RollWorks Contact Data Services Addendum
Effective April 21, 2020
To see our prior Contact Data Services Addendum, click here.
This Contact Data Services Addendum ("Addendum") supplements the NextRoll Terms of Service (www.nextroll.com/terms) and, together with all applicable Service Addenda and Order Forms (collectively, the "Agreement"), governs Customer’s use of the Contact Data Services. All capitalized undefined terms used in this Addendum shall have the same meanings assigned to them in the Terms of Service. If there is a conflict between this Addendum and the Terms of Service, this Addendum will govern with respect to the conflicting term only.
- Additional Definitions
- "Licensed Contact Data"" means information regarding an individual, such as an email address, first and last name, address, or telephone number that is purchased by Customer in connection with the Contact Data Services.
- Description of Services
Customer may use the Contact Data Services to purchase Licensed Contact Data for direct marketing activities ("Contact Data Service").
- Grant of Rights
Subject to the terms of the Agreement, NextRoll hereby grants to Customer a limited, revocable, worldwide, non-exclusive, non-transferable, non-sublicensable right and license to use and access the Contact Data Services, which among other things, allows Customer to access and use Licensed Contact Data for Customer’s own direct marketing activities. Customer is not permitted to access or use the Contact Data Services for any purpose other than for Customer’s own business purpose. Customer is also not permitted to license, sell, transfer, assign, distribute, lease, or otherwise commercially exploit the Contact Data or Contact Data Services.
- Additional Data Privacy Terms
If Customer uses Licensed Contact Data in connection with NextRoll’s Engagement Services (for example, to send emails, or for targeted campaigns) then NextRoll will be considered a “Service Provider,” as defined under the CCPA, and a “Processor,” as defined under GDPR, with respect to the processing of such Licensed Contact Data on Customer’s behalf solely for purpose of delivering those Engagement Services. Notwithstanding the above, NextRoll shall remain a “business,” for purposes of the CCPA, and an independent (rather than joint) “Controller,” for purposes of the GDPR, with respect to the manner in which (and terms by which) NextRoll procures, models, stores, and creates products or datasets from the Licensed Contact Data.
- Additional Obligations under Applicable Law
In addition to Customer’s obligations under the Terms of Service, Customer shall be solely responsible for its use of Licensed Contact Data and the Contact Data Services and compliance with Applicable Law, including without limitation: (a) Controlling the Assault of Non-Solicited Pornography And Marketing law in the U.S. ("CAN SPAM"), (b) Canadian Anti-Spam Law ("CASL") and (c) Australian Spam Act 2003, as well as any other applicable national, provincial, state or local laws and regulations relating to privacy, data protection, marketing and electronic communications.