Last Modified: April 22, 2020
This U.S. Data Processing Addendum (this "U.S. Addendum") forms a part of and is attached to the Infront X Master Services Agreement for Corebine services, Corebine PaaS Agreement, iX Engage Terms of Service, and/or ProSuite SaaS Agreement, or any other respective Infront X master services agreement or statement of work applicable (individually and collectively, the “Agreement”) between Infront X, LLC, a Delaware limited liability company (“Infront X”), and you, the person or entity, who engages Infront X for the Services pursuant to an Agreement (“Client”). All capitalized terms not defined herein shall have the meaning set forth in the Agreement.
HOW THIS U.S. ADDENDUM APPLIES TO CLIENT AND ITS AFFILIATES
If the Client entity signing this U.S. Addendum is a party to the Agreement, this U.S. Addendum is an addendum to and forms part of the Agreement. In such case, the Infront X entity that is party to the Agreement is party to this U.S. Addendum.
If the Client entity signing this U.S. Addendum has executed an Order Form with Infront X or its Affiliate pursuant to the Agreement, but is not itself a party to the Agreement, this U.S. Addendum is an addendum to that Order Form and applicable renewal Order Forms, and the Infront X entity that is party to such Order Form is party to this U.S. Addendum.
If the Client entity signing this U.S. Addendum is neither a party to an Order Form nor the Agreement, this U.S. Addendum is not valid and is not legally binding. Such entity should request that the Client entity who is a party to the Agreement executes this U.S. Addendum.
This U.S. Addendum applies to the extent that Infront X processes Personal Information (as defined below) as agreed upon by the parties in the Agreement (the "Functions").
"CCPA" means the California Consumer Privacy Act, Cal. Civ. Code §1798.100 et seq., and its implementing regulations.
"Infront X" means the Infront X entity which is a party to this U.S. Addendum, as specified in the section "How this U.S. Addendum Applies to Client and its Affiliates" above, being Infront X, LLC, a company formed in Delaware and/or Infront X, A.G., a company constituted under the laws of Switzerland, as applicable.
"Personal Information" means any Client Data that relates to an identified or identifiable natural person, to the extent that such information is protected as "personal data" or "personal information" (or an analogous variation of such terms) under applicable U.S. Data Protection Laws.
"Service Provider" has the meaning set forth in Section 1798.140(v) of the CCPA.
"U.S. Data Protection Laws" means all laws and regulations of the United States of America, including the CCPA, applicable to the processing of Personal Information under the Agreement.
The parties acknowledge and agree that Infront X is a Service Provider and receives Personal Information pursuant to the business purpose of providing the Functions to Client in accordance with the Agreement. For the avoidance of doubt, Infront X shall not: (i) sell Personal Information; (ii) retain, use, or disclose Personal Information for any purpose other than for the specific purpose of performing the Functions, including retaining, using or disclosing Personal Information for a commercial purpose other than providing the Functions; and (iii) retain, use, or disclose Personal Information outside of the direct business relationship between Client and Infront X. Infront X certifies that Infront X understands the restrictions in this Section 3 and will comply with them in accordance with the requirements of applicable U.S. Data Protection Laws.