Application of Standard Contractual Clauses Sample Clauses

Application of Standard Contractual Clauses. The Standard Contractual Clauses in Attachment 1 (the “Standard Contractual Clauses”) and the additional terms in Section 7 will apply to the Processing of EU Personal Data by Conga in the course of providing services: 7.1.1 Notwithstanding anything to the contrary in this DPA, the Standard Contractual Clauses apply only to Personal Data that is transferred from the European Economic Area (EEA) and/or Switzerland and the United Kingdom to outside the EEA and Switzerland or the United Kingdom, either directly or via onward transfer, to any country or recipient: (i) not recognized by the European Commission as providing an adequate level of protection for personal data (as described in the EU Data Protection Directive or its successors), and (ii) not covered by a suitable framework recognized by the relevant authorities or courts as providing an adequate level of protection for personal data, including but not limited to Binding Corporate Rules for Processors. 7.1.2 The Standard Contractual Clauses apply to (i) the legal entity that has executed the Standard Contractual Clauses as a Data Exporter and, (ii) all Affiliates (as defined in the Agreement) of You established within the European Economic Area (EEA) and Switzerland or the United Kingdom that have purchased the Service on the basis of an Order Form. For the purpose of the Standard Contractual Clauses and this Section 7, the aforementioned entities shall be deemed “Data Exporters”.

Application of Standard Contractual Clauses. The Standard Contractual Clauses in Attachment 1 and the additional terms in this Section 9 will apply to the Processing of Personal Data by Xactly in the course of providing the Services: 9.1.1 The Standard Contractual Clauses apply only to Personal Data that is transferred from the European Economic Area (EEA) to outside the EEA, either directly or via onward transfer, to any country or recipient: (i) not recognized by the European Commission as providing an adequate level of protection for personal data (as described in the EU Data Protection Directive), and (ii) not covered by a suitable framework recognized by the relevant authorities or courts as providing an adequate level of protection for personal data, including but not limited to Binding Corporate Rules for Processors. 9.1.2 The Standard Contractual Clauses apply to (i) the legal entity that has executed the Standard Contractual Clauses as a Data Exporter and, (ii) all Affiliates of Customer established within the European Economic Area (EEA) and Switzerland that have purchased Services on the basis of an Ordering Document. For the purpose of the Standard Contractual Clauses and this Section 9, the aforementioned entities shall be deemed “Data Exporters”.

Application of Standard Contractual Clauses. (a) Module Two (Transfer Controller to Processor) of the Standard Contractual Clauses and the additional terms in this clause 9 will apply to Processing of Personal Data that is transferred f rom within the EEA, the United Kingdom (subject to Attachment 4 – UK Addendum to the EU Standard Contractual Clauses), Switzerland (Subject to Attachment 5 – Switzerland Addendum to the EU Standard Contractual Clauses), or any other jurisdiction which accepts the Standard Contractual Clauses (subject to Section 9.2(e) below), either directly or via onward transfer, to any recipient (i) not located in a country recognised by the European Commission or the UK Government as applicable as providing an adequate level of protection for Personal Data or (ii) not covered by a f ramework recognised by the relevant authorities or courts as providing an adequate level of protection for Personal Data, including but not limited to Binding Corporate Rules or the Trans-Atlantic Data Privacy Framework (each such recipient, a “Third Country Recipient”). (b) The Standard Contractual Clauses shallbe deemed executed by virtue of deemed acceptance by conduct of the Principal Agreement by Supplier providing the Services and Customer paying for such Services in accordance with the purchase order to which the Princ ipal Agreement is attached, by: (i) Customer and/or any Affiliate to whom Supplier provides the Services that transfers Personal Data to a Third Country Recipient (the “Data Exporter”); and (ii) Supplier or other relevant Third Country Recipient (the “Data Importer”). . (c) The Standard Contractual Clauses shall constitute a separate agreement between each Data Exporter and Data Importer. If so required by Data Privacy Laws, the parties shall execute or re-execute the Standard Contractual Clauses as separate documents setting out the proposed transfers of Personal Data in such manner as may be required by Data Privacy Laws. (d) The parties agree to amend the Standard Contractual Clauses if required in accordance with a relevant European Commission or UK/Swiss government decision or Data Privacy Laws. Nothing in this DPA or the Agreement shall contradict, directly or indirectly, the Standard Contractual Clauses, or prejudice the fundamental rights or freedoms of Data Subjects. In the event of such a contradiction, the Standard Contractual Clauses shall prevail. (e) Where the Standard Contractual Clauses apply to a transfer of Personal Data from any other jurisdiction which accepts ...

Application of Standard Contractual Clauses. The Standard Contractual Clauses in Attachment 1 and the additional terms in Section 7 will apply to the Processing of Personal Data by Conga in the course of providing Services as follows: 7.1.1 Notwithstanding anything to the contrary in this DPA, the Standard Contractual Clauses apply only to Personal Data that is transferred from the EEA, Switzerland, and/or the United Kingdom to outside the EEA, Switzerland, and/or the United Kingdom, either directly or via onward transfer, to any country or recipient: (i) not recognized by the European Commission as providing an adequate level of protection for personal data (as described in the GDPR), and (ii) not covered by a suitable framework (e.

Application of Standard Contractual Clauses. The Standard Contractual Clauses in Attachment 1 and the additional terms in this Section 8 will apply to the Processing of Personal Data by Vendor in the course of providing Services as follows: 8.1.1 Notwithstanding anything to the contrary in this DPA, the Standard Contractual Clauses apply only to Personal Data that is transferred from the EEA and/or Switzerland and the United Kingdom to outside the EEA and Switzerland or the United Kingdom, either directly or via onward transfer, to any country or recipient: (i) not recognized by the European Commission as providing an adequate level of protection for personal data (as described in the EU Data Protection Directive or its successors), and (ii) not covered by a suitable framework (e.

Application of Standard Contractual Clauses. Subject to Section 12.3, the Standard Contractual Clauses will only apply to Customer Data that is transferred, either directly or via onward transfer, to any Third Country, (each a “Data Transfer”). 12.2.1 When Customer is acting as a controller, the Controller-to-Processor Clauses will apply to a Data Transfer. 12.2.2 When Customer is acting as a processor, the Processor-to-Processor Clauses will apply to a Data Transfer. Taking into account the nature of the processing, Customer agrees that it is unlikely that AWS will know the identity of Customer’s controllers because AWS has no direct relationship with Customer’s controllers and therefore, Customer will fulfil AWS’s obligations to Customer’s controllers under the Processor-to-Processor Clauses.

Application of Standard Contractual Clauses. The Standard Contractual Clauses will only apply to Customer Data that is transferred, either directly orvia onward transfer, to any Third Country, (each a “Data Transfer”).

Application of Standard Contractual Clauses. Subject to Section 10.3, the Standard Contractual Clauses (Controller-to- Processor) will only apply to Customer Data that is transferred, either directly or via onward transfer, to any Third Country, (each a "Data Transfer").

Application of Standard Contractual Clauses. The Standard Contractual Clauses in Attachment 1 and the additional terms in this Section 9 will apply to the Processing of Personal Data by Xactly in the course of providing the Services as follows: 9.1.1 The Standard Contractual Clauses apply only to Personal Data that is transferred from the European Union, the European Economic Area and their member states, Switzerland, and the United Kingdom, either directly or via onward transfer, to (i) any country that does not ensure an adequate level of data protection within the meaning of applicable Data Protection Laws and Regulations of the foregoing territories, to the extent such transfers are subject to such applicable Data Protection Laws and Regulations (ii) to any recipient which is not subject to other binding obligations, code of conduct or certification as determined to be sufficient by the relevant data protection authority or (iii) any recipient not covered by a suitable framework recognized by the relevant authorities or courts as providing an adequate level of protection for personal data, including but not limited to Binding Corporate Rules for Processors. 9.1.2 The Standard Contractual Clauses apply to (i) the legal entity that has executed the Standard Contractual Clauses as a Data Exporter and, (ii) all Affiliates of Customer established within the European Union, the European Economic Area and their member states, Switzerland, and the United Kingdom that have purchased Services on the basis of an Ordering Document. For the purpose of the Standard Contractual Clauses and this Section 9, the aforementioned entities shall be deemed “Data Exporters”. 9.1.3 If Xactly adopts any new or successor version of the Standard Contractual Clauses issued pursuant to applicable Data Protection Laws and Regulations, such new version shall supersede and replace Attachment 1 as of the effective date of such updated Standard Contractual Clauses.