Privacy policy.

September 23, 2023

Cold Plunge Coffee, LLC ( Cold Plunge Coffee AKA CPC) values its users' privacy. This Privacy Policy ("Policy") will help you understand how we collect and use personal information from those who visit our website or make use of our online facilities and services, and what we will and will not do with the information we collect. Our Policy has been designed and created to assure those affiliated with Cold Plunge Coffee, LLC of our commitment and realization of our obligation not only to meet, but to exceed, most existing privacy standards.

We reserve the right to make changes to this Policy at any given time. If you have not registered with us and want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. If you are a registered user, we will notify you via email of any changes or updates made to this Policy. If at any point in time Cold Plunge Coffee, LLC decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether to permit the use of their information in this separate manner.

This Policy applies to Cold Plunge Coffee, LLC, and it governs any and all data collection and usage by us. Through the use of www.coldplungecoffee.com, you are therefore consenting to the data collection procedures expressed in this Policy.

Please note that this Policy does not govern the collection and use of information by companies that Cold Plunge Coffee, LLC does not control, nor by individuals not employed or managed by us. If you visit a website that we mention or link to, be sure to review its privacy policy before providing the site with information. It is highly recommended and suggested that you review the privacy policies and conditions of any website you choose to use or frequent to better understand the way in which websites garner, make use of and share the information collected.

Specifically, this Policy will inform you of the following:

  1. What personally identifiable information is collected from you through our website;

  2.  Why we collect personally identifiable information and the legal basis for such collection;

  3. How we use the collected information and with whom it may be shared;

  4. What choices are available to you regarding the use of your data; and

  5. The security procedures in place to protect the misuse of your information.

Information We Collect

It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services. This website collects various types of information, such as:

  • Voluntarily provided information which may include your name, address, email address, billing and/or credit card information etc. which may be used when you purchase products and/or services and to deliver the services you have requested.

  • Information automatically collected when visiting our website, which may include cookies, third party tracking technologies and server logs.

In addition, Cold Plunge Coffee, LLC may have the occasion to collect non-personal anonymous demographic information, such as age, gender, household income, political affiliation, race and religion, as well as the type of browser you are using, IP address, or type of operating system, which will assist us in providing and maintaining superior quality service.

Cold Plunge Coffee, LLC may also deem it necessary, from time to time, to follow websites that our users may frequent to gleam what types of services and products may be the most popular to customers or the general public.

Please rest assured that this site will only collect personal information that you knowingly and willingly provide to us by way of surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose for which it was requested, and any additional uses specifically provided for in this Policy.

Why We Collect Information and For How Long

We are collecting your data for several reasons:

  1. To better understand your needs and provide you with the services you have requested;

  2. To fulfill our legitimate interest in improving our services and products;

  3. To send you promotional emails containing information we think you may like when we have your consent to do so;

  4. To contact you to fill out surveys or participate in other types of market research, when we have your consent to do so;

  5. To customize our website according to your online behavior and personal preferences.

The data we collect from you will be stored for no longer than necessary. The length of time we retain said information will be determined based upon the following criteria: the length of time your personal information remains relevant; the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations; any limitation periods within which claims might be made; any retention periods prescribed by law or recommended by regulators, professional bodies or associations; the type of contract we have with you, the existence of your consent, and our legitimate interest in keeping such information as stated in this Policy.

Use of Information Collected

Cold Plunge Coffee, LLC does not now, nor will it in the future, sell, rent or lease any of its customer lists and/or names to any third parties.

Cold Plunge Coffee, LLC may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from www.coldplungecoffee.com

Cold Plunge Coffee, LLC may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current, potential, or future services that may be offered.

Cold Plunge Coffee, LLC may feel it necessary, from time to time, to contact you on behalf of our other external business partners with regards to a potential new offer which may be of interest to you. If you consent or show interest in presented offers, then, at that time, specific identifiable information, such as name, email address and/or telephone number, may be shared with the third party.

Cold Plunge Coffee, LLCuses various third-party social media features including but not limited to Facebook, Instagram, LinkedIn, Twitter and other interactive programs. These may collect your IP address and require cookies to work properly. These services are governed by the privacy policies of the providers and are not within Cold Plunge Coffee, LLC's control.

Disclosure of Information

Cold Plunge Coffee, LLC may not use or disclose the information provided by you except under the following circumstances:

●      as necessary to provide services or products you have ordered;

  • in other ways described in this Policy or to which you have otherwise consented;

  • in the aggregate with other information in such a way so that your identity cannot reasonably be determined;

  • as required by law, or in response to a subpoena or search warrant;

  • to outside auditors who have agreed to keep the information confidential;

  • as necessary to enforce the Terms of Service on our website;

  • as necessary to maintain, safeguard and preserve all the rights and property of Cold Plunge Coffee, LLC.

Non-Marketing Purposes

Cold Plunge Coffee, LLCgreatly respects your privacy. We do maintain and reserve the right to contact you if needed for non- marketing purposes (such as bug alerts, security breaches, account issues, and/or changes in Cold Plunge Coffee, LLC products and services, or changes to this Policy). In certain circumstances, we may use our website, newspapers, or other public means to post a notice.

Children under the age of 13

Cold Plunge Coffee, LLC's website is not directed to, and does not knowingly collect personal identifiable information from, children under the age of thirteen (13). If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system's database, or in the alternative, that verifiable parental consent is obtained for the use and storage of such information. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.

 

Unsubscribe or Opt-Out

All users and visitors to our website have the option to discontinue receiving communications from us by way of email or newsletters. To discontinue or unsubscribe from our website please send an email that you wish to unsubscribe to caleb@coldplungecoffee.com. If you wish to unsubscribe or opt-out from any third-party websites, you must go to that specific website to unsubscribe or opt-out. Cold Plunge Coffee, LLC will continue to adhere to this Policy with respect to any personal information previously collected.

Links to Other Websites

Our website does contain links to affiliate and other websites. Cold Plunge Coffee, LLC does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other websites. Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of every website that collects personally identifiable information. This Policy applies only and solely to the information collected by our website.

Notice to European Union Users

Cold Plunge Coffee, LLC's operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) and sent to the United States. (The adequacy decision on the EU-US Privacy became operational on August 1, 2016. This framework protects the fundamental rights of anyone in the EU whose personal data is transferred to the United States for commercial purposes. It allows the free transfer of data to companies that are certified in the US under the Privacy Shield.) By providing personal information to us, you are consenting to its storage and use as described in this Policy.

 

Your Rights as a Data Subject

Under the regulations of the General Data Protection Regulation ("GDPR") of the EU you have certain rights as a Data Subject. These rights are as follows:

  • The right to be informed: this means we must inform you of how we intend to use your personal data and we do this through the terms of this Policy.

  • The right of access: this means you have the right to request access to the data we hold about you and we must respond to those requests within one month. You can do this by sending an email to caleb@coldplungecoffee.com.

  • The right to rectification: this means that if you believe some of thedata we hold is incorrect, you have the right to have it corrected. You can do this by logging into your account with us, or by sending us an email with your request. You can do this by sending an email to caleb@coldplungecoffee.com.

  • The right to erasure: this means you can request that the information we hold about you be deleted, and we will comply unless we have a compelling reason not to, in which case you will be informed of the reason. You can do this by sending an email to caleb@coldplungecoffee.com.

  • The right to restrict processing: this means you can change your communication preferences or opt-out of certain communications. You can do this by sending an email to caleb@coldplungecoffee.com.

  •  The right of data portability: this means you can obtain and use the data we hold for your own purposes without explanation. If you wish to request a copy of your information, contact us at caleb@coldplungecoffee.com.

  • The right to object: this means you can file a formal objection with us regarding our use of your information with regard to third parties, or its processing where our legal basis is our legitimate interest in it. To do this, please send an email to caleb@coldplungecoffee.com.

In addition to the rights above, please rest assured that we will always aim to encrypt and anonymize your personal information whenever possible. We also have protocols in place in the unlikely event that we suffer a data breach and we will contact you if your personal information is ever at risk. For more details regarding our security protections see the section below or visit our website at www.coldplungecoffee.com.

 

Security

Cold Plunge Coffee, LLC takes precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (e.g. credit card information), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the webpage.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers and servers in which we store personally identifiable information are kept in a secure environment. This is all done to prevent any loss, misuse, unauthorized access, disclosure or modification of the user's personal information under our control.

The Company also uses Secure Socket Layer (SSL) for authentication and private communications to build users' trust and confidence in the internet and website use by providing simple and secure access and communication of credit card and personal information.

 

Acceptance of Terms

By using this website, you are hereby accepting the terms and conditions stipulated within this Privacy Policy Agreement. If you are not in agreement with our terms and conditions, then you should refrain from further use of our sites. In addition, your continued use of our website following proper notification or the posting of any updates or changes to our terms and conditions, shall mean that you agree and accept such changes.

How to Contact Us

If you have any questions or concerns regarding this Privacy Policy as it relates to our website, please feel free to contact us at the following email, telephone number or mailing address:

Email: caleb@coldplungecoffee.com

Telephone Number: 1-206-920-6147

Mailing Address: Cold Plunge Coffee, LLC 18570 Wallingford Ave N Shoreline, Washington 98133

The data controller responsible for your personal information for the purposes of GDPR compliance is: Mailchimp by Intuit

This Data Processing Addendum (“DPA”) is incorporated into, and is subject to the terms and conditions of, the Agreement between The Rocket Science Group LLC d/b/a Mailchimp (together with its Affiliates, “Mailchimp”) and the customer entity that is a party to the Agreement as a Member (“Customer”).

All capitalized terms not defined in this DPA shall have the meanings set forth in the Agreement. For the avoidance of doubt, all references to the “Agreement” shall include this DPA (including the SCCs (where applicable), as defined herein).

1. Definitions

“Affiliate” means an entity that directly or indirectly Controls, is Controlled by or is under common Control with an entity.

“Agreement” means Mailchimp’s Standard Terms of Use, or other written or electronic agreement, which govern the provision of the Service to Customer, as such terms or agreement may be updated from time to time.

“Control” means an ownership, voting or similar interest representing fifty percent (50%) or more of the total interests then outstanding of the entity in question. The term “Controlled” shall be construed accordingly.

“Customer Data” means any personal data that Mailchimp processes on behalf of Customer via the Service, as more particularly described in this DPA.

“Data Protection Laws” means all data protection laws and regulations applicable to a party’s processing of Customer Data under the Agreement, including, where applicable, European Data Protection Laws and Non-European Data Protection Laws.

“European Data Protection Laws” means all data protection laws and regulations applicable to Europe, including (i) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) (“GDPR”); (ii) Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector; (iii) applicable national implementations of (i) and (ii); (iv) the GDPR as it forms part of UK law by virtue of section 3 of the UK European Union (Withdrawal) Act 2018 and the UK Data Protection Act 2018 (together, “UK Data Protection Laws”); and (v) the Swiss Federal Data Protection Act of 19 June 1992 and its Ordinance (“Swiss DPA”).

“Europe” means, for the purposes of this DPA, the European Economic Area and its member states (“EEA”), Switzerland and the United Kingdom (“UK”).

“Non-European Data Protection Laws” means the California Consumer Privacy Act (“CCPA”); the Canadian Personal Information Protection and Electronic Documents Act (“PIPEDA”); the Brazilian General Data Protection Law (“LGPD”), Federal Law no. 13,709/2018; and the Privacy Act 1988 (Cth) of Australia, as amended (“Australian Privacy Law”).

“SCCs” means (i) the standard contractual clauses between controllers and processors adopted by the European Commission in its Implementing Decision (EU) 2021/91 of 4 June 2021, and currently located here (the “2021 Controller-to-Processor Clauses”); or (ii) the standard contractual clauses between processors adopted by the European Commission in its Implementing Decision (EU) 2021/91 of 4 June 2021, and currently located here (the “2021 Processor-to-Processor Clauses”); as applicable in accordance with Section 6.3.

“Security Incident” means any unauthorized or unlawful breach of security that leads to the accidental or unlawful destruction, loss, or alteration of, or unauthorized disclosure of or access to, Customer Data on systems managed or otherwise controlled by Mailchimp.

“Sensitive Data” means (a) social security number, tax file number, passport number, driver’s license number, or similar identifier (or any portion thereof); (b) credit or debit card number (other than the truncated (last four digits) of a credit or debit card); (c) employment, financial, credit, genetic, biometric or health information; (d) racial, ethnic, political or religious affiliation, trade union membership, information about sexual life or sexual orientation, or criminal record; (e) account passwords; or (f) other information that falls within the definition of “special categories of data” under applicable Data Protection Laws.

“Sub-processor” means any processor engaged by Mailchimp or its Affiliates to assist in fulfilling its obligations with respect to providing the Service pursuant to the Agreement or this DPA. Sub-processors may include third parties or Affiliates of Mailchimp but shall exclude Mailchimp employees, contractors, or consultants.

"UK Addendum" means the International Data Transfer Addendum (version B1.0) issued by the Information Commisioner's Office under S.119(A) of the UK Data Protection Act 2018, as updated or amended from time to time.

The terms “personal data”, “controller”, “data subject”, “processor” and “processing” shall have the meaning given to them under applicable Data Protection Laws or if not defined thereunder, the GDPR, and “process”, “processes" and “processed”, with respect to any Customer Data, shall be interpreted accordingly.

2. Roles and Responsibilities

2.1 Parties’ roles. If European Data Protection Laws or the LGPD applies to either party’s processing of Customer Data, the parties acknowledge and agree that with regard to the processing of Customer Data, Mailchimp is a processor acting on behalf of Customer (whether itself a controller or a processor). For the avoidance of doubt, this DPA shall not apply to instances where Mailchimp is the controller (as defined by European Data Protection Laws) unless otherwise described in Annex C (Jurisdiction-Specific Terms) of this DPA.

2.2 Purpose limitation. Mailchimp shall process Customer Data, as further described in Annex A (Details of Data Processing) of this DPA, only in accordance with Customer’s documented lawful instructions as set forth in this DPA, as necessary to comply with applicable law, or as otherwise agreed in writing (“Permitted Purposes”). The parties agree that the Agreement, including this DPA, along with the Customer’s configuration of or use of any settings, features, or options in the Service (as the Customer may be able to modify from time to time) constitute the Customer’s complete and final instructions to Mailchimp in relation to the processing of Customer Data (including for the purposes of the SCCs), and processing outside the scope of these instructions (if any) shall require prior written agreement between the parties.

2.3 Prohibited data. Customer will not provide (or cause to be provided) any Sensitive Data to Mailchimp for processing under the Agreement, and Mailchimp will have no liability whatsoever for Sensitive Data, whether in connection with a Security Incident or otherwise. For the avoidance of doubt, this DPA will not apply to Sensitive Data.

2.4 Customer compliance. Customer represents and warrants that (i) it has complied, and will continue to comply, with all applicable laws, including Data Protection Laws, in respect of its processing of Customer Data and any processing instructions it issues to Mailchimp; and (ii) it has provided, and will continue to provide, all notice and has obtained, and will continue to obtain, all consents and rights necessary under Data Protection Laws for Mailchimp to process Customer Data for the purposes described in the Agreement. Customer shall have sole responsibility for the accuracy, quality, and legality of Customer Data and the means by which Customer acquired Customer Data. Without prejudice to the generality of the foregoing, Customer agrees that it shall be responsible for complying with all laws (including Data Protection Laws) applicable to any Campaigns (as defined in the Agreement) or other content created, sent, or managed through the Service, including those relating to obtaining consents (where required) to send emails, the content of the emails and its email deployment practices.

2.5 Lawfulness of Customer’s instructions. Customer will ensure that Mailchimp’s processing of the Customer Data in accordance with Customer’s instructions will not cause Mailchimp to violate any applicable law, regulation, or rule, including, without limitation, Data Protection Laws. Mailchimp shall promptly notify Customer in writing, unless prohibited from doing so under European Data Protection Laws, if it becomes aware or believes that any data processing instruction from Customer violates European Data Protection Laws. Where Customer acts as a processor on behalf of a third-party controller (or other intermediary to the ultimate controller), Customer warrants that its processing instructions as set out in the Agreement and this DPA, including its authorizations to Mailchimp for the appointment of Sub-processors in accordance with this DPA, have been authorized by the relevant controller. Customer shall serve as the sole point of contact for Mailchimp and Mailchimp need not interact directly with (including to provide notifications to or seek authorization from) any third-party controller other than through regular provision of the Service to the extent required under the Agreement. Customer shall be responsible for forwarding any notifications received under this DPA to the relevant controller, where appropriate.

3. Sub-processing

3.1 Authorized Sub-processors. Customer agrees that Mailchimp may engage Sub-processors to process Customer Data on Customer’s behalf. The Sub-processors currently engaged by Mailchimp and authorized by Customer are available here. Mailchimp shall notify Customer if it adds or removes Sub-processors at least 10 days prior to any such changes if Customer opts in to receive such notifications by clicking here.

3.2 Sub-processor obligations. Mailchimp shall: (i) enter into a written agreement with each Sub-processor containing data protection obligations that provide at least the same level of protection for Customer Data as those in this DPA, to the extent applicable to the nature of the service provided by such Sub-processor; and (ii) remain responsible for such Sub-processor’s compliance with the obligations of this DPA and for any acts or omissions of such Sub-processor that cause Mailchimp to breach any of its obligations under this DPA. Customer acknowledges and agrees that, where applicable, Mailchimp fulfills its obligations under Clause 9 of the 2021 Controller-to-Processor Clauses and 2021 Processor-to-Processor Clauses (as applicable) by complying with this Section 3 and that Mailchimp may be prevented from disclosing Sub-processor agreements to Customer due to confidentiality restrictions but Mailchimp shall, upon request, use reasonable efforts to provide Customer with all relevant information it reasonably can in connection with Subprocessor agreements.

4. Security

4.1 Security Measures. Mailchimp shall implement and maintain appropriate technical and organizational security measures that are designed to protect Customer Data from Security Incidents and designed to preserve the security and confidentiality of Customer Data in accordance with Mailchimp’s security standards described in Annex B (“Security Measures”) of this DPA.

4.2 Confidentiality of processing. Mailchimp shall ensure that any person who is authorized by Mailchimp to process Customer Data (including its staff, agents, and subcontractors) shall be under an appropriate obligation of confidentiality (whether a contractual or statutory duty).

4.3 Updates to Security Measures. Customer is responsible for reviewing the information made available by Mailchimp relating to data security and making an independent determination as to whether the Service meets Customer’s requirements and legal obligations under Data Protection Laws. Customer acknowledges that the Security Measures are subject to technical progress and development and that Mailchimp may update or modify the Security Measures from time to time, provided that such updates and modifications do not result in the degradation of the overall security of the Service provided to Customer.

4.4 Security Incident response. Upon becoming aware of a Security Incident, Mailchimp shall: (i) notify Customer without undue delay, and where feasible, within 48 hours of awareness; (ii) provide timely information relating to the Security Incident as it becomes known or as is reasonably requested by Customer; and (iii) promptly take reasonable steps to contain and investigate any Security Incident. Mailchimp’s notification of or response to a Security Incident under this Section 4.4 shall not be construed as an acknowledgment by Mailchimp of any fault or liability with respect to the Security Incident.

4.5 Customer responsibilities. Notwithstanding the above, Customer agrees that except as provided by this DPA, Customer is responsible for its secure use of the Service, including securing its account authentication credentials, protecting the security of Customer Data when in transit to and from the Service, and taking any appropriate steps to securely encrypt or backup any Customer Data uploaded to the Service.

5. Security Reports and Audits

5.1 Audit rights. Mailchimp shall make available to Customer all information reasonably necessary to demonstrate compliance with this DPA and allow for and contribute to audits, including inspections by Customer in order to assess compliance with this DPA. Customer acknowledges and agrees that it shall exercise its audit rights under this DPA (including this Section 5.1 and where applicable, the SCCs) and any audit rights granted by Data Protection Laws, by instructing Mailchimp to comply with the audit measures described in Sections 5.2 and 5.3 below.

5.2 Security reports. Customer acknowledges that Mailchimp is regularly audited against industry leading standards by independent third party auditors and internal auditors respectively. Upon written request here, Mailchimp shall supply (on a confidential basis) a summary copy of its most current audit report(s) (“Report”) to Customer, so that Customer can verify Mailchimp’s compliance with the audit standards against which it has been assessed and this DPA.

5.3 Security due diligence. In addition to the Report, Mailchimp shall respond to all reasonable requests for information made by Customer to confirm Mailchimp’s compliance with this DPA by making additional information available regarding its information security program upon Customer’s written request, provided that Customer shall not exercise this right more than once per calendar year. Customers may submit their requests here.

6. International Transfers

6.1 Data center locations. Subject to Section 6.2, Customer acknowledges that Mailchimp may transfer and process Customer Data to and in the United States and anywhere else in the world where Mailchimp, its Affiliates or its Sub-processors maintain data processing operations. Mailchimp shall at all times ensure that such transfers are made in compliance with the requirements of Data Protection Laws and this DPA.

6.2 Australian data. To the extent that Mailchimp is a recipient of Customer Data protected by the Australian Privacy Law, the parties acknowledge and agree that Mailchimp may transfer such Customer Data outside of Australia as permitted by the terms agreed upon by the parties and subject to Mailchimp complying with this DPA and the Australian Privacy Law.

6.3 EEA Data Transfers. To the extent that Mailchimp is a recipient of Customer Data protected by GDPR in a country outside of EEA that is not recognized as providing an adequate level of protection for personal data (as described in applicable European Data Protection Laws), the parties agree to abide by and process such Customer Data in compliance with the SCCs, which shall be incorporated into and form an integral part of this DPA.

6.4 UK Data Transfers. With respect to transfers to which the UK Data Protection Laws apply, the SCCs shall apply and shall be deemed amended as specified by the UK Addendum. The UK Addendum shall be deemed executed by the parties and incorporated into and form an integral part of this DPA. In addition: Tables 1 to 3 in Part 1 of the UK Addendum shall be deemed completed with the information set out in Annexes I and II of the relevant SCCs; and Table 4 in Part 1 of the UK Addendum shall be deemed completed by selecting "neither party".

6.5 Swiss Data Transfers. With respect to transfers to which the Swiss DPA apply, the SCCs shall apply in accordance with Section 6.3 with the following modifications: (i) references to "Regulation (EU) 2016/679" shall be interpreted as references to the Swiss DPA; (ii) references to specific Articles of "Regulation (EU) 2016/679" shall be replaced with the equivalent article or section of the Swiss DPA; (iii) references to "EU", "Union" and "Member State law" shall be replaced with "Switzerland"; (iv) Clause 13(a) and Part C of Annex Il shall be deleted; (v) references to the "competent supervisory authority" and "competent courts" shall be replaced with "the Swiss Federal Data Protection and Information Commissioner" and "relevant courts in Switzerland"; (vi) Clause 17 shall be replaced to state "The Clauses are governed by the laws of Switzerland"; and (vii) Clause 18 shall be replaced to state "Any dispute arising from these Clauses shall be resolved by the applicable courts of Switzerland. The parties agree to submit themselves to the jurisdiction of such courts".

6.6 Compliance with the SCCs. The parties agree that if Mailchimp cannot ensure compliance with the SCCs, it shall promptly inform Customer of its inability to comply. If Customer intends to suspend the transfer of European Data and/or terminate the affected parts of the Service, it shall first provide notice to Mailchimp and provide Mailchimp with a reasonable period of time to cure such non-compliance, during which time Mailchimp and Customer shall reasonably cooperate to agree what additional safeguards or measures, if any, may be reasonably required. Customer shall only be entitled to suspend the transfer of data and/or terminate the affected parts of the Service for non-compliance with the SCCs if Mailchimp has not or cannot cure the non-compliance within a reasonable period.

6.7 Alternative transfer mechanism. To the extent Mailchimp adopts an alternative lawful data transfer mechanism for the transfer of European Data not described in this DPA (“Alternative Transfer Mechanism”), the Alternative Transfer Mechanism shall apply instead of the transfer mechanisms described in this DPA (but only to the extent such Alternative Transfer Mechanism complies with applicable European Data Protection Laws and extends to the countries to which European Data is transferred). In addition, if and to the extent that a court of competent jurisdiction or supervisory authority orders (for whatever reason) that the measures described in this DPA cannot be relied on to lawfully transfer European Data (within the meaning of applicable European Data Protection Laws), Mailchimp may implement any additional measures or safeguards that may be reasonably required to enable the lawful transfer of European Data.

7. Return or Deletion of Data

Deletion or return on termination. Upon termination or expiration of the Agreement, Mailchimp shall (at Customer’s election) delete or return to Customer all Customer Data (including copies) in its possession or control, except that this requirement shall not apply to the extent Mailchimp is required by applicable law to retain some or all of the Customer Data, or to Customer Data it has archived on back-up systems, which Customer Data Mailchimp shall securely isolate, protect from any further processing and eventually delete in accordance with Mailchimp’s deletion policies, except to the extent required by applicable law. The parties agree that the certification of deletion of Customer Data described in Clause 8.5 and 16(d) of the 2021 Controller-to-Processor Clauses and 2021 Processor-to-Processor Clauses (as applicable) shall be provided by Mailchimp to Customer only upon Customer’s written request.

8. Data Subject Rights and Cooperation

8.1 Data subject requests. As part of the Service, Mailchimp provides Customer with a number of self-service features, that Customer may use to retrieve, correct, delete, or restrict the use of Customer Data, which Customer may use to assist it in connection with its (or its third-party controller’s) obligations under the Data Protection Laws with respect to responding to requests from data subjects via Customer’s account at no additional cost. In addition, Mailchimp shall, considering the nature of the processing, provide reasonable additional assistance to Customer to the extent possible to enable Customer (or its third-party controller) to comply with its data protection obligations with respect to data subject rights under Data Protection Laws. In the event that any such request is made to Mailchimp directly, Mailchimp shall not respond to such communication directly except as appropriate (for example, to direct the data subject to contact Customer) or legally required, without Customer’s prior authorization. If Mailchimp is required to respond to such a request, Mailchimp shall, where the Customer is identified or identifiable from the request, promptly notify Customer and provide Customer with a copy of the request unless Mailchimp is legally prohibited from doing so. For the avoidance of doubt, nothing in the Agreement (including this DPA) shall restrict or prevent Mailchimp from responding to any data subject or data protection authority requests in relation to personal data for which Mailchimp is a controller.

8.2 Data protection impact assessment. To the extent required under applicable Data Protection Laws, Mailchimp shall (considering the nature of the processing and the information available to Mailchimp) provide all reasonably requested information regarding the Service to enable Customer to carry out data protection impact assessments or prior consultations with data protection authorities as required by Data Protection Laws. Mailchimp shall comply with the foregoing by: (i) complying with Section 5 (Security Reports and Audits); (ii) providing the information contained in the Agreement, including this DPA; and (iii) if the foregoing sub-sections (i) and (ii) are insufficient for Customer to comply with such obligations, upon request, providing additional reasonable assistance (at Customer’s expense).

9. Jurisdiction-Specific Terms

To the extent Mailchimp processes Customer Data originating from and protected by Data Protection Laws in one of the jurisdictions listed in Annex C, then the terms specified in Annex C with respect to the applicable jurisdiction(s) (“Jurisdiction-Specific Terms”) apply in addition to the terms of this DPA. In the event of any conflict or ambiguity between the Jurisdiction-Specific Terms and any other terms of this DPA, the applicable Jurisdiction-Specific Terms will take precedence, but only to the extent of the Jurisdiction-Specific Terms’ applicability to Mailchimp.

10. Limitation of Liability

10.1 Each party’s and all of its Affiliates’ liability taken together in the aggregate arising out of or related to this DPA (including the SCCs) shall be subject to the exclusions and limitations of liability set forth in the Agreement.

10.2 Any claims made against Mailchimp or its Affiliates under or in connection with this DPA (including, where applicable, the SCCs) shall be brought solely by the Customer entity that is a party to the Agreement.

10.3 In no event shall any party limit its liability with respect to any individual’s data protection rights under this DPA or otherwise.

11. Relationship with the Agreement

11.1 This DPA shall remain in effect for as long as Mailchimp carries out Customer Data processing operations on behalf of Customer or until termination of the Agreement (and all Customer Data has been returned or deleted in accordance with Section 7.1 above).

11.2 The parties agree that this DPA shall replace any existing data processing agreement or similar document that the parties may have previously entered into in connection with the Service.

11.3 In the event of any conflict or inconsistency between this DPA and the Standard Terms of Use, the provisions of the following documents (in order of precedence) shall prevail: (i) SCCs; then (ii) this DPA; and then (iii) the Standard Terms of Use.

11.4 Except for any changes made by this DPA, the Agreement remains unchanged and in full force and effect.

11.5 No one other than a party to this DPA, its successors and permitted assignees shall have any right to enforce any of its terms.

11.6 This DPA shall be governed by and construed in accordance with the governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.

Annex A – Details of Data Processing

(a) Categories of data subjects:

The categories of data subjects whose personal data is processed include (i) Members (i.e., individual end users with access to a Mailchimp account) and (ii) Contacts (i.e., Member’s subscribers and other individuals about whom a Member has given us information or has otherwise interacted with a Member via the Service).

(b) Categories of personal data:

Customer may upload, submit, or otherwise provide certain personal data to the Service, the extent of which is typically determined and controlled by Customer in its sole discretion, and may include the following types of personal data:

  • Members: Identification and contact data (name, address, title, contact details, username); financial information (credit card details, account details, payment information); employment details (employer, job title, geographic location, area of responsibility).

  • Contacts: Identification and contact data (name, date of birth, gender, general, occupation or other demographic information, address, title, contact details, including email address); personal interests or preferences (including purchase history, marketing preferences and publicly available social media profile information); IT information (IP addresses, usage data, cookies data, online navigation data, location data, browser data); financial information (credit card details, account details, payment information).

(c) Sensitive data processed (if applicable):

Mailchimp does not want to, nor does it intentionally, collect or process any Sensitive Data in connection with the provision of the Service.

(d) Frequency of processing:

Continuous and as determined by Customer.

(e) Subject matter and nature of the processing:

Mailchimp provides an email service, automation and marketing platform and other related services, as more particularly described in the Agreement. The subject matter of the data processing under this DPA is the Customer Data. Customer Data will be processed in accordance with the Agreement (including this DPA) and may be subject to the following processing activities:

  • Storage and other processing necessary to provide, maintain and improve the Service provided to Customer pursuant to the Agreement; and/or

  • Disclosures in accordance with the Agreement and/or as compelled by applicable law.

(f) Purpose of the processing:

Mailchimp shall only process Customer Data for the Permitted Purposes, which shall include: (i) processing as necessary to provide the Service in accordance with the Agreement; (ii) processing initiated by Customer in its use of the Service; and (iii) processing to comply with any other reasonable instructions provided by Customer (e.g., via email or support tickets) that are consistent with the terms of the Agreement.

(g) Duration of processing and period for which personal data will be retained:

Mailchimp will process Customer Data as outlined in Section 7 (Return or Deletion of Data) of this DPA.

Annex B – Security Measures

The Security Measures applicable to the Service are described here (as updated from time to time in accordance with Section 4.3 of this DPA).

Annex C - Jurisdiction-Specific Terms

Europe:

1.      Objection to Sub-processors. Customer may object in writing to Mailchimp’s appointment of a new Sub-processor within five (5) calendar days of receiving notice in accordance with Section 3.1 of the DPA, provided that such objection is based on reasonable grounds relating to data protection. In such event, the parties shall discuss such concerns in good faith with a view to achieving a commercially reasonable resolution. If no such resolution can be reached, Mailchimp will, at its sole discretion, either not appoint such Sub-processor, or permit Customer to suspend or terminate the affected Service in accordance with the termination provisions in the Agreement without liability to either party (but without prejudice to any fees incurred by Customer prior to suspension or termination).

2.     Government data access requests. As a matter of general practice, Mailchimp does not voluntarily provide government agencies or authorities (including law enforcement) with access to or information about Mailchimp accounts (including Customer Data). If Mailchimp receives a compulsory request (whether through a subpoena, court order, search warrant, or other valid legal process) from any government agency or authority (including law enforcement) for access to or information about a Mailchimp account (including Customer Data) belonging to a Customer whose primary contact information indicates the Customer is located in Europe, Mailchimp shall: (i) review the legality of the request; (ii) inform the government agency that Mailchimp is a processor of the data; (iii) attempt to redirect the agency to request the data directly from Customer; (iv) notify Customer via email sent to Customer’s primary contact email address of the request to allow Customer to seek a protective order or other appropriate remedy; and (v) provide the minimum amount of information permissible when responding to the agency or authority based on a reasonable interpretation of the request. As part of this effort, Mailchimp may provide Customer’s primary and billing contact information to the agency. Mailchimp shall not be required to comply with this paragraph 2 if it is legally prohibited from doing so, or it has a reasonable and good-faith belief that urgent access is necessary to prevent an imminent risk of serious harm to any individual, public safety, or Mailchimp’s property, the Mailchimp Site, or Service, but where Mailchimp is legally prohibited from notifying Customer of requests it shall use its best efforts to obtain a waiver of the prohibition.

California:

1.      Except as described otherwise, the definitions of: “controller” includes “Business”; “processor” includes “Service Provider”; “data subject” includes “Consumer”; “personal data” includes “Personal Information”; in each case as defined under the CCPA.

2.     For this “California” section of Annex C only, “Permitted Purposes” shall include processing Customer Data only for the purposes described in this DPA and in accordance with Customer’s documented lawful instructions as set forth in this DPA, as necessary to comply with applicable law, as otherwise agreed in writing, including, without limitation, in the Agreement, or as otherwise may be permitted for “service providers” under the CCPA.

3.     Mailchimp’s obligations regarding data subject requests, as described in Section 8 (Data Subject Rights and Cooperation) of this DPA, extend to rights requests under the CCPA.

4.     Notwithstanding any use restriction contained elsewhere in this DPA, Mailchimp shall process Customer Data to perform the Service, for the Permitted Purposes and/or in accordance with Customer’s documented lawful instructions, or as otherwise permitted or required by applicable law.

5.     Notwithstanding any use restriction contained elsewhere in this Annex C, Mailchimp may de-identify or aggregate Customer Data as part of performing the Service specified in this DPA and the Agreement.

6.     Where Sub-processors process the Personal Information of Customer contacts, Mailchimp takes steps to ensure that such Sub-processors are Service Providers under the CCPA with whom Mailchimp has entered into a written contract that includes terms substantially similar to this “California” section of Annex C or are otherwise exempt from the CCPA’s definition of “sale”. Mailchimp conducts appropriate due diligence on its Sub-processors.

Canada:

1.      Mailchimp takes steps to ensure that Mailchimp’s Sub-processors, as described in Section 3 (Sub-processing) of the DPA, are third parties under PIPEDA, with whom Mailchimp has entered into a written contract that includes terms substantially similar to this DPA. Mailchimp conducts appropriate due diligence on its Sub-processors.

2.     Mailchimp will implement technical and organizational measures as set forth in Section 4 (Security) of the DPA.

GDPR Disclosure:

If you answered "yes" to the question Does your website comply with the General Data Protection Regulation ("GDPR")? then the Privacy Policy above includes language that is meant to account for such compliance. Nevertheless, in order to be fully compliant with GDPR regulations your company must fulfill other requirements such as: (i) doing an assessment of data processing activities to improve security; (ii) have a data processing agreement with any third party vendors; (iii) appoint a data protection officer for the company to monitor GDPR compliance; (iv) designate a representative based in the EU under certain circumstances; and (v) have a protocol in place to handle a potential data breach. For more details on how to make sure your company is fully compliant with GDPR, please visit the official website at https://gdpr.eu. FormSwift and its subsidiaries are in no way responsible for determining whether or not your company is in fact compliant with GDPR and takes no responsibility for the use you make of this Privacy Policy or for any potential liability your company may face in relation to any GDPR compliance issues.

 

COPPA Compliance Disclosure:

This Privacy Policy presumes that your website is not directed at children under the age of 13 and does not knowingly collect personal identifiable information from them or allow others to do the same through your site. If this is not true for your website or online service and you do collect such information (or allow others to do so), please be aware that you must be compliant with all COPPA regulations and guidelines in order to avoid violations which could lead to law enforcement actions, including civil penalties.

 

In order to be fully compliant with COPPA your website or online service must fulfill other requirements such as: (i) posting a privacy policy which describes not only your practices, but also the practices of any others collecting personal information on your site or service — for example, plug-ins or ad networks;

(ii) include a prominent link to your privacy policy anywhere you collect personal information from children; (iii) include a description of parental rights (e.g. that you won't require a child to disclose more information than is reasonably necessary, that they can review their child's personal information, direct you to delete it, and refuse to allow any further collection or use of the child's information, and the procedures to exercise their rights); (iv) give parents "direct notice" of your information practices before collecting information from their children; and (v) obtain the parents' "verifiable consent" before collecting, using or disclosing personal information from a child. For more information on the definition of these terms and how to make sure your website or online service is fully compliant with COPPA please visit https://www.ftc.gov/tips-advice/business-center/guidance/childrens-online-privacy-protection-rule-six-step- compliance. FormSwift and its subsidiaries are in no way responsible for determining whether or not your company is in fact compliant with COPPA and takes no responsibility for the use you make of this Privacy Policy or for any potential liability your company may face in relation to any COPPA compliance issues.

 

 

California Consumer Privacy Act ("CCPA") Compliance Disclosure : The CCPA is a collection of privacy laws enacted by the California legislature which is meant to protect Californians' personal data from being sold or used without their consent. The requirements of the CCPA apply to, among others, businesses that (i) have a gross annual revenue of at least $25 million dollars; or (ii) buys, receives, or sells personal information of 50,000 or more Californian consumers, households or devices; or (iii) derives 50% or more of its revenue from the sale of personal information. If your business meets these requirements or is otherwise based out of California, you must comply with the requirements of the CCPA or risk facing fines, sanctions and civil penalties. For more information about CCPA and its requirements please visit https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml? bill_id=201720180AB375. Please note that t he CCPA is scheduled to be updated by January 2023 with new requirements and definitions so please be sure to check those regulations periodically to make sure your Privacy Policy is up to date. FormSwift and its subsidiaries are in no way responsible for determining whether or not your company is in fact compliant with the CCPA or any other privacy regulations, and takes no responsibility for the use you make of this Privacy Policy or for any potential liability your company may face in relation to any compliance issues.