Last Updated: January 26, 2024

BambooHR Terms of Service, which can be found here (the "Agreement”), shall remain in full force and effect to the extent they are not inconsistent with this CCPA Addendum. The terms of this CCPA Addendum shall otherwise supersede any such inconsistent terms under the Agreement. Any capitalized terms used but not defined herein have the same meaning as the same or substantially equivalent term in Agreement or the CCPA.

Recitals

A. Customer is subject to the California Consumer Privacy Act, as amended by the California Privacy Rights Act, and its implementing regulations (“CCPA”) and has subscribed to the Agreement for the receipt of certain services from BambooHR as described in the Agreement (the “Services”). In delivering the Services under the Agreement, BambooHR may process Personal Information controlled by the Customer.

B. To comply with CCPA, Customer must ensure the appropriate protection of Personal Information when Customer engages Service Providers. Accordingly, Customer's engagement of BambooHR is conditioned upon BambooHR’s agreement to the terms and conditions of this CCPA Addendum.

Addendum

1. As defined under the CCPA and for purposes of this Addendum, BambooHR is a Service Provider, and Customer is a Business. Customer appoints BambooHR as Service Provider to process and store the Personal Information of prospective employees, employees, or independent contractors for the purpose of providing the Services in accordance with the Agreement, which includes the following business purposes under the CCPA:
   1. Helping to ensure security and integrity to the extent the use of the consumer's personal information is reasonably necessary and proportionate for these purposes.
   2. Debugging to identify and repair errors that impair existing intended functionality.
   3. Performing services on behalf of the business, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing analytic services, providing storage, or providing similar services on behalf of the business.
   4. Undertaking internal research for technological development and demonstration.
2. Each Party is responsible for compliance with their obligations under the CCPA. Customer will ensure that Customer has provided notice and has obtained (or shall obtain) all consents and rights necessary under the CCPA for BambooHR to process and store Personal Information for the Services.
3. BambooHR will notify Customer if BambooHR determines that BambooHR is unable to comply with the CCPA. Customer may take reasonable and appropriate steps, at Customer’s cost, to ensure that BambooHR is complying with CCPA obligations with respect to the Personal Information processed under the Agreement. BambooHR grants Customer the right to stop and remediate unauthorized use of Customer’s Personal Information. BambooHR will make information available to demonstrate compliance with the CCPA.
4. BambooHR will only process and store Personal Information as a Service Provider according to the documented instructions in the Agreement and Customer’s configuration of the Services or as otherwise necessary to provide the Services, which include the Business Purposes (the “Purpose”). BambooHR will not process or store the Personal Information for any other purpose except to the extent permitted by the CCPA.
5. BambooHR will not sell or share Customer’s Personal Information or retain, use, or disclose the information (i) for any purpose other than the Purpose, including retaining, using, or disclosing Customer’s Personal Information for a commercial purpose other than the Purpose, or as otherwise permitted by the CCPA; or (ii) outside of the direct business relationship between BambooHR and Customer.
6. BambooHR also agrees to not combine or update Personal Information that BambooHR has collected pursuant to the Agreement with Personal Information that BambooHR received from another source or collected from our own interactions with the Consumer, unless expressly permitted under the CCPA.
7. BambooHR will direct Consumers to submit privacy rights requests under the CCPA to Customer or promptly forward requests that BambooHR receives to Customer for review and determination of the response. If necessary, BambooHR will use reasonable efforts to assist Customer with carrying out the response or enable Customer to comply with the privacy rights request under the CCPA. If Customer receives any correspondence, inquiry, or complaint from a Consumer, the California Attorney General, the California Privacy Protection Agency or other regulator in connection with processing of the Personal Information under this Agreement. Customer will provide BambooHR with a copy of the communication, if Customer is permitted to do so under the law. BambooHR will provide reasonable assistance as necessary for Customer’s response.
8. Customer authorizes us to engage any other person to assist in processing Personal Information for the Purposes under the Agreement, including but not limited to the subcontractors listed here. Through this list, BambooHR informs Customers of the engagement of these subcontractors. BambooHR will ensure that our engagement of these subcontractors will be pursuant to a written Agreement binding these subcontractors with materially compliant terms under the CCPA.

Contact Information.

If you have any questions about the Service or this Agreement, you may call us at 801-724-6600, email us at [email protected], or write to us at:

Bamboo HR LLC
BambooHR Payroll LLC
ATTN: Legal
335 South 560 West
Lindon, UT 84042-1911

BambooHR® is a registered trademark of Bamboo HR LLC. © Bamboo HR LLC 2008-2024. All rights reserved.