Testimonial Boost LLC is committed to safeguarding the personal data of its users and customers in compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). Each member agrees to uphold these standards to mitigate legal risks and protect the company’s reputation.
2. Data Protection Officer (DPO)
If required by GDPR, Testimonial Boost LLC will designate a Data Protection Officer (DPO) responsible for overseeing data protection strategy and implementation. The DPO, if appointed, will also serve as the contact for any regulatory authority inquiries and customer data requests.
The members will select a DPO, either from within the LLC or as an external contractor, by a majority vote.
3. Member Responsibilities
Each member of the LLC must ensure that their actions and decisions related to data collection, processing, and storage comply with GDPR and CCPA requirements.
Each member agrees to educate themselves on GDPR and CCPA requirements, particularly regarding customer consent, data retention, and user rights.
Any development, marketing, or data processing activity that could potentially impact customer data privacy must be reviewed and approved by all members, ensuring compliance with GDPR and CCPA.
4. Customer Data and Privacy Rights
GDPR Requirements:
Testimonial Boost LLC will obtain explicit consent from EU-based users before collecting or processing their personal data.
The LLC must provide users with the right to access, modify, and delete their data upon request. Members are responsible for establishing a system to handle these requests promptly and ensuring that all third-party tools and services comply with GDPR.
CCPA Requirements:
For California-based users, Testimonial Boost LLC will notify users of data collection practices and grant users the right to opt out of data selling/sharing practices if applicable.
Members must ensure users can access, request deletion of, or opt out of the sale of their personal information in accordance with CCPA requirements.
5. Data Security Protocols
Testimonial Boost LLC will implement industry-standard data security measures to protect against data breaches, unauthorized access, and data loss.
Each member is responsible for ensuring that data handling practices, including encryption, access control, and data backup, align with GDPR and CCPA guidelines.
In the event of a data breach, members must follow established data breach notification protocols, including notifying users and regulatory bodies where required within 72 hours.
6. Third-Party Vendor Compliance
When engaging third-party services (e.g., for cloud storage, analytics, or payment processing), Testimonial Boost LLC will ensure that vendors are compliant with GDPR, CCPA, and any other applicable privacy laws.
Each member must vet vendors and conduct due diligence to confirm their compliance before entering into any service agreements.
7. Audit and Documentation
Testimonial Boost LLC will maintain documentation of data protection policies, procedures, and any updates made to comply with new or evolving data protection laws.
Members agree to participate in regular internal audits to verify compliance with GDPR, CCPA, and other relevant laws, with any necessary corrective action implemented immediately.
8. Liability and Indemnification
Each member agrees to assume liability for any breaches or non-compliance arising from their actions or decisions regarding data protection.
Members agree to indemnify the LLC for any legal fees, fines, or damages arising from individual non-compliance with GDPR, CCPA, or other applicable data protection laws.
9. Amendments to Compliance Policies
Testimonial Boost LLC will periodically review and update its data protection policies to remain in compliance with evolving regulations. Any amendments to this Data Protection and Compliance Clause require unanimous approval from all members.
