California Consumer Privacy Act
The California Consumer Privacy Act (CCPA) forms part of the Terms of Service, or, if applicable, any other separate written agreement (“Agreement”) by and between Free Universal Network LLC (FUN), and the member named in the Agreement, under which member has purchased a subscription to access and use any of the services (as defined in the Agreement). The parties intend this CCPA to be an extension of the Agreement that will outline certain requirements for our processing of specific personal data provided or made available by members or collected or otherwise obtained by us while delivering services to members.
1) Definitions:
A. “CCPA” means the California Consumer Privacy Act of 2018 as outlined in California Civil Code §1798.100 et seq. and all other applicable laws or regulations relating to processing personal information that may exist in the relevant jurisdiction.
B. “Business”, “Business Purpose,” “Consumer,” “Person”, “Personal Information”, “Sells”, “Service Provider,” and “Third Party” shall have the meanings outlined in the CCPA.
C. All other defined terms shall have the meanings outlined in the Agreement.
2) Terms:
A. The parties agree that a member is a private person or a business, and FUN is its service provider concerning this CDPA and personal information processed during FUN’s provision of the services outlined in the Agreement.
B. The parties agree to comply at all times with the applicable provisions of the CCPA regarding the collection, transmission, and processing of all personal Information exchanged or shared under the Agreement.
C. The subject matter of processing personal Information covered by this CCPA is the Services ordered by the member through FUN and provided by FUN to the member as set out in the Agreement.
D. FUN certifies that it understands the restrictions outlined in section 1798.140 (w)(2)(A) of the CCPA and will comply with them.
E. FUN shall not sell personal information.
F. In respect of personal information processed in the course of providing the services, FUN:
- shall process personal information only per the documented instructions from member (as set out in this CCPA or the Agreement or as otherwise notified by member to FUN from time to time)
- provided FUN may process personal information for business purposes under the CCPA or another applicable law or regulation; and
- in such cases, FUN will inform members of such requirement before the processing unless that law prohibits this on substantial grounds of public interest;
- may hire other companies to provide limited services on its behalf, provided that FUN complies with the provisions of this clause.
- subcontractors will be permitted to process personal Information only to deliver the services.
G. FUN remains responsible for its subcontractors’ compliance with the obligations of this CCPA and
H. FUN shall ensure that any subcontractors to whom FUN transfers personal information will have entered into written agreements with FUN requiring that the subcontractor abides by terms substantially similar to this CCPA and
I. shall reasonably assist the member with its obligation to respond to requests from consumers under the CCPA (including requests for information relating to the processing and requests relating to access, rectification, erasure, or portability of the personal information) provided that FUN reserves the right to reimbursement from Member for the reasonable cost of any time, expenditures or fees incurred in connection with such assistance.
3. Miscellaneous:
A. Except as expressly provided in this CCPA, the parties intend no amendment or modification of the Agreement or in such other addendum or supplement the parties may have signed.
B. Any notice provided under this CCPA to member shall be emailed to the email associated with member’s account.
C. This CCPA supplements the terms of the Agreement.
D. In the event of any conflict between this CCPA and the Agreement regarding the processing of consumers’ personal information, the terms of this CCPA shall control.
E. In the event a court of competent jurisdiction contrary to the law holds any provision of this CCPA.
F. In that case, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original condition to the fullest extent permitted by law, and the remaining provisions of this CCPA shall remain in full force and effect.
G. No waiver under this CCPA will be valid or binding unless it is outlined in writing and duly executed by the party against whom it’s necessary.
H. Any such waiver will constitute a waiver only concerning the specific matter described therein and will not impair the rights of the party granting such waiver in any other respect or at any additional time. Any delay or forbearance by either party in exercising any right hereunder will not be deemed a waiver of that right.