‍CCPA Addendum

This CCPA Addendum (the “Addendum”) is made by and between Bluebird CX, Inc. (“Bluebird”) and Customer. This Addendum is incorporated into and forms part of the Standard Terms and Conditions (“Agreement”) between the parties and applies where Bluebird processes Customer Personal Information on behalf of Customer pursuant to the Agreement. This Addendum is effective for the term of the Agreement. Capitalized terms used, but not defined, herein will have the meanings set forth in the Agreement. This Addendum shall control in the event of any inconsistencies between this Addendum and the Agreement. 

1. Definitions.

1. “Business” has the meaning given that term under the CCPA.
2. “CCPA” means the California Consumer Privacy Act, as may be amended from time to time, and any rules or regulations implementing the foregoing.
3. “Customer Personal Information” means any information Customer provides to Bluebird that relates to or could reasonably be associated with a California resident or household.
4. “Service Provider” means an entity that receives Personal Information (as defined under the CCPA) and is prohibited from retaining, using, selling, or disclosing such information other than in connection with providing the Bluebird Technology. 

1. CCPA. 

1. The parties agree that, for purposes of the CCPA, Customer is a Business and Bluebird is a Service Provider. Customer represents and warrants that it will only provide or make Customer Personal Information available to Bluebird in compliance with the CCPA. 
2. Bluebird shall not (1) retain, use, or disclose Customer Personal Information other than as provided for in the Agreement, as needed to provide the Bluebird Technology, to build or improve the quality of the Bluebird Technology, to detect security incidents, to protect against fraudulent or illegal activity, to employ subcontractors that qualify as Service Providers, or as otherwise permitted by the CCPA; or (2) sell such Customer Personal Information. 
3. Notwithstanding anything else in this Addendum or in the Agreement, Customer agrees that Bluebird, its affiliates, and each of their directors, officers, employees, agents, representatives, successors and assigns will not be liable under the Agreement for any claim arising from any action or omission by Bluebird that resulted from the Customer’s instructions or from Customer’s failure to comply with its obligations under the CCPA.