Consent to Communication and Data Exchange Agreement
Consent to Communication and Data Exchange Agreement
This Consent to Communication and Data Exchange Agreement (hereinafter referred to as the “Agreement”) is executed and comes into effect as of [Insert Date], by and between [Insert Your Company Name], herein referred to as the “Company,” a corporation duly organized and existing under the laws of the State of California, with its principal place of business located at [Insert Your Company Address], and [Insert Recipient’s Name], herein referred to as the “Recipient,” an individual whose domicile is at [Insert Recipient’s Address].
Recitals
WHEREAS, the Company is actively engaged in the realm of [Insert Business Nature], necessitating regular and diverse interactions with a broad spectrum of stakeholders, including, but not limited to, clients, prospective clients, business partners, suppliers, regulatory authorities, and other pertinent entities;
WHEREAS, the Recipient has demonstrated a clear interest in engaging in comprehensive communications with the Company, which may encompass, without limitation, electronic mail, text messages, telephonic conversations, video conferencing, social media interactions, and other forms of digital and non-digital communication methodologies (hereinafter collectively referred to as the “Communications”);
WHEREAS, the necessity for such Communications arises from various business imperatives, including but not limited to promotional activities, service notifications, transactional updates, legal disclosures, market research, and other business-related endeavors;
WHEREAS, both the Company and the Recipient are mutually inclined to delineate the terms and conditions governing such Communications to ensure clarity, compliance, and mutual understanding;
NOW, THEREFORE, in light of the foregoing premises, and in consideration of the mutual promises, covenants, and conditions herein contained, the adequacy and sufficiency of which are hereby acknowledged, the parties to this Agreement mutually agree as follows:
- Consent to Communicate
1.1. The Recipient hereby irrevocably grants permission to the Company, including its subsidiaries, affiliates, legal representatives, successors, and assigns, to initiate Communications related to [Insert Purpose of Communications], through a multitude of channels including, but not limited to, email, text messages, telephone calls, social media platforms, and other permissible electronic and non-electronic means, in accordance with prevailing legal standards.
1.2. The Recipient affirms that the provision of this consent is made voluntarily and is not contingent upon any present or future purchase, service engagement, or contractual agreement with the Company.
- Compliance with Legal Standards
2.1. The Company commits to conducting all Communications with the Recipient in strict adherence to the legal and regulatory frameworks of the State of California, inclusive of the California Consumer Privacy Act (CCPA), the Telephone Consumer Protection Act (TCPA), and all other relevant federal, state, and local statutes and regulations that govern such Communications.
2.2. The Recipient acknowledges the Company’s unwavering commitment to legal compliance and ethical conduct in its Communications, ensuring that all such interactions are executed with the highest degree of legality and professional integrity.
- Modification and Withdrawal of Consent
3.1. The Recipient reserves the right to modify or withdraw this consent unilaterally at any time, through written notification to the Company, specifying the extent and nature of the modification or withdrawal. The Company shall effectuate such modifications or cessation of Communications promptly, subject to remaining compliant with any continuing legal or regulatory obligations.
- Legal and Jurisdictional Provisions
4.1. This Agreement is governed by and construed in alignment with the laws of the State of California, irrespective of its conflicts of laws principles.
4.2. Exclusive jurisdiction for any disputes, legal actions, or proceedings arising from or related to this Agreement or the Communications shall reside in the federal or state courts located in [Insert Specific Location], California. Both parties irrevocably consent to the jurisdiction and venue of these courts for such purposes.
- Comprehensive Agreement and Enforceability
5.1. This Agreement embodies the full and entire understanding between the parties concerning the subject matter herein, superseding all prior negotiations, agreements, and understandings, both oral and written.
5.2. Should any provision of this Agreement be deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, such finding shall not impact the validity, legality, or enforceability of the remaining provisions, which shall continue in full force and effect.
- Data Collection and Usage
6.1. The Company shall be entitled to collect, process, and use the data exchanged in the course of Communications for purposes including, but not limited to, improving service delivery, conducting market analysis, and fulfilling legal obligations. Such data handling shall be conducted in compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR) where applicable.
6.2. The Recipient consents to the storage and processing of their data on servers located within and outside the jurisdiction of their domicile, provided such locations ensure an adequate level of protection for the rights and freedoms of data subjects as per prevailing data protection regulations.
- Security Measures
7.1. The Company commits to implementing appropriate technical and organizational measures to ensure a level of security appropriate to the risk of unauthorized access, accidental loss, destruction, or alteration of the data exchanged during Communications.
7.2. The Recipient acknowledges that, despite the Company’s efforts to secure data, absolute security cannot be guaranteed, and therefore, the Recipient agrees to hold the Company harmless for any data breaches that occur beyond the reasonable control of the Company.
- Confidentiality
8.1. Both parties agree to maintain the confidentiality of all proprietary or sensitive information exchanged during Communications, unless required to disclose such information by law or legal process. The confidentiality obligations herein shall survive the termination of this Agreement.
8.2. The Recipient agrees not to disclose any proprietary information, trade secrets, or confidential data of the Company to any third party without the express written consent of the Company.
- Indemnification
9.1. The Recipient agrees to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and successors from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with the Recipient’s breach of this Agreement, misuse of the Communications, or violation of any applicable laws.
9.2. The Company shall promptly notify the Recipient of any such claim, and the Recipient shall have the right to control the defense and settlement of any such claim, provided that any settlement that adversely affects the Company shall require the Company’s prior written consent.
- Termination
10.1. Either party may terminate this Agreement with or without cause by providing thirty (30) days written notice to the other party. Upon termination, the Company shall cease all Communications with the Recipient, except as necessary to comply with ongoing legal or regulatory obligations.
10.2. Termination of this Agreement shall not relieve either party of any obligations or liabilities accrued prior to the effective date of termination, nor shall it affect any provisions of this Agreement which are intended to survive termination.
IN WITNESS WHEREOF, the parties have caused this Consent to Communication and Data Exchange Agreement to be duly executed as of the day and year first above written.
[Insert Your Company Name]
By: ___________________________
Name: _________________________
Title: __________________________
Date: __________________________
[Insert Recipient’s Name]
By: ___________________________
Name: _________________________
Title: __________________________
Date: __________________________