CCPA Vendor Contract

The following terms apply if service provider receives or has access to Personal Information in connection with the performance of this Agreement.  “Personal Information” means information made available or provided by Down Racing, L.P. (“Mohegan”) that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual, consumer or household, including such information regarding Mohegan’s current, former and prospective customers, employees, vendors and subcontractors.

Service provider agrees that it will not (1) sell the Personal Information for monetary or other consideration, including as the term “sell” is defined under the California Consumer Privacy Act (CCPA), (2) retain, use, or disclose the Personal Information exchanged under this Agreement for any purpose other than for the specific purpose of performing the services specified in the Agreement, including retaining, using, or disclosing the Personal Information for a commercial purpose other than providing the services specified in this Agreement, or (3) retain, use, or disclose the Personal Information outside of the direct business relationship between the parties.  Service provider certifies that it understands these restrictions and will comply with them.

Service provider will comply with all applicable data protection, privacy and security laws when collecting, storing, accessing, using, processing, maintaining, or disclosing Personal Information, including but not limited to the CCPA (“Applicable Law”).

Service provider will promptly assist Mohegan in taking whatever actions are necessary for Mohegan to comply with Applicable Law, including responding to complaints or requests from individuals regarding their Personal Information and government orders or requests.