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<header id="pagmt">
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<h1>CCPA</h1>
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<p>California Consumer Privacy Act (CCPA)</p>
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2023-05-26 18:26:24 +00:00
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</header>
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<section>
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<h3>Introduction</h3>
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<p>The CCPA is a new data privacy law that applies to businesses that collect personal information from California
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residents. The new law gives California residents new data privacy rights.
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<br /><br />
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OneUptime (HackerBay, Inc.) strongly believes that customers should be able to control their data and trust that
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their information is protected when stored with our service. To support this, OneUptime holds itself to strict data
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security and privacy standards, including compliance with the CCPA.
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</p>
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<h3> Readiness Report</h3>
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<p>The California Consumer Privacy Act, or CCPA, extends California consumers’ privacy rights by giving those
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consumers more control over their personal information.
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The CCPA takes effect on January 1, 2020, and OneUptime is on it.</p>
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<p> PROTECTING YOUR DATA</p>
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<p> OneUptime does not and will not buy or sell personal information. Our business is built on providing world-class
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monitoring, analytics, and on-call management for your resources and for your team; not on re-selling or
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enriching the data we collect.</p>
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<p> PROVIDING NEW RIGHTS & REQUESTS</p>
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<p> The CCPA gives California consumers new rights over their personal information. This includes the right to
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access personal information, the right to have personal information deleted, and the right to control the
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sale of personal information to third parties.</p>
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<p> MEETING CCPA REQUIREMENTS FOR CONSUMERS</p>
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<p> OneUptime’s API integrations allow you to meet consumers’ requests for access. Using our APIs, you can
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delete personal information, understand the categories of data collected, and get copies of the data
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OneUptime has processed on your behalf.</p>
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<p>HELPING YOU MEET YOUR COMPLIANCE OBLIGATIONS</p>
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<p>OneUptime is prepared and able to help you meet your CCPA compliance obligations. When you use
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OneUptime to collect or process personal information, OneUptime acts as a “service provider” and is
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prepared to sign a contractual addendum that cements our role.</p>
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<p>OPTION TO OPT-IN OR OUT</p>
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<p> OneUptime’s opt-in/opt-out features allow you to meet your privacy obligations by not tracking or
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collecting information from users who have opted out of tracking or collection.</p>
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<p> CUSTOM DATA COLLECTION</p>
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<p> OneUptime’s implementation features allow you to customize the data you collect from your
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users so you can limit the amount of personal information you collect (or not collect any at
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all). </p>
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<p> STRONG ENCRYPTION</p>
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<p>OneUptime applies cryptographic controls across its platform to protect personal
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information. OneUptime encrypts data it collects both in transit and at rest using strong
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encryption algorithms.</p>
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<p>ONEUPTIME HAS A TEAM OF PRIVACY AND SECURITY PROFESSIONALS DEDICATED TO OUR COMPLIANCE AND
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TO HELPING YOU MAINTAIN YOUR COMPLIANCE AND CONFIDENCE WHEN USING ONEUPTIME.</p>
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<h3> California Data Privacy Addendum</h3>
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<p>This California Data Privacy Addendum (“CDPA”) forms part of the Master Services
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Agreement or Terms of Use available at https://oneuptime.com/legal/terms/ (as applicable, the
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“Agreement”), by and between Customer (as defined in the Agreement) and HackerBay, Inc.,
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and its affiliates (collectively, “OneUptime”), pursuant to which Customer has accessed
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OneUptime’s Application Services as defined in the applicable Agreement.</p>
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<p>By signing an Agreement or agreeing to the Terms of Use available at
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https://oneuptime.com/legal/terms/, OneUptime and Customer hereby agree to comply with the following
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provisions with respect to any Consumer’s Personal Information:</p>
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<p>Definitions</p>
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<p>“CCPA” means the California Consumer Privacy Act of 2018 as set forth in California Civil
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Code § 1798.100 et seq. and all other applicable laws or regulations relating to the
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Processing of Personal Information that may exist in the relevant jurisdiction.
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“Business,” “Business Purpose,” “Consumer,” “Person,” “Personal Information,” “Sell,”
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“Service Provider,” and “Third Party” shall have the meanings set forth in the CCPA.
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All other defined terms shall have the meanings set forth in the Agreement.</p>
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<p>Terms</p>
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<p>The terms of this CDPA shall take effect upon January 1, 2020 and continue on
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concurrently for the term of the Agreement.</p>
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<p>The parties agree that Customer is a Business and OneUptime is its Service Provider
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in relation to this CDPA and Personal Information that is Processed in the course of
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OneUptime’s provision of the Application Services set forth in the Agreement. The
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parties agree to comply at all times with the applicable provisions of the CCPA in
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respect to the collection, transmission, and processing of all Personal Information
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exchanged or shared pursuant to the Agreement.</p>
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<p>The subject-matter of the Processing of Personal Information covered by this CDPA is
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the Application Services ordered by Customer through OneUptime and provided by
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OneUptime to Customer as set out in the Agreement.</p>
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<p>OneUptime certifies that it understands the restrictions set forth in Section
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1798.140(w)(2)(A) of the CCPA and will comply with them.</p>
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<p>OneUptime shall not Sell Personal Information.</p>
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<p>In respect of Personal Information Processed in the course of providing the
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Application Services, OneUptime:</p>
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<p>shall Process Personal Information only in accordance with the documented
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instructions from Customer (as set out in this CDPA or the Agreement or as otherwise
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notified by Customer to OneUptime from time to time); provided OneUptime may Process
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Personal Information for Business Purposes under the CCPA or another applicable law
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or regulation, and in such cases OneUptime will inform Customer of such requirement
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prior to the Processing unless that law prohibits this on important grounds of
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public interest;</p>
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<p>may hire other companies to provide limited services on its behalf, provided that
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OneUptime complies with the provisions of this clause. Any such subcontractors will
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be permitted to Process Personal Information only to deliver the Services. OneUptime
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remains responsible for its subcontractors’ compliance with the obligations of this
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CDPA, and OneUptime shall ensure that any subcontractors to whom OneUptime transfers
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Personal Information will have entered into written agreements with OneUptime
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requiring that the subcontractor abide by terms substantially similar to this CDPA;
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and</p>
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<p>shall reasonably assist the Customer with its obligation to respond to requests from
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Consumers under the CCPA (including requests for information relating to the
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Processing, and requests relating to access, rectification, erasure or portability
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of the Personal Information) provided that OneUptime reserves the right to
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reimbursement from Customer for the reasonable cost of any time, expenditures or
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fees incurred in connection with such assistance.</p>
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<p>Miscellaneous</p>
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<p>Except as expressly provided in this CDPA, the parties intend no amendment or
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modification of the Agreement or in such other addendum or supplement which
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may have been signed by the parties.</p>
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<p>Any notice to be provided under this CDPA to Customer shall be sent via
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email to the email address associated with Customer’s account.
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This CDPA supplements the terms of the Agreement. In the event of any
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conflict between this CDPA and the Agreement regarding the processing of
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Consumers’ Personal Information, the terms of this CDPA shall control.</p>
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<p>If any provision of this CDPA is held by a court of competent
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jurisdiction to be contrary to the law, the provision shall be modified
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by the court and interpreted so as best to accomplish the objectives of
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the original provision to the fullest extent permitted by law, and the
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remaining provisions of this CDPA shall remain in full force and effect.</p>
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<p>No waiver under this CDPA will be valid or binding unless set forth in
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writing and duly executed by the party against whom enforcement of such
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waiver is sought. Any such waiver will constitute a waiver only with
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respect to the specific matter described therein and will in no way
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impair the rights of the party granting such waiver in any other respect
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or at any other time. Any delay or forbearance by either party in
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exercising any right hereunder will not be deemed a waiver of that
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right.</p>
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<h3>Contact</h3>
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<p>Looking for more information or have questions?</p>
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<p>Contact us at compliance@oneuptime.com or dpo@oneuptime.com.</p>
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</section>
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