Technology Agreement Addendum
This Rental Agreement Addendum (“Addendum”) hereby forms part of the Technology Agreement (“Agreement”) between: (i) Aetrex Worldwide, Inc. (“Aetrex”) and Company, and is incorporated by reference into same.
The terms used in this Addendum shall have the meanings set forth in this Addendum. Except as modified below, the terms of the Agreement shall remain in full force and effect.
In consideration of the mutual obligations set out herein, the parties hereby agree that the terms and conditions set out below shall be added as an addendum to the Agreement. Except where the context requires otherwise, references in this Addendum to the Agreement are to the Agreement as amended by, and including, this Addendum.
1.1 In this Addendum, the following terms shall have the meanings set out below and cognate terms shall be construed accordingly:
1.1.1 “Personal Information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular resident of California or a household located in California;
1.1.2 “Deidentified Information” means information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly to a particular person or household;
1.1.3 “Process” or “Processing” means any operation or set of operations which is performed on Personal Information or on sets of Personal Information, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction;
1.1.4 “Services” means the services and other activities to be supplied to or carried out by or on behalf of Vendor for Aetrex pursuant to the Agreement;
1.2 The word “include” shall be construed to mean include without limitation, and cognate terms shall be construed accordingly.
2. Processing of Personal Information
2.1 Company shall determine the purpose and means of any Processing of Personal Information pursuant to the Agreement and this Addendum.
2.2 Aetrex shall only Process Personal Information, if at all, on behalf of Company for Company’s business purposes pursuant to the terms of the Agreement and this Addendum.
2.3 Aetrex shall not retain, use, or disclose any Personal Information acquired pursuant to the Agreement and this Addendum for any purpose other than to perform Services pursuant to the terms of the Agreement and this Addendum, unless otherwise required by law.
3. Processing of Deidentified Information
3.1 Aetrex may Process any Deidentified Information it acquires pursuant to the terms of the Agreement and this Addendum for any lawful purpose, whether or not it relates to the performance of Services pursuant to the terms of the Agreement and this Addendum.