Privacy & Consent Terms & Conditions

1. Introduction

This Privacy & Consent Terms & Conditions Agreement (“Agreement”) establishes the terms between Ryan Davis LLC, operating as WebOps Hosting (“WebOps,” “we,” “us,” or “our”), and the customer (“Customer,” “you,” or “your”).

This Agreement is supplemental to the WebOps General Terms and Conditions, Acceptable Use Policy (AUP), and Privacy Policy. By ordering, subscribing to, or utilizing our Privacy & Consent services, you expressly agree to accept and be bound by the terms outlined in this document. In the event of a conflict between these terms and the General Terms and Conditions specifically regarding privacy compliance services, these terms shall take precedence.

2. Service Description

The WebOps Privacy & Consent service is designed to assist customers in navigating and adhering to complex global data protection laws, including but not limited to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other applicable regional privacy frameworks.

The service encompasses a suite of offerings which may include privacy impact assessments, customized policy creation, ongoing compliance monitoring, infrastructure auditing, and expert consultation regarding data handling practices.

3. Scope of Services

Depending on the specific Privacy & Consent plan or package purchased, WebOps may provide the following services:

• Privacy Impact Assessments (PIAs): Evaluating current data workflows to identify privacy risks and compliance gaps.
• Policy & Procedure Development: Assisting in the drafting of external privacy policies, internal data handling procedures, and cookie consent mechanisms.
• Monitoring & Auditing: Ongoing evaluation of server environments and data storage practices to ensure continued alignment with privacy frameworks.
• Incident Response Consultation: Guidance on procedures for managing data subject access requests (DSARs) and data breach notification protocols.
• Training: Providing materials and guidance for training customer staff on data protection best practices.

The exact scope of services will be detailed in your specific service order or statement of work.

4. Customer Responsibilities

To ensure the efficacy of the Privacy & Consent service, the Customer agrees to:

• Provide accurate, complete, and timely information regarding your business operations, data collection methods, and processing activities.
• Diligently implement the policies, technical safeguards, and procedures recommended by WebOps.
• Cooperate fully during assessments, audits, and inquiries conducted as part of the service.
• Promptly notify WebOps of any significant changes to business operations, new data collection practices, or expansion into new geographic markets.
• Maintain your own accurate records of processing activities as required by applicable laws.

5. Data Processing Agreement (DPA)

If, in the course of providing any WebOps services (including but not limited to hosting and privacy compliance), WebOps acts as a Data Processor of Personal Data (as defined by GDPR) on behalf of the Customer (the Data Controller), the WebOps Data Processing Addendum (DPA) shall apply.

The terms of the WebOps DPA are hereby incorporated into this Agreement by reference and form an integral part of our legal commitment to data protection.

6. Limitations of Service

Customer acknowledges and agrees that while WebOps provides expert guidance, technical tools, and recommendations, the ultimate responsibility for legal and regulatory compliance rests entirely with the Customer.

WebOps is not a law firm and does not provide legal advice. Our services, templates, and consultations do not establish an attorney-client relationship. WebOps makes no warranty or guarantee that utilizing our Privacy & Consent services will result in full compliance with any specific law or regulation, nor do we guarantee immunity from regulatory audits, inquiries, or fines.

7. Service Availability

WebOps targets continuous availability for any automated compliance monitoring tools included in your plan. However, the service may be occasionally unavailable for necessary maintenance, updates, or technical troubleshooting.

WebOps will make commercially reasonable efforts to provide advance notice of any planned downtime that may impact your access to compliance dashboards or reporting tools.

8. Limitation of Liability

In addition to the liability limitations set forth in the General Terms and Conditions, WebOps shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the Privacy & Consent service.

This includes, without limitation, liability for any regulatory fines, penalties, legal fees, or damages resulting from data breaches, governmental investigations, or third-party claims alleging non-compliance with privacy laws. In no event shall WebOps’ total liability under this Agreement exceed the total fees paid by the Customer for the Privacy & Consent service during the twelve (12) months immediately preceding the event giving rise to the claim.

9. Termination

Either party may terminate the Privacy & Consent service by providing thirty (30) days written notice to the other party.

WebOps reserves the right to terminate or suspend the service immediately and without prior notice in the event of a material breach of this Agreement, the AUP, or failure to pay service fees. Upon termination, all outstanding fees for services rendered through the termination date shall become immediately due and payable.

10. Governing Law & Jurisdiction

This Agreement and any disputes arising out of or related to the Privacy & Consent service shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. The exclusive jurisdiction and venue for any legal action shall be the state and federal courts located in Delaware.

11. Amendments

WebOps reserves the right to modify, amend, or update these Privacy & Consent Terms & Conditions at any time. Any changes will be posted on the WebOps website with an updated “Last Updated” date.

Your continued use of the Privacy & Consent service following the posting of any changes constitutes your acceptance of such changes. If you do not agree to the amended terms, you must terminate the service in accordance with Section 9.

12. Contact Information

If you have any questions, concerns, or require assistance regarding these Privacy & Consent Terms or our services, please contact us through the following channels: