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 and in accordance with Your instructions under Section 5.1, 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 Processing involves a transfer of Personal Data subject to cross-border transfer restrictions under Applicable Data Protection Law in 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, and (iii) any Third Party Subprocessors will act as ‘subprocessors’ pursuant to Clause 11 of the EU Model Clauses. 7.4 To the extent such global Processing involves a transfer of Personal Data subject to cross-border transfer restrictions under Applicable Data Protection Law in 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 subject to cross-border transfer restrictions under Applicable Data Protection Law in 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 an applicable transfer mechanism as set forth in Section 7.3; 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 and Applicable Data Protection Law. 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.