Data Processing Addendum

Data Processing Addendum

Last Updated: June 13, 2025

The Data Processing Addendum (“Addendum”) on this page supplements and forms part of the Terms and Conditions or other contractual relationship (collectively, the “Agreement”) between Scale To Win (“STW”) and any party that provides or makes available Personal Data to STW in connection with the access or use of the STW platform, services or tools (“Customer”). This Addendum governs the Processing of any Personal Data provided to, accessed by, or collected by STW on behalf of any Customer.  By using our services or providing or making available Personal Data to STW, Customer agrees to the terms of this Addendum. In the event of a conflict between the Addendum and any agreement executed between STW and Customer, this Addendum will control exclusively with respect to Customer Personal Data.

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Definitions

• “Applicable Privacy Laws” means, solely to the extent applicable to the services provided by STW under the Agreement and the Personal Data processed by STW on behalf of Customer, the text communication and data privacy laws and regulations of any legally binding United States state or federal authority that are directly applicable to STW in its role as a data processor or service provider. For the avoidance of doubt, Applicable Privacy Laws shall not include any laws that do not apply to STW based on its processing activities, geographic location, or the nature of the services it provides. 
• “Personal Data” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
• “Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available.  The terms “Process,” “Processes,” and “Processed” shall have the same meaning.
• “Customer Personal Data” means Personal Data that is provided or made available by or on behalf of Customer to STW in connection with the performance of services by STW.

Scope of Processing  

STW Processes Personal Data for the purposes of providing the STW text messaging or dialer platform services to Customer and Customer’s text message or call recipients (the “Business Purpose”), and the duration of the Processing will be for the duration of the Agreement (or as otherwise defined in the Agreement). The types of Customer Personal Data subject to the Processing are set forth below. 

Details of Processing 

Customer is a “business” or “controller” and STW is a “Service Provider” or “Processor” as those terms are defined under Applicable Privacy Laws. STW Processes Customer Personal Data solely for purposes as described in the Agreement, including to communicate with Customer’s supporters and encouraging participation in Customer political events, programs, and campaign-related activities. 

STW processes Personal Data of the following categories of data subjects: 

• Individuals identified by Customer. Individuals provided by Customer for political engagement, including those whose information is obtained from voter registration databases, public records, or other third party data providers.
• Campaign Staff and Volunteers. Customer’s employees, contractors, or personnel and individuals who assist with Customer’s operations.
• Donors and other Supporters. Individuals who have contributed to, interacted with, or supported a Customer’s campaign, including those who have opted to receive text messages or other communications. 

STW processes the following categories of Personal Data in connection with services provided under the Agreement on behalf of a Customer: 

• Identifiers such as an individual’s name, email address, phone number, or STW platform username. 
• Communication information such as text message or call history and responses (if applicable), contact source, or campaign affiliation. 
• Professional, employment, or educational information. 

Compliance  

Customer and STW will comply with the legally binding sections of Applicable Privacy Laws.  Upon Customer’s reasonable written request, STW will make available to Customer information necessary to demonstrate STW has used Personal Data in compliance with Applicable Privacy Laws.  STW shall notify Customer in the event STW determines that it cannot comply with Applicable Privacy Laws or this Addendum. Upon such notice or in the event Customer otherwise becomes aware of unauthorized Processing of Customer Personal Data, Customer may take reasonable and appropriate steps to stop and remediate the unauthorized processing.  

Personal Data Processing

Customer discloses Personal Data to STW solely for the Business Purpose and STW will Process Customer Personal Data solely for the Business Purpose, except where otherwise required or permitted by law.      To the extent restricted by Applicable Privacy Law, STW will not  (1) retain, use, or disclose Customer Personal Data (i) for any purpose or commercial purpose other than the Business Purpose specified in this Addendum or the Agreement or (ii) outside the direct business relationship between STW and Customer or (2) sell Customer Personal Data or share Customer Personal Data for targeted online advertising.  

Customer Obligations

Customer represents and warrants that it will only provide or make available to STW Customer Personal Data for which it has a valid legal basis to collect, use, disclose, and process under Applicable Privacy Laws and the guidance and regulations issued by relevant regulators, such as the Federal Election Commission (FEC) and the Federal Communication Commission (FCC). Customer shall ensure that all Personal Data is disclosed or transferred to STW in compliance with Applicable Privacy Laws, including by obtaining opt-in consents or providing legally required disclosures and notices to data subjects. Customer further represents and warrants that all communication campaigns will be conducted in a manner that does not mislead recipients or violate consumer protection laws. STW has no obligation to independently verify the lawfulness of the Personal Data provided by Customer or the legality of the content or format of any Customer-directed messages. STW relies on Customer’s compliance with this Section. 

Subprocessors

Customer acknowledges and agrees that STW engages Subprocessors to assist STW in providing services that may include processing Personal Data. A current list of Subprocessors is available at www.scaletowin.com/subprocessors. STW may update this list from time to time to reflect Subprocessor changes. Before engaging a new Subprocessor to process Personal Data, STW shall provide notice to Customer by updating the Subprocessor list at least ten (10) business days in advance of such engagement and Customer may object to the engagement of the Subprocessor during such 10-day period if Customer reasonably believes Subprocessor’s processing of Personal Data would materially violate Applicable Privacy Laws. STW agrees that its engagement of any Subprocessor shall be pursuant to a written contract that contains restrictions on Processing that are consistent with the applicable provisions of the Applicable Privacy Laws.

Responsibility for Consumer Rights Requests

STW does not monitor, moderate, or evaluate the content of communications exchanged between Customer and recipients of Customer communications using the STW text message platform. STW functions solely as a conduit for transmitting communications, including when STW provides We Text or other services in addition to access to its platform. Customer remains solely responsible for reviewing and responding to any messages, replies, or inquiries received through the STW platform, including any consumer rights request and ensuring that any consumer rights requests are fulfilled in a timely and compliant manner.

Return or Deletion

As a default, STW retains Customer Personal Data in its sole discretion based on its reasonable business needs and legal requirements. At the end of STW’s provision of services to Customer under the Agreement, STW will, at the written request of Customer, securely return or delete all Customer Personal Data, unless STW is required to retain such Customer Personal Data. 

Term

The term of this Addendum begins as of the date of the Agreement and will end upon the termination of the Agreement.

Contact

For questions about this Addendum, please contact us by email at info@scaletowin.com or write to us at: 

Scale to Win

Attn:  Data Processing Addendum

1791 N Ridgewood St

Orange, CA 92865

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