This State Privacy Law Processing Addendum (this “Addendum”) applies to, and is incorporated by reference to, the Master Services Agreement – Supply entered into by PulsePoint, Inc. and the applicable supply partner (each a “Party” and collectively the “Parties”). This Addendum sets forth the terms under State Privacy Laws pursuant to which a Party (the “Disclosing Party”) may transmit, disclose, or otherwise make available Personal Data to the other Party (the “Receiving Party”) for Advertising Purposes (defined below). This Addendum supplements and forms part of any existing, current, or future agreement between Disclosing Party and Receiving Party pursuant to which Disclosing Party discloses Personal Data to Receiving Party (any such agreement being individually or together referred to as the “Agreement”). This Addendum will be effective as of the effective date of the Agreement (“Effective Date”); provided, however, the relevant obligations apply only to the extent (i) Personal Data is subject to the State Privacy Laws; and (ii) a State Privacy Law has taken effect.
For purposes of this Addendum, the following terms will have the meaning ascribed below:
With respect to the Processing of Personal Data, each Party acts as a Controller, unless a Restricted Processing Signal is present, in which case Receiving Party acts as a Processor and Processes the Personal Data on behalf of Disclosing Party (which may operate as either the Controller or a Processor to another Controller). Where Disclosing Party, as a Processor on behalf of a Controller, provides Personal Data to Receiving Party, the Disclosing Party will ensure that the Controller on whose behalf it is providing Personal Data has agreed to the obligations set forth in Section 4 herein.
Each Party will: