Applies to every Organization, Salesperson, designer, and other Professional (each, a "Business Customer") that uses the Services to process information about its own clients, leads, team members, or contractors.
A.1 Business use. Business Customers use the Services for business purposes and are not "consumers" under these Terms, except where non-waivable law provides otherwise.
A.2 Customer Data. "Customer Data" means Personal Information about a Business Customer's own clients, prospective clients, leads, contractors, and personnel that the Business Customer (or its team members) enters into, uploads to, or collects through the Services, including information Clients and Contractors submit in the portals of the Business Customer's projects. As between the parties, the Business Customer controls Customer Data.
A.3 ModulaTech as service provider. With respect to Customer Data, ModulaTech acts as the Business Customer's "service provider" (and, where applicable, "contractor" or "processor") under the California Consumer Privacy Act ("CCPA") and similar laws. ModulaTech will:
(a) process Customer Data only to provide, secure, support, and maintain the Services for the Business Customer, and for the other business purposes permitted for service providers under Cal. Civ. Code §1798.140(e) and 11 CCR §7050 (including improving the Services, provided ModulaTech does not use Customer Data to build profiles for or provide services to another business);
(b) not sell or share Customer Data (as those terms are defined in the CCPA), and not retain, use, or disclose it outside the direct business relationship with the Business Customer or for any purpose other than the business purposes specified here;
(c) not combine Customer Data with Personal Information ModulaTech receives from or on behalf of others, or collects from its own interactions with consumers, except as permitted by law;
(d) comply with applicable obligations of the CCPA and provide the same level of privacy protection the CCPA requires;
(e) notify the Business Customer if ModulaTech can no longer meet its obligations;
(f) allow the Business Customer to take reasonable and appropriate steps to stop and remediate unauthorized use;
(g) assist the Business Customer in responding to consumer requests (for example, by providing export and deletion tools);
(h) use sub-processors (listed in our Privacy Policy) bound by written terms at least as protective; and
(i) notify the Business Customer without undue delay after becoming aware of a security breach affecting Customer Data.
A.4 De-identified and aggregated data from Customer Data. The Business Customer authorizes ModulaTech to de-identify and aggregate Customer Data, in accordance with Section 15.3 of the Terms and applicable law, and to use the resulting De-identified Data and Aggregated Data as described in Section 15 (including commercializing it), because such data is no longer Personal Information. ModulaTech will not sell, license, or disclose Customer Data in identifiable form for any third party's own use, and will not use Customer Data to generate leads or market to the Business Customer's clients.
A.5 Business Customer responsibilities. The Business Customer represents, warrants, and covenants that:
(a) it has provided all notices (including any notice at collection) and obtained all consents required by law to collect Customer Data and to have ModulaTech process it as described in these Terms, including sending emails and text messages to clients and contractors through the Services;
(b) it has the right, and has obtained any homeowner permission needed, to grant ModulaTech the showcase and marketing license in Section 14.3 of the Terms for Design Content from its projects (or will opt those projects out);
(c) it will comply with all laws applicable to its business, including contractor licensing (Cal. Bus. & Prof. Code §7000 et seq.), home improvement contract requirements (§7159 et seq.), consumer protection, privacy, anti-spam, and telemarketing laws;
(d) it is responsible for its team members' access, roles, and permissions, and for removing access of departing personnel; and
(e) it will not upload sensitive personal information (for example, Social Security numbers, financial account numbers, health information, or government ID numbers) unless needed and permitted by law.
A.6 Organization ownership of data. Data created within an Organization belongs to the Organization. When a team member leaves, the Organization keeps the Organization's projects; projects a Salesperson created privately remain the Salesperson's.
A.7 Business-to-business liability. For Business Customers, the cap in Section 23.3 of the Terms is the fees paid by the Business Customer in the 12 months before the claim.
A.8 Signed DPA. On request, ModulaTech will sign a standalone data processing addendum with substantially these terms.