This Data Processing Addendum (the “Addendum”) is executed by and between GoDaddy Payments, LLC (“GoDaddy”, “we”, and “us”) and you (“Customer”) and is annexed to and supplements our GoDaddy Commerce Services Agreement (collectively, the “Terms of Service”). Unless otherwise defined this Addendum, all capitalized terms not defined in this Addendum will have the meanings given to them in the Terms of Service.1. Definitions
For the purposes of this Addendum, the following terms and those defined within the body of this Addendum apply:
- "Business" has the meaning set forth in Section 1798.140(c) of the CCPA.
- "Controller" means: (i) the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data; and (ii) if and as applicable, a Business.
- "Data Protection Laws" means all applicable data privacy, data protection, and cybersecurity laws, rules and regulations to which Processing of Personal Data is subject to under this Addendum. “Data Protection Laws” may include, but are not limited to, the California Consumer Privacy Act of 2018 (“CCPA”) and the EU General Data Protection Regulation 2016/679 (“GDPR”).
- "Personal Data" means “personal data” or “personal information” relating to a data subject Processed by GoDaddy under the Agreement.
- "Process" or "Processing" means any operation or set of operations which is performed on Personal Data or sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment or combination, restriction, erasure, or destruction.
- "Security Incident(s)" means the breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data in GoDaddy’s possession or control.
GoDaddy is an independent Controller of Personal Data. Under no circumstance shall Customer and GoDaddy be regarded as “joint controllers” within the meaning set forth in GDPR Article 26 or any similar concept arising under Data Protection Laws.3. Compliance with Data Protection Laws
Each party shall Process Personal Data in compliance with Data Protection Laws.4. Information Security
GoDaddy shall use commercially reasonable efforts to implement and maintain reasonable administrative, technical, and physical safeguards designed to protect Personal Data.5. Security Incidents
Upon becoming aware of a Security Incident, GoDaddy shall provide written notice to Customer without undue delay as required by Data Protection Laws. Except to the extent caused by Customer, GoDaddy shall be solely responsible for remediating the Security Incident.6. International Transfers of Personal Data
If Personal Data originating in the European Economic Area, Switzerland, and/or the United Kingdom is transferred by Customer to GoDaddy in a country that has not been found to provide an adequate level of protection under Data Protection Laws, the parties agree that the transfer shall be governed by the Standard Contractual Clauses, which are attached hereto as Exhibit A and incorporated herein by reference. The parties agree that: (i) the audits described in Clause II (g) of the Standa