California Data Privacy Addendum | Legal | Mixpanel

California Data Privacy Addendum

Last updated January 1, 2023

 This California Data Privacy Addendum (“CDPA”) forms part of the Master Services Agreement or Terms of Use available at https://mixpanel.com/terms/ (as applicable, the “Agreement”), by and between Customer (as defined in the Agreement) and Mixpanel, Inc., and its affiliates (collectively, “Mixpanel”), pursuant to which Customer has accessed Mixpanel’s Application Services as defined in the applicable Agreement.

By signing an Agreement or agreeing to the Terms of Use available at https://mixpanel.com/terms/, Mixpanel and Customer hereby agree to comply with the following provisions with respect to any Consumer’s Personal Information:

  1. Definitions
    1.   “CCPA” means the California Consumer Privacy Act of 2018 as set forth in California Civil Code § 1798.100 et seq. and as amended by the California Privacy Rights Act of 2020, together with the regulations promulgated pursuant thereto, in each case, as amended from time to time.
    2.    “Business,” “Business Purpose,” “Consumer,” “Person,” “Personal Information,” “Sell,” “Service Provider,” and “Third Party” shall have the meanings set forth in the CCPA.
    3.    “Personal Information” means Personal Information (as defined in the Agreement) that constitutes “personal information” under the CCPA.
    4.    All other defined terms shall have the meanings set forth in the Agreement.
  2. Terms
    1.   The terms of this CDPA shall take effect on January 1, 2023 and continue on concurrently for so long as Mixpanel Processes Customer’s Personal Information
    2.    The parties agree that Customer is a “Business” and Mixpanel is its “Service Provider” in relation to this CDPA and Mixpanel’s Processing of Personal Information under the Agreement. The parties agree to comply at all times with the provisions of the CCPA applicable to their respective obligations as Business and Service Provider, in respect to the Processing of Personal Information;
    3.    The Business Purpose for which Mixpanel is Processing Personal Information is to provide Customer with analytics about the use of Customer’s web and/or mobile applications pursuant to the Agreement and for Mixpanel to perform its obligations and exercise its rights thereunder. The parties agree that Customer is disclosing the Personal Information to Mixpanel only for such limited and specified purposes as described in the Agreement;
    4.    The mandatory contractual rights and restrictions explicitly required to be granted by and imposed on Service Providers under the CCPA as set forth in Cal. Civ. Code §1798.100(d) and Cal. Civ. Code § 1798.140(ag)(1) are hereby deemed granted by and incorporated into this CDPA and Mixpanel agrees to comply with them, provided that Customer’s compliance monitoring rights under Cal. Civ. Code § 1798.140(ag)(1)(D) are limited to those described in Section 2.5;
    5.    Customer’s exercise of its rights described in Section 2.4 shall be at its sole cost and expense. Customer agrees that its right to take reasonable and appropriate steps to help to ensure that Mixpanel uses Personal Information consistent with Customer’s CCPA obligations shall be limited to the right to receive, upon written request, (a) third-party certifications and audit reports on Mixpanel’s security, privacy and architecture or (b) Mixpanel’s responses to industry-standard written audit questionnaires. Assessment of such requests may be carried out by Customer or an inspection body designated by Customer that uses an appropriate and accepted control standard or framework and procedure for such assessment and is composed of independent members subject to a duty of confidentiality with respect to information obtained in the course of such assessment. Any such body will provide Customer with a report of its assessment upon request, which Customer may use only for compliance purposes and which will constitute confidential information of both parties subject to the confidentiality terms of the Agreement. For the avoidance of doubt no access to any part of Mixpanel’s information technology systems, data hosting sites or centers, or its infrastructure will be permitted as part of such requests. Mixpanel reserves the right to reimbursement from Customer for the reasonable cost of any time, expenditures or fees incurred in connection with such assistance;
    6.     Mixpanel may hire subcontractors to provide limited services on its behalf, provided that Mixpanel remains responsible for its subcontractors’ compliance with the obligations of this CDPA, and Mixpanel shall ensure that any subcontractors to whom Mixpanel transfers Personal Information will have entered into written agreements with Mixpanel requiring that the subcontractor abide by terms substantially similar to this CDPA; and
    7.     Mixpanel shall reasonably assist Customer with its obligation to respond to requests from Consumers to exercise their rights under the CCPA; provided that Mixpanel reserves the right to reimbursement from Customer for the reasonable cost of any time, expenditures or fees incurred in connection with such assistance.
  3. Miscellaneous
    1.   Except as expressly provided in this CDPA, the parties intend no amendment or modification of the Agreement or in such other addendum or supplement which may have been signed by the parties.
    2.    Any notice to be provided under this CDPA to Customer shall be sent via email to the email address associated with Customer’s account.
    3.    This CDPA supplements the terms of the Agreement. In the event of any conflict between this CDPA and the Agreement regarding the processing of Consumers’ Personal Information, the terms of this CDPA shall control.
    4.    If any provision of this CDPA is held by a court of competent jurisdiction to be contrary to the law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this CDPA shall remain in full force and effect.
    5.    No waiver under this CDPA will be valid or binding unless set forth in writing and duly executed by the party against whom enforcement of such waiver is sought. Any such waiver will constitute a waiver only with respect to the specific matter described therein and will in no way impair the rights of the party granting such waiver. Any delay or forbearance by either party in exercising any right hereunder will not be deemed a waiver of that right.