Coaching Collective
Data Processing Addendum
Last updated May 5, 2025
This Data Processing Addendum (“DPA”) is governed by and part of the Coaching Collective Terms of Use (the “Agreement”) between Coaching Collective (“Coaching Collective,” “us” or “we”) and you as a Coach. Terms not defined herein shall have the meaning as set forth in the Agreement. BY EXECUTING THE AGREEMENT, CLIENT AGREES TO THIS DPA. This DPA takes effect on the effective date of the Agreement and governs the Processing of Personal Data pursuant to the Agreement.
1. Definitions
a. “Applicable Laws” means all laws, rules, regulations, licensing requirements, and orders applicable to the subject matter herein, including without limitation Data Protection Laws.
b. "Business", "Sell", “Share”, and "Service Provider"; shall have the meanings given
to them in the CCPA and other Data Protection Laws, as applicable.
c. “Consumer” means the natural person to whom the Personal Data relates.
d. “Data Protection Laws” means all applicable United States federal, state, and local legislation relating to data protection and privacy that apply to the Processing Personal Data under the Agreement, including without limitation California Civil Code Sec. 1798.100 et seq., also known as the California Consumer Privacy Act of 2018, as amended (“CCPA”) and other U.S. state laws governing consumer privacy and data protection; in each case as amended, superseded, or replaced from time to time.
e. “Instructions” means the written, documented instructions issued by Coach to Coaching Collective, and directing Coaching Collective to perform a specific or general action with regard to Personal Data for the purpose of providing the Services to Coach.
f. “Personal Data” means any information relating to an identified or identifiable individual where such information is protected similarly as personal data, personal information, or personally identifiable information under applicable Data Protection Laws, and that is provided to Coaching Collective by Coach or otherwise Processed by Coaching Collective on behalf of Coach pursuant to the Agreement.
g. “Personal Data Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data. “Personal Data Breach” does not include unsuccessful attempts or activities that do not compromise the security of Personal Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems.
h. “Sub-Processor” means any entity that provides Processing services to Coaching Collective in furtherance of Coaching Collective’s Processing of Personal Data on behalf of Coach pursuant to the Agreement.
2. Term and Duration. The term of this DPA shall follow the term of the Agreement.
Coaching Collective will Process Personal Data for the duration of the Agreement, unless
otherwise agreed in writing.
3. Nature, Purpose, and Subject Matter. The nature, purpose, and subject matter
of Coaching Collective’s Processing activities performed as part of the Services are set out in
the Agreement.
4. Personal Data Processing. The Parties acknowledge and agree that, with
respect to Processing Personal Data, Coach is the Controller or Business and Coaching
Collective is the Processor or Service Provider, in each case as those terms are defined in
applicable Data Protection Laws. The Personal Data that may be processed may relate to
Coach’s clients, customers, or other end users of the Coach’s services (“Clients”) as described
in the Agreement. Categories of Personal Data Processed may include identifiers, employment
information, commercial history, internet and similar information, as well as sensitive information
or other Personal Data that Client chooses to include when interacting with the Services.
Coaching Collective shall Process Personal Data only for the purposes described in the
Agreement (including this DPA) or as otherwise agreed and within the scope of Coach’s lawful
Instructions, except where and to the extent otherwise required by Applicable Law. The Parties
agree that the Agreement (including this DPA), together with Coach's use of the Services in
accordance with the Agreement, constitute Coach’s complete and final Instructions to Coaching
Collective in relation to the Processing of Personal Data, and additional Instructions outside the
scope of the Instructions shall require prior written agreement between Coaching Collective and
Coach. Coaching Collective shall inform Coach if, in Coaching Collective’s opinion, an
Instruction violates applicable Data Protection Laws and, where necessary, cease all
Processing until Coach issues new Instructions with which Coaching Collective is able to
comply. If this provision is invoked, Coaching Collective will not be liable to Coach under the
Agreement for any failure to perform the Services until such time as Coach issues new lawful
Instructions.
5. Limitations of Processing. The Parties agree that Coaching Collective will
Process Personal Data as a Service Provider or Controller strictly for the business purpose of
performing the Services under the Agreement and as set forth in Coaching Collective’s Privacy
Notice posted to the Coaching Collective website. The Parties agree that Coaching Collective
shall not: (a) Sell or Share the Personal Data Coaching Collective Processes as a Processor or
Service Provider to Coach; (b) retain, use, or disclose Personal Data for Coaching Collective’s
own commercial purpose except as permitted by the Agreement and applicable Data Protection
Laws; or (c) retain, use, or disclose Personal Data that Coaching Collective Processes as a
Processor or Service Provider to Coach outside of the direct business relationship between
Coach and Coaching Collective. Coaching Collective hereby certifies that it understands and will
comply with the restrictions of this Section 5.
6. Confidentiality. Coaching Collective shall ensure that any Coaching Collective
personnel who Processes Personal Data is subject to appropriate confidentiality obligations
(whether a contractual or statutory duty) with respect to that Personal Data. Additionally,
Coaching Collective shall take reasonable steps to ensure that its personnel and others
engaged to perform on its behalf comply with the terms of the Agreement.
7. Coach Responsibilities. Coach shall take sole responsibility for: (a) the
accuracy, quality, and legality of Personal Data and the means by which Coach acquires such
data; (b) complying with all necessary transparency and lawfulness requirements under
applicable Data Protection Laws for the collection and use of Personal Data, including obtaining
any necessary consents and authorizations; (c) ensuring Coach has the right to transfer or
provide access to the Personal Data to Coaching Collective for Processing in accordance with
the Agreement (including this DPA); (d) ensuring that Coach’s Instructions to Coaching
Collective regarding the Processing of Personal Data comply with Applicable Laws; and (e)
using the Services in compliance with all Applicable Laws. Coach shall inform Coaching
Collective without undue delay if it is not able to comply with this Section 7 or applicable Data
Protection Laws. For the avoidance of doubt, Coaching Collective is not responsible for
compliance with any Data Protection Laws applicable to Coach or Coach's industry that are not
generally applicable to Coaching Collective.
8. Not a Sale or Sharing of Personal Data. The Parties agree that Coach does not Sell or Share the Personal Data that Coaching Collective Processes on behalf of Coach to Coaching Collective because, as a Service Provider or Processor, Coaching Collective may only use Personal Data for the purposes of providing the Services to Coach.
9. Sub-Processors. Coach agrees that Coaching Collective may engage Sub-
Processors to Process Personal Data. Coaching Collective shall impose data protection terms
on its Sub-Processors that provide at least the same level of protection for Personal Data as
those in this DPA, to the extent applicable to the nature of the Services provided by such Sub-
Processors. Coaching Collective will remain responsible for each Sub-Processor’s compliance
with the obligations of this DPA and for any acts or omissions of such Sub-Processor that cause
Coaching Collective to breach any of its obligations under this DPA. A list of current Sub-
Processors is available to Coach upon reasonable written request to Coaching Collective.
10. Location of Processing. Coach acknowledges and agrees that the Services are
provided in the United States only and that Personal Data will be transferred to and Processed
by Coaching Collective in the United States and to other jurisdictions where Coaching
Collective’s Sub-Processors have operations.
11. Security. Coaching Collective shall maintain appropriate technical and
organizational security measures designed to protect against unauthorized or accidental
access, loss, alteration, disclosure or destruction of Personal Data, taking into account the state
of the art and costs of implementation and the nature, scope, context and purposes of
Processing, the risks that are presented by Processing and likelihood and severity for the rights
and freedoms of natural persons. Upon request, Coaching Collective shall provide Coach with a
summary of Coaching Collective’s security policies applicable to the Services.
12. Personal Data Breach. Coaching Collective will notify Coach without undue
delay after Coaching Collective becomes aware of a Personal Data Breach and will provide
timely information relating to such Personal Data Breach as it becomes known or as reasonably
requested by Coach. At Coach’s request, Coaching Collective will promptly provide Coach with
commercially reasonable assistance as necessary to enable Coach to notify authorities and/or
affected Consumers, if Coach is required to do so under Data Protection Laws.
13. Privacy Requests. To the extent that Coach is unable to independently address
a Consumer request to exercise their rights under applicable Data Protection Laws ("Privacy
Request") through the Services, upon Coach’s written request, Coaching Collective shall
provide reasonable assistance to Coach to respond to any Privacy Requests or requests from
data protection authorities relating to the Processing of Personal Data under the Agreement.
Coach shall reimburse Coaching Collective for the actual costs incurred by Coaching Collective
as the result of providing such assistance. Coaching Collective will promptly inform Coach if a
Privacy Request or other communication regarding the Processing of Personal Data under the
Agreement is made directly to Coaching Collective. Coach shall be solely responsible for
facilitating any such Privacy Requests or communications involving Personal Data.
14. Deletion or Return of Personal Data. At the expiry of termination of the
Agreement, Coaching Collective will, at Coach's option and request, delete or return to Coach
all Personal Data Processed pursuant to this DPA in accordance with Coach’s reasonable
Instructions. The requirements of this Section 14 shall not apply to the extent that Coaching
Collective is required by Applicable Law to retain some or all of the Personal Data, or to
Personal Data Coaching Collective has archived on back-up systems, which data Coaching
Collective shall securely isolate and protect from any further Processing and delete in
accordance with Coaching Collective’s deletion practices.
15. Data Protection Impact Assessment and Prior Consultation. To the extent
Coaching Collective is required under applicable Data Protection Law, Coaching Collective shall
(at Coach's expense) provide reasonably requested information regarding Coaching Collective’s
Processing of Personal Data under the Agreement to enable Coach to carry out data protection
impact assessments or prior consultations with data protection authorities as required by law.
16. Demonstration of Compliance. Upon Coach's written request and with at least
thirty (30) days’ notice (or a shorter period if permitted by Applicable Law), Coaching Collective
shall make available to Coach on a confidential basis all information reasonably necessary and
allow for and contribute to audits to demonstrate Coaching Collective’s compliance with this
DPA, provided that Coach shall not exercise this right more than once per year. Such audits
shall be solely in the form of information relating to the Processing under this DPA as provided
by documents and interviews with Coaching Collective information technology employees and
subcontractors or applicable third parties. No access to any part of Coaching Collective’s
information system, data hosting sites or centers, or infrastructure will be permitted. Coach or
Coach’s designated and professionally qualified agent may carry out such audit. Coach must
conduct all audits (a) during normal business hours; (b) according to Coaching Collective’s
security and confidentiality terms and guidelines; and (c) taking reasonable measures
necessary to prevent unnecessary disruption to Coaching Collective’s operations. Coach shall
be responsible for all costs and expenses arising from audits, including the actual costs and
expenses of Coaching Collective in complying with an audit request. Coach shall take all
reasonable measures to limit any impact on Coaching Collective by combining several
information or audit requests in one single request.
17. Miscellaneous. Coach represents that it is authorized to, and hereby agrees to,
enter into and be bound by this DPA for and on behalf of itself and each of its affiliates and
subsidiaries, thereby establishing a separate DPA between Coaching Collective and Coach and
each of Coach’s affiliates and subsidiaries subject to the Agreement, as applicable. The
limitations of liability set forth in the Agreement shall apply to Coaching Collective’s liability
arising out of or relating to this DPA, taken in the aggregate along with the Agreement and any
other agreement between the Parties. In case of any conflict or inconsistency with the terms of
the Agreement, this DPA shall take precedence over the terms of the Agreement to the extent of
such conflict or inconsistency. If any individual provisions of this DPA are determined to be
invalid or unenforceable, the validity and enforceability of the other provisions of this DPA shall
not be affected. Coaching Collective may periodically update this DPA; Coach will be informed
of any modification by email, alert on the Services, or other means.
The Coaching Collective
Brandi Oldham
Brandi Oldham, Founder