This Data Processing Addendum (“Addendum”) supplements the Terms of Service, located at https://www.activecampaign.com/tos/ (the “Agreement”), between Friends and Allies (“Client”) and ActiveCampaign, LLC (“Company”), is dated as of the date of last signature of a party below, and is hereby incorporated by reference into the Agreement. All capitalized terms not otherwise defined in this Addendum will have the meaning given to them in the Agreement. In the event of any inconsistency or conflict between this Addendum and the Agreement, this Addendum will govern. Client and Company agree as follows:
Security Breach. If Company becomes aware of any actual Security Breach (defined below), Company will take commercially reasonable efforts to, without undue delay: (a) notify Client of the Security Breach and any third-party legal processes relating to the Security Breach; and (b) help Client investigate, remediate, and take any action required under Applicable Law regarding the Security Breach. “Security Breach” means any unlawful or accidental loss, destruction, alteration, or unauthorized Processing of Personal Information under Company’s possession or control. The obligations in this Section do not apply to incidents that are caused by Client or Client’s personnel or users.
Return or Destruction of Personal Information. Upon written request by Client or when Company no longer is required to Process Personal Information to fulfill its obligations under the Agreement, Company will use commercially reasonable efforts to (a) cease all use of Personal Information; and