Whywhywhy California Data Processing Addendum

Pursuant to the Whywhywhy Terms of Service (the “Agreement”) between you (“Customer”) and Spacetime Oasis, Inc. (“Vendor”) (each a “Party”; collectively the “Parties”), and in furtherance of obligations under the California Consumer Privacy Act of 2018 (California Civil Code §§ 1798.100 to 1798.199) and its implementing regulations, as amended or superseded from time to time (“CCPA”), the Parties hereby adopt this California Data Processing Addendum (“Addendum”) for so long as Vendor maintains Personal Information on behalf of Customer. This Addendum prevails over any conflicting terms of the Agreement.

1.

Definitions. For the purposes of this Addendum--

1.1

The capitalized terms used in this Addendum and not otherwise defined in this Addendum shall have the definitions set forth in the CCPA.

2.

Roles and Scope.

2.1

This Addendum applies only to the Collection, retention, use, disclosure, and Sale of Personal Information provided by Customer to, or which is Collected on behalf of Customer by, Vendor to provide Services to Customer pursuant to the Agreement or to perform a Business Purpose (“Customer Personal Information”).

2.2

Customer appoints Vendor as a Service Provider to process Customer Personal Information on behalf of Customer.

3.

Restrictions on Processing.

3.1

Except as otherwise permitted by the CCPA, Vendor is prohibited from (i) retaining, using, or disclosing Customer Personal Information for any purpose other than for the specific purpose of performing the Services specified in the Agreement for Customer, as set out in this Addendum and (ii) further Collecting, Selling, or using Customer Personal Information except as necessary to perform the Services.

4.

Consumer Rights.

4.1

Vendor shall provide commercially reasonable assistance to Customer for the fulfillment of Customer’s obligations to respond to CCPA-related Consumer rights requests regarding Customer Personal Information.

5.

CCPA Exemption.

5.1

Notwithstanding any provision to the contrary of the Agreement or this Addendum, the terms of this Addendum shall not apply to Vendor’s processing of Customer Personal Information that is exempt from the CCPA, including under Cal. Civ. Code 1798.145(a).

6.

Indemnification.

6.1

To the extent that the Agreement requires Vendor to Collect, use, retain, disclose, or reidentify any Customer Personal Information as directed by Customer, Customer shall be solely liable and shall hold harmless and indemnify Vendor for any damages or reasonable costs, including attorneys’ fees and interest, arising from or related to the Collection, use, retention, disclosure, or reidentification of such Customer Personal Information by Vendor as directed by Customer.

7.

Sale of Information.

7.1

The Parties acknowledge and agree that the exchange of Personal Information between the Parties does not form part of any monetary or other valuable consideration exchanged between the Parties with respect to the Agreement or this Addendum.

8.

Changes to Applicable Privacy Laws.

8.1

The Parties agree to cooperate in good faith to enter into additional terms to address any modifications, amendments, or updates to applicable statutes, regulations or other laws pertaining to privacy and information security, including, where applicable, the CCPA.