Common use of Personal Data Transfers Clause in Contracts

Personal Data Transfers. 7.1 Personal Data held in Your Cloud Services environment will be hosted in the data center region specified in the Cloud Services Agreement or otherwise selected by You. Oracle will not migrate Your Cloud Services environment to a different data center region without Your prior written authorization. 7.2 Without prejudice to Section 7.1, Oracle may access and Process Personal Data on a global basis as necessary to perform the Cloud Services, including for IT security purposes, maintenance and performance of the Cloud Services and related infrastructure, Cloud Services technical support and Cloud Service change management. 7.3 To the extent such global access involves a transfer of Personal Data originating from the European Economic Area (“EEA”) or Switzerland to Oracle Affiliates or Third Party Subprocessors located in countries outside the EEA or Switzerland that have not received a binding adequacy decision by the European Commission or by a competent national EEA data protection authority, such transfers are subject to (i) the terms of the EU Model Clauses incorporated into this Data Processing Agreement by reference; or (ii) other binding and appropriate transfer mechanisms that provide an adequate level of protection in compliance with Applicable Data Protection Law, such as approved Binding Corporate Rules for Processors. For the purposes of the EU Model Clauses, You and Oracle agree that (i) You will act as the data exporter on Your own behalf and on behalf of any of Your entities, (ii) Oracle will act on its own behalf and/or on behalf of the relevant Oracle Affiliates as the data importers, (iii) any Third Party Subprocessors will act as ‘subcontractors’ pursuant to Clause 11 of the EU Model Clauses. 7.4 To the extent such global access involves a transfer of Personal Data originating from Argentina to Oracle Affiliates or Third Party Subprocessors located in countries outside Argentina that have not received a binding adequacy decision by the National Directorate for Personal Data Protection, such transfers are subject to (i) the terms of the Argentinean Model Clauses incorporated into this Data Processing Agreement by reference; or (ii) other binding and appropriate transfer mechanisms that provide an adequate level of protection in compliance with Applicable Data Protection Law. 7.5 Transfers of Personal Data originating from other locations globally to Oracle Affiliates or Third Party Subprocessors are subject to (i) for Oracle Affiliates, the terms of the Oracle Intra-Company Data Processing and Transfer Agreement entered into between Oracle Corporation and the Oracle Affiliates, which requires all transfers of Personal Data to be made in compliance with all applicable Oracle security and data privacy policies and standards; and (ii) for Third Party Subprocessors, the terms of the relevant Oracle Third Party Subprocessor agreement incorporating security and data privacy requirements consistent with the relevant requirements of this Data Processing Agreement. 7.6 The terms of this Data Processing Agreement shall be read in conjunction with the EU Model Clauses, the Argentinean Model Clauses and other applicable transfer mechanisms pursuant to this Section 7.

Personal Data Transfers. 7.1 7.1. Personal Data held in Your Cloud Services environment will be hosted in the data center region specified in the Cloud Services Agreement or otherwise selected by You. Oracle Arcserve will not migrate Your Cloud Services environment to a different data center region without Your prior written authorization. 7.2 7.2. Without prejudice to Section 7.1, Oracle Arcserve may access and Process Personal Data on a global basis as necessary to perform the Cloud Services, including for IT security purposes, maintenance and performance of the Cloud Services and related infrastructure, Cloud Services technical support and Cloud Service change management. 7.3 7.3. To the extent such global access involves a transfer of Personal Data originating from the European Economic Area (“EEA”) or Switzerland to Oracle Arcserve Affiliates or Third Party Subprocessors located in countries outside the EEA or Switzerland that have not received a binding adequacy decision by the European Commission or by a competent national EEA data protection authority, such transfers are subject to (i) the terms of the EU Model Standard Contractual Clauses incorporated into this Data Processing Protection Agreement by reference; or (ii) other binding and appropriate transfer mechanisms that provide provides an adequate level of protection in compliance with Applicable Data Protection Law, such as approved Binding Corporate Rules for Processors. For the purposes of the EU Model Standard Contractual Clauses, You and Oracle Arcserve agree that (i) You will act as the data exporter on Your own behalf and on behalf of any of Your entities, (ii) Oracle Arcserve will act on its own behalf and/or on behalf of the relevant Oracle Arcserve Affiliates as the data importers, (iii) any Third Party Subprocessors will act as ‘subcontractors’ pursuant to Clause 11 9 of the EU Model Standard Contractual Clauses. 7.4 7.4. To the extent such global access involves a transfer of Personal Data originating from Argentina to Oracle Arcserve Affiliates or Third Party Subprocessors located in countries outside Argentina that have not received a binding adequacy decision by the National Directorate for Personal Data Protection, such transfers are subject to (i) the terms of the Argentinean Model Clauses incorporated into this Data Processing Protection Agreement by reference; or (ii) other binding and appropriate transfer mechanisms that provide an adequate level of protection in compliance with Applicable Data Protection Law. 7.5 Transfers 7.5. To the extent such global access involves transfers of Personal Data originating from other locations globally outside of the EEA, Switzerland or Argentina to Oracle Arcserve Affiliates or Third Party Subprocessors Subprocessors, such transfers are subject to (i) for Oracle Affiliates, the terms of the Oracle Intra-Company Data Processing and Transfer Agreement entered into between Oracle Corporation and the Oracle AffiliatesArcserve Privacy Policy ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/about/privacy/, which requires all transfers of Personal Data to be made in compliance with all applicable Oracle Arcserve security and data privacy policies and standards; standards and (ii) all Applicable Data Protection Laws, including portions of those laws requiring specific enacted standard contractual clauses, which are incorporated herein by this reference, or other mechanisms approved by the applicable Supervisory Authority for the transfer of personal information outside of the applicable jurisdiction. 7.6. For Third Party Subprocessors, in addition to the requirements in Sections 7.3 – 7.5 above, as applicable, the terms of the relevant Oracle Arcserve Third Party Subprocessor agreement incorporating security and data privacy requirements consistent with the relevant requirements of this Data Processing AgreementProtection Agreement shall also apply. 7.6 7.7. The terms of this Data Processing Protection Agreement shall be read in conjunction with the EU Model Standard Contractual Clauses, the Argentinean Model Clauses and any other applicable transfer mechanisms pursuant to this Section 7.

Personal Data Transfers. 7.1 7.1. Personal Data held in Your Cloud Services environment will be hosted in the data center region specified in the Cloud Services Agreement or otherwise selected by You. Oracle Arcserve will not migrate Your Cloud Services environment to a different data center region without Your prior written authorization. 7.2 7.2. Without prejudice to Section 7.1, Oracle Arcserve may access Your login information, billing, sales contact information, marketing contact information, and Process Personal Data any other commercial contact information on a global basis as necessary to perform the Cloud Services, including for IT security purposes, maintenance and performance of the Cloud Services and related infrastructure, Cloud Services technical support and Cloud Service change management. Since Personal Data held in Your Cloud Services environment will be encrypted, Arcserve will not have access to the contents of your Personal Data or the ability to read and review the same. 7.3 7.3. To the extent such global access to the limited data identified above or any permitted relocation of the Personal Data held in Your Cloud Services environment involves a transfer of Personal Data originating from the European Economic Area (“EEA”) or Switzerland to Oracle Arcserve Affiliates or Third Party Subprocessors located in countries outside the EEA or Switzerland that have not received a binding adequacy decision by the European Commission or by a competent national EEA data protection authority, such transfers are subject to (i) the terms of the EU Model Standard Contractual Clauses incorporated into this Data Processing Protection Agreement by reference; or (ii) other binding and appropriate transfer mechanisms that provide provides an adequate level of protection in compliance with Applicable Data Protection Law, such as approved Binding Corporate Rules for Processors. For the purposes of the EU Model Standard Contractual Clauses, You and Oracle Arcserve agree that (i) You will act as the data exporter on Your own behalf and on behalf of any of Your entities, (ii) Oracle Arcserve will act on its own behalf and/or on behalf of the relevant Oracle Arcserve Affiliates as the data importers, (iii) any Third Party Subprocessors will act as ‘subcontractorssub-processors’ pursuant to Clause 11 9 of the EU Model Standard Contractual Clauses. 7.4 7.4. To the extent such global access involves a transfer of Personal Data originating from Argentina to Oracle Arcserve Affiliates or Third Party Subprocessors located in countries outside Argentina that have not received a binding adequacy decision by the National Directorate for Personal Data Protection, such transfers are subject to (i) the terms of the Argentinean Model Clauses incorporated into this Data Processing Protection Agreement by reference; or (ii) other binding and appropriate transfer mechanisms that provide an adequate level of protection in compliance with Applicable Data Protection Law. 7.5 Transfers 7.5. To the extent such global access involves a transfer of Personal Data originating from other locations globally outside of the EEA, Switzerland or Argentina to Oracle Arcserve Affiliates or Third Party Subprocessors Subprocessors, such transfers are subject to (i) for Oracle Affiliates, the terms of the Oracle Intra-Company Data Processing and Transfer Agreement entered into between Oracle Corporation and the Oracle AffiliatesArcserve Privacy Policy ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/legal/privacy/, which requires all transfers of Personal Data to be made in compliance with all applicable Oracle Arcserve security and data privacy policies and standards; standards and (ii) all Applicable Data Protection Laws, including portions of those laws requiring specific enacted standard contractual clauses, which are incorporated herein by this reference, or other mechanisms approved by the applicable Supervisory Authority for the transfer of personal information outside of the applicable jurisdiction. 7.6. For Third Party Subprocessors, in addition to the requirements in Sections 7.3 – 7.5 above, as applicable, the terms of the relevant Oracle Arcserve Third Party Subprocessor agreement incorporating security and data privacy requirements consistent with the relevant requirements of this Data Processing AgreementProtection Agreement shall also apply. 7.6 7.7. The terms of this Data Processing Protection Agreement shall be read in conjunction with the EU Model Standard Contractual Clauses, the Argentinean Model Clauses and any other applicable transfer mechanisms pursuant to this Section 7.

Personal Data Transfers. 7.1 7.1. Personal Data held in Your Cloud Services environment will be hosted in the data center region specified in the Cloud Services Agreement or otherwise selected by You. Oracle Arcserve will not migrate Your Cloud Services environment to a different data center region without Your prior written authorization. 7.2 7.2. Without prejudice to Section 7.1, Oracle Arcserve may access and Process Personal Data on a global basis as necessary to perform the Cloud Services, including for IT security purposes, maintenance and performance of the Cloud Services and related infrastructure, Cloud Services technical support and Cloud Service change management. 7.3 7.3. To the extent such global access involves a transfer of Personal Data originating from the European Economic Area (“EEA”) or Switzerland to Oracle Arcserve Affiliates or Third Party Subprocessors located in countries outside the EEA or Switzerland that have not received a binding adequacy decision by the European Commission or by a competent national EEA data protection authority, such transfers are subject to (i) the terms of the EU Model Clauses incorporated into this Data Processing Protection Agreement by reference; or (ii) other binding and appropriate transfer mechanisms that provide an adequate level of protection in compliance with Applicable Data Protection Law, such as approved Binding Corporate Rules for Processors. For the purposes of the EU Model Clauses, You and Oracle Arcserve agree that (i) You will act as the data exporter on Your own behalf and on behalf of any of Your entities, (ii) Oracle Arcserve will act on its own behalf and/or on behalf of the relevant Oracle Arcserve Affiliates as the data importers, (iii) any Third Party Subprocessors will act as ‘subcontractors’ pursuant to Clause 11 of the EU Model Clauses. 7.4 7.4. To the extent such global access involves a transfer of Personal Data originating from Argentina to Oracle Arcserve Affiliates or Third Party Subprocessors located in countries outside Argentina that have not received a binding adequacy decision by the National Directorate for Personal Data Protection, such transfers are subject to (i) the terms of the Argentinean Model Clauses incorporated into this Data Processing Protection Agreement by reference; or (ii) other binding and appropriate transfer mechanisms that provide an adequate level of protection in compliance with Applicable Data Protection Law. 7.5 7.5. Transfers of Personal Data originating from other locations globally outside of the EEA, Switzerland or Argentina to Oracle Arcserve Affiliates or Third Party Subprocessors are subject to (i) for Oracle Affiliates, the terms of the Oracle Intra-Company Data Processing and Transfer Agreement entered into between Oracle Corporation and the Oracle AffiliatesArcserve Privacy Policy ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/about/privacy/, which requires all transfers of Personal Data to be made in compliance with all applicable Oracle Arcserve security and data privacy policies and standards; and (ii) for Third Party Subprocessors, the terms of the relevant Oracle Arcserve Third Party Subprocessor agreement incorporating security and data privacy requirements consistent with the relevant requirements of this Data Processing Protection Agreement. 7.6 7.6. The terms of this Data Processing Protection Agreement shall be read in conjunction with the EU Model Clauses, the Argentinean Model Clauses and other applicable transfer mechanisms pursuant to this Section 7.

Personal Data Transfers. 7.1 7.1. Personal Data held in Your Cloud Services environment will be hosted in the data center region specified in the Cloud Services Agreement or otherwise selected by You. Oracle Arcserve will not migrate Your Cloud Services environment to a different data center region without Your prior written authorization. 7.2 7.2. Without prejudice to Section 7.1, Oracle Arcserve may access Your login information, billing, sales contact information, marketing contact information, and Process Personal Data any other commercial contact information on a global basis as necessary to perform the Cloud Services, including for IT security purposes, maintenance and performance of the Cloud Services and related infrastructure, Cloud Services technical support and Cloud Service change management. Since Personal Data held in Your Cloud Services environment will be encrypted, Arcserve will not have access to the contents of your Personal Data or the ability to read and review the same. 7.3 7.3. To the extent such global access to the limited data identified above or any permitted relocation of the Personal Data held in Your Cloud Services environment involves a transfer of Personal Data originating from the European Economic Area (“EEA”) or Switzerland to Oracle Arcserve Affiliates or Third Party Subprocessors located in countries outside the EEA or Switzerland that have not received a binding adequacy decision by the European Commission or by a competent national EEA data protection authority, such transfers are subject to (i) the terms of the EU Model Standard Contractual Clauses incorporated into this Data Processing Protection Agreement by reference; or (ii) other binding and appropriate transfer mechanisms that provide provides an adequate level of protection in compliance with Applicable Data Protection Law, such as approved Binding Corporate Rules for Processors. For the purposes of the EU Model Standard Contractual Clauses, You and Oracle Arcserve agree that (i) You will act as the data exporter on Your own behalf and on behalf of any of Your entities, (ii) Oracle Arcserve will act on its own behalf and/or on behalf of the relevant Oracle Arcserve Affiliates as the data importers, (iii) any Third Party Subprocessors will act as ‘subcontractorssub-processors’ pursuant to Clause 11 9 of the EU Model Standard Contractual Clauses. 7.4 7.4. To the extent such global access involves a transfer of Personal Data originating from Argentina to Oracle Arcserve Affiliates or Third Party Subprocessors located in countries outside Argentina that have not received a binding adequacy decision by the National Directorate for Personal Data Protection, such transfers are subject to (i) the terms of the Argentinean Model Clauses incorporated into this Data Processing Protection Agreement by reference; or (ii) other binding and appropriate transfer mechanisms that provide an adequate level of protection in compliance with Applicable Data Protection Law. 7.5 Transfers 7.5. To the extent such global access involves a transfer of Personal Data originating from other locations globally outside of the EEA, Switzerland or Argentina to Oracle Arcserve Affiliates or Third Party Subprocessors Subprocessors, such transfers are subject to (i) for Oracle Affiliates, the terms of the Oracle Intra-Company Data Processing and Transfer Agreement entered into between Oracle Corporation and the Oracle AffiliatesArcserve Privacy Policy ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/about/privacy/, which requires all transfers of Personal Data to be made in compliance with all applicable Oracle Arcserve security and data privacy policies and standards; standards and (ii) all Applicable Data Protection Laws, including portions of those laws requiring specific enacted standard contractual clauses, which are incorporated herein by this reference, or other mechanisms approved by the applicable Supervisory Authority for the transfer of personal information outside of the applicable jurisdiction. 7.6. For Third Party Subprocessors, in addition to the requirements in Sections 7.3 – 7.5 above, as applicable, the terms of the relevant Oracle Arcserve Third Party Subprocessor agreement incorporating security and data privacy requirements consistent with the relevant requirements of this Data Processing AgreementProtection Agreement shall also apply. 7.6 7.7. The terms of this Data Processing Protection Agreement shall be read in conjunction with the EU Model Standard Contractual Clauses, the Argentinean Model Clauses and any other applicable transfer mechanisms pursuant to this Section 7.