California-Specific Terms

The following terms will apply to the extent that, for purposes of the California Consumer Privacy Act (the “CCPA”), you are a Business and you share with Constant Contact Personal Information about California residents which would otherwise constitute a Sale. These California-Specific Terms supplement and form part of the Constant Contact Website and Products Terms and Conditions of Use (the “Terms”).

1. Constant Contact’s Obligations.

1.1. Constant Contact will process such Personal Information as a Service Provider for the purposes set forth in the Terms or as instructed by your documented written instruction or as otherwise permitted by the CCPA;

1.2. Constant Contact is prohibited from retaining, using, or disclosing such Personal Information other than for specific Business Purposes, including retaining, using, or disclosing such Personal Information for a Commercial Purpose other than performing the Business Purposes described in the Terms of Service.

1.3. Constant Contact will not Sell such Personal Information as the term “Sell” is defined in the CCPA.

2. Your Obligations.

You represent and warrant that you will:

2.1. provide notice to your contacts, subscribers, or anyone else who may subscribe to your messages, use your products or services, or visit your website, regarding your sharing of Personal Information with Constant Contact as required by applicable law, including without limitation the CCPA;

2.2. be solely liable for your compliance with the CCPA.

3. No Admissions.

You and Constant Contact agree that the existence of these California-Specific Terms does not constitute an admission that sharing of Personal Information with Constant Contact constitutes a Sale.

4. Deidentified Information.

Notwithstanding the above, to the extent any Personal Information is Deidentified or in the Aggregate, Constant Contact may use such information for any Commercial Purpose in accordance with applicable law, including but not limited to developing analytics, and may retain, use, and disclose such information for such purpose, without restriction.

5. Definitions.

The terms “Aggregate,” “Business,” “Business Purpose,” “Commercial Purposes,” “Deidentified,” “Personal Information,” “Sell,” “Sale,” and “Service Provider” have the meanings defined in the CCPA. Additional information is available here.