating to restricted data processing, as described in supporting documentation available at privacy.google.com/businesses/rdp, as updated from time to time (“Restricted Data Processing”). Subject to the terms of this Addendum and solely with respect to Customer Personal Information processed while Restricted Data Processing is enabled (excluding any sending or disclosure of Customer Personal Information to third parties enabled by Customer in its use of the Controller Services), Google will act as Customer’s service provider, and as such, will not retain, use or disclose Customer Personal Information, other than (a) for a business purpose under the CCPA on behalf of Customer and the specific purpose of performing the Controller Services, as further described in supporting documentation available at privacy.google.com/businesses/rdp, as updated from time to time, or as otherwise permitted under the CCPA or (b) as may otherwise be permitted for service providers or under a comparable exemption from “sale” in the CCPA, as reasonably determined by Google.

The provisions of this Addendum are effective solely to the extent the CCPA applies. Customer is solely liable for its compliance with the CCPA in its use of Google services, including Restricted Data Processing. In addition to Section 9 of the Controller Terms, in the event of changes to the CCPA or issuance of applicable regulation, court order or governmental guidance relating to the CCPA, Google may change this Addendum, if such change does not have a material adverse impact on Customer, as reasonably determined by Google, with respect to exemptions from “sales” under the CCPA. The terms “business purpose”, “personal information”, “sale” and “service provider” as used in this Addendum have the meanings given in the CCPA. “Customer Personal Information” means personal information that is processed by Google on behalf of Customer in Google’s provision of the Controller Services. Capitalized terms used but not defined in this Addendum will have the meanings set out in the Controller Terms. If there is any conflict or inconsistency between the terms of this Addendum and the remainder of the Agreement (including the Controller Terms), the terms of this Addendum will govern.

1 January 2020