Privacy Compliance Terms & Conditions
1. Introduction
These Privacy Compliance Terms & Conditions ("Agreement") are entered into by and between Ryan Davis, LLC, trading as WebOps Hosting ("WebOps Hosting", "we", "us", or "our"), and the customer ("you" or "your"). This Agreement governs your purchase and use of the Privacy Compliance services ("Services") provided by WebOps Hosting and is supplemental to the General Terms and Conditions, including the Acceptable Use Policy and the Privacy Policy. The ordering of Privacy Compliance Services from WebOps Hosting constitutes acceptance by the customer of the General Terms and Conditions and these Privacy Compliance Terms and Conditions.
2. Service Description
WebOps Hosting offers Privacy Compliance services designed to help your business comply with applicable privacy regulations, including but not limited to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other relevant data protection laws. These Services include assessments, policy creation, ongoing monitoring, and consultation to ensure that your data processing activities meet legal requirements.
3. Scope of Services
The Services provided under this Agreement may include, but are not limited to:
- Privacy impact assessments (PIAs) to identify and mitigate privacy risks in your data processing activities.
- Development and implementation of privacy policies and procedures tailored to your business needs.
- Ongoing monitoring and auditing of your privacy practices to ensure continued compliance with relevant laws.
- Consultation and guidance on responding to data subject requests and handling data breaches.
- Training and education for your staff on privacy best practices and regulatory requirements.
The specific Services you receive will be outlined in your service plan and may vary based on the level of privacy compliance support you have selected.
4. Customer Responsibilities
To ensure the effectiveness of the Privacy Compliance services, you agree to:
- Provide accurate and complete information about your data processing activities and business practices.
- Implement the recommended privacy policies and procedures as advised by WebOps Hosting.
- Cooperate with WebOps Hosting during privacy assessments, audits, and monitoring activities.
- Promptly notify WebOps Hosting of any changes in your business practices or data processing activities that may affect your privacy compliance.
- Maintain records of data processing activities as required by applicable laws and regulations.
5. Data Processing Agreement (DPA)
If WebOps Hosting processes personal data on your behalf as part of the Services, the terms of our Data Processing Agreement (DPA) will apply. The DPA outlines the obligations of both parties regarding the processing of personal data, including data security measures, breach notification, and compliance with applicable data protection laws. The DPA is incorporated into this Agreement by reference and is available upon request.
6. Limitations of Service
WebOps Hosting provides guidance and tools to assist you in achieving privacy compliance; however, ultimate responsibility for compliance with privacy laws and regulations remains with you. WebOps Hosting does not guarantee that the Services will result in full compliance with all applicable laws, as this depends on various factors, including your implementation of recommended practices and changes in regulatory requirements.
7. Service Availability
WebOps Hosting strives to ensure continuous availability of the Privacy Compliance services. However, the Services may be temporarily unavailable due to scheduled maintenance, upgrades, or unforeseen circumstances. WebOps Hosting will make reasonable efforts to notify you of any planned downtime in advance.
8. Limitation of Liability
To the maximum extent permitted by law, WebOps Hosting shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the Privacy Compliance services, including but not limited to regulatory fines, loss of business, revenue, profits, or data, even if advised of the possibility of such damages. Our total liability under this Agreement shall not exceed the amount paid by you for the Services in the 12 months preceding the event giving rise to the claim.
9. Termination
Either party may terminate this Agreement at any time by providing 30 days' written notice to the other party. WebOps Hosting may also terminate this Agreement immediately if you breach any of the terms of this Agreement or fail to pay the applicable fees. Upon termination, WebOps Hosting will cease providing the Services, and you will remain responsible for any fees due through the termination date.
10. Governing Law & Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to its conflict of law principles. Any disputes arising out of or in connection with this Agreement shall be resolved in the courts of Delaware.
11. Amendments
We reserve the right to modify these terms and conditions at any time. Any changes will be posted on our website, and your continued use of the Services constitutes acceptance of the modified terms.
12. Contact Information
If you have any questions or concerns about this Agreement, please visit our Contact Page.
