Common use of Arcserve Affiliates and Third Party Subprocessors Clause in Contracts

Arcserve Affiliates and Third Party Subprocessors. 8.1. Subject to the terms and restrictions specified in Sections 3.3, 7 and 8, You agree that Arcserve may engage Arcserve Affiliates and Third Party Subprocessors to assist in the performance of the Cloud Services. 8.2. A current list of Arcserve Affiliates and Third Party Subprocessors engaged to assist in the performance of Cloud Services can be found at xxx.xxxxxxxx.xxx/xxxxxxxxxxxxx, which Arcserve may update from time to time pursuant to Section 8.3 below. 8.3. In the event that Xxxxxxxx wishes it engage an additional Arcserve Affiliate and/or Third Party Subprocessor, Arcserve will provide You notice of such update, which notice may include posting an updated listing of Arcserve Affiliates and Third Party Subprocessors at xxx.xxxxxxxx.xxx/xxxxxxxxxxxxx. Within fourteen (14) calendar days of Arcserve providing such notice to You, You may object to the intended involvement of a Third Party Subprocessor or Arcserve Affiliate in the performance of the Cloud Services, providing objective justifiable grounds related to the ability of such Third Party Subprocessor or Arcserve Affiliate to adequately protect Personal Data in accordance with this Data Protection Agreement or Applicable Data Protection Law in writing by submitting a “service request” via My Arcserve Support, or other applicable primary support tool provided for the Services. In the event Your objection is justified, in Arcserve’s reasonable opinion, You and Arcserve will work together in good faith to find a mutually acceptable resolution to address such objection, including but not limited to reviewing additional documentation supporting the Third Party Subprocessors’ or Arcserve Affiliate’s compliance with this Data Protection Agreement or Applicable Data Protection Law, or delivering the Cloud Services without the involvement of such Third Party Subprocessor or Arcserve Affiliate. To the extent You and Arcserve do not reach a mutually acceptable resolution within a reasonable timeframe, not to be less than ninety (90) days, You shall have the right to terminate the relevant Cloud Services (i) upon serving prior notice in accordance with the terms of the Cloud Services Agreement; (ii) without liability to You and Arcserve and (iii) without relieving You from Your payment obligations under the Cloud Services Agreement up to the date of termination. If the termination in accordance with this Section 8.3 only pertains to a portion of Cloud Services under an order, You will enter into an amendment or replacement order to reflect such partial termination. 8.4. The Arcserve Affiliates and Third Party Subprocessors are required to abide by the same level of data protection and security as Arcserve under this Data Protection Agreement as applicable to their Processing of Personal Data. You may request that Arcserve audit a Third Party Subprocessor or Arcserve Affiliate or provide confirmation that such an audit has occurred (or, where available, obtain or assist customer in obtaining a third-party audit report concerning the Third Party Subprocessor’s or Arcserve Affiliate’s operations) to verify compliance with such obligations. You will also be entitled, upon written request, to receive copies of the relevant privacy and security terms of Arcserve’s agreement with any Third Party Subprocessors and Arcserve Affiliates that may Process Personal Data. 8.5. Xxxxxxxx remains responsible at all times for the performance of the Arcserve Affiliates’ and Third Party Subprocessors’ obligations in compliance with the terms of this Data Protection Agreement and Applicable Data Protection Law.

Arcserve Affiliates and Third Party Subprocessors. 8.1. Subject to the terms and restrictions specified in Sections 3.3, 7 and 8, You agree that Arcserve may engage Arcserve Affiliates and Third Party Subprocessors to assist in the performance of the Cloud Services. 8.2. A current list of Arcserve Affiliates and Third Party Subprocessors engaged to assist in the performance of Cloud Services can be found at xxx.xxxxxxxx.xxx/xxxxxxxxxxxxxxxxxx://xxx.xxxxxxxx.xxx/subprocessors, which Arcserve may update from time to time pursuant to Section 8.3 below. 8.3. In the event that Xxxxxxxx wishes it engage an additional Arcserve Affiliate and/or Third Party Subprocessor, Arcserve will provide You notice of such update, which notice may include posting an updated listing of Arcserve Affiliates and Third Party Subprocessors at xxx.xxxxxxxx.xxx/xxxxxxxxxxxxxxxxxx://xxx.xxxxxxxx.xxx/subprocessors. Within fourteen (14) calendar days of Arcserve providing such notice to You, You may object to the intended involvement of a Third Party Subprocessor or Arcserve Affiliate in the performance of the Cloud Services, providing objective justifiable grounds related to the ability of such Third Party Subprocessor or Arcserve Affiliate to adequately protect Personal Data in accordance with this Data Protection Agreement or Applicable Data Protection Law in writing by submitting a “service request” via My Arcserve Support, or other applicable primary support tool provided for the Services. In the event Your objection is justified, in Arcserve’s reasonable opinion, You and Arcserve will work together in good faith to find a mutually acceptable resolution to address such objection, including but not limited to reviewing additional documentation supporting the Third Party Subprocessors’ or Arcserve Affiliate’s compliance with this Data Protection Agreement or Applicable Data Protection Law, or delivering the Cloud Services without the involvement of such Third Party Subprocessor or Arcserve Affiliate. To the extent You and Arcserve do not reach a mutually acceptable resolution within a reasonable timeframe, not to be less than ninety (90) days, You shall have the right to terminate the relevant Cloud Services (i) upon serving prior notice in accordance with the terms of the Cloud Services Agreement; (ii) without liability to You and Arcserve and (iii) without relieving You from Your payment obligations under the Cloud Services Agreement up to the date of termination. If the termination in accordance with this Section 8.3 only pertains to a portion of Cloud Services under an order, You will enter into an amendment or replacement order to reflect such partial termination. 8.4. The Arcserve Affiliates and Third Party Subprocessors are required to abide by the same level of data protection and security as Arcserve under this Data Protection Agreement as applicable to their Processing of Personal Data. You may request that Arcserve audit a Third Party Subprocessor or Arcserve Affiliate or provide confirmation that such an audit has occurred (or, where available, obtain or assist customer in obtaining a third-party audit report concerning the Third Party Subprocessor’s or Arcserve Affiliate’s operations) to verify compliance with such obligations. You will also be entitled, upon written request, to receive copies of the relevant privacy and security terms of Arcserve’s agreement with any Third Party Subprocessors and Arcserve Affiliates that may Process Personal Data. 8.5. Xxxxxxxx remains responsible at all times for the performance of the Arcserve Affiliates’ and Third Party Subprocessors’ obligations in compliance with the terms of this Data Protection Agreement and Applicable Data Protection Law.

Arcserve Affiliates and Third Party Subprocessors. 8.1. Subject to the terms and restrictions specified in Sections 3.3, 7 and 8, You agree that Arcserve may engage Arcserve Affiliates and Third Party Subprocessors to assist in the performance of the Cloud Services. 8.2. A current list of Arcserve Affiliates and will, in response to Your request, advise you as to Third Party Subprocessors engaged to assist in the performance of Cloud Services can be found at xxx.xxxxxxxx.xxx/xxxxxxxxxxxxx, which or Arcserve Affiliates that may update from time to time pursuant to Section 8.3 belowProcess Personal Data. 8.3. In the event that Xxxxxxxx wishes it engage an additional Arcserve Affiliate and/or Third Party Subprocessor, Arcserve will provide You notice of such update, which notice may include posting an updated listing of Arcserve Affiliates and Third Party Subprocessors at xxx.xxxxxxxx.xxx/xxxxxxxxxxxxx. Within fourteen (14) calendar days of Arcserve providing such notice to You, You may object to the intended involvement of a Third Party Subprocessor or Arcserve Affiliate in the performance of the Cloud Services, providing objective justifiable grounds related to the ability of such Third Party Subprocessor or Arcserve Affiliate to adequately protect Personal Data in accordance with this Data Protection Processing Agreement or Applicable Data Protection Law in writing by submitting a “service request” via My Arcserve Support, or other applicable primary support tool provided for the Services. In the event Your objection is justified, in Arcserve’s reasonable opinion, You and Arcserve will work together in good faith to find a mutually acceptable resolution to address such objection, including but not limited to reviewing additional documentation supporting the Third Party Subprocessors’ or Arcserve Affiliate’s compliance with this Data Protection Processing Agreement or Applicable Data Protection Law, or delivering the Cloud Services without the involvement of such Third Party Subprocessor or Arcserve AffiliateSubprocessor. To the extent You and Arcserve do not reach a mutually acceptable resolution within a reasonable timeframe, not to be less than ninety (90) days, You shall have the right to terminate the relevant Cloud Services (i) upon serving prior notice in accordance with the terms of the Cloud Services Agreement; (ii) without liability to You and Arcserve and (iii) without relieving You from Your payment obligations under the Cloud Services Agreement up to the date of termination. If the termination in accordance with this Section 8.3 only pertains to a portion of Cloud Services under an order, You will enter into an amendment or replacement order to reflect such partial termination. 8.4. The Arcserve Affiliates and Third Party Subprocessors are required to abide by the same level of data protection and security as Arcserve under this Data Protection Processing Agreement as applicable to their Processing of Personal Data. You may request that Arcserve audit a Third Party Subprocessor or Arcserve Affiliate or provide confirmation that such an audit has occurred (or, where available, obtain or assist customer in obtaining a third-party audit report concerning the Third Party Subprocessor’s or Arcserve Affiliate’s operations) to verify compliance with such obligations. You will also be entitled, upon written request, to receive copies of the relevant privacy and security terms of Arcserve’s agreement with any Third Party Subprocessors and Arcserve Affiliates that may Process Personal Data. 8.5. Xxxxxxxx Arcserve remains responsible at all times for the performance of the Arcserve Affiliates’ and Third Party Subprocessors’ obligations in compliance with the terms of this Data Protection Processing Agreement and Applicable Data Protection Law.

Arcserve Affiliates and Third Party Subprocessors. 8.1. Subject to the terms and restrictions specified in Sections 3.3, 7 and 8, You agree that Arcserve may engage Arcserve Affiliates and Third Party Subprocessors to assist in the performance of the Cloud Services. 8.2. A current list of Arcserve Affiliates and will, in response to Your request, advise you as to Third Party Subprocessors engaged to assist in the performance of Cloud Services can be found at xxx.xxxxxxxx.xxx/xxxxxxxxxxxxx, which or Arcserve Affiliates that may update from time to time pursuant to Section 8.3 belowProcess Personal Data. 8.3. In the event that Xxxxxxxx wishes it engage an additional Arcserve Affiliate and/or Third Party Subprocessor, Arcserve will provide You notice of such update, which notice may include posting an updated listing of Arcserve Affiliates and Third Party Subprocessors at xxx.xxxxxxxx.xxx/xxxxxxxxxxxxx. Within fourteen (14) calendar days of Arcserve providing such notice to You, You may object to the intended involvement of a Third Party Subprocessor or Arcserve Affiliate in the performance of the Cloud Services, providing objective justifiable grounds related to the ability of such Third Party Subprocessor or Arcserve Affiliate to adequately protect Personal Data in accordance with this Data Protection Agreement or Applicable Data Protection Law in writing by submitting a “service request” via My Arcserve Support, or other applicable primary support tool provided for the Services. In the event Your objection is justified, in Arcserve’s reasonable opinion, You and Arcserve will work together in good faith to find a mutually acceptable resolution to address such objection, including but not limited to reviewing additional documentation supporting the Third Party Subprocessors’ or Arcserve Affiliate’s compliance with this Data Protection Agreement or Applicable Data Protection Law, or delivering the Cloud Services without the involvement of such Third Party Subprocessor or Arcserve AffiliateSubprocessor. To the extent You and Arcserve do not reach a mutually acceptable resolution within a reasonable timeframe, not to be less than ninety (90) days, You shall have the right to terminate the relevant Cloud Services (i) upon serving prior notice in accordance with the terms of the Cloud Services Agreement; (ii) without liability to You and Arcserve and (iii) without relieving You from Your payment obligations under the Cloud Services Agreement up to the date of termination. If the termination in accordance with this Section 8.3 only pertains to a portion of Cloud Services under an order, You will enter into an amendment or replacement order to reflect such partial termination. 8.4. The Arcserve Affiliates and Third Party Subprocessors are required to abide by the same level of data protection and security as Arcserve under this Data Protection Agreement as applicable to their Processing of Personal Data. You may request that Arcserve audit a Third Party Subprocessor or Arcserve Affiliate or provide confirmation that such an audit has occurred (or, where available, obtain or assist customer in obtaining a third-party audit report concerning the Third Party Subprocessor’s or Arcserve Affiliate’s operations) to verify compliance with such obligations. You will also be entitled, upon written request, to receive copies of the relevant privacy and security terms of Arcserve’s agreement with any Third Party Subprocessors and Arcserve Affiliates that may Process Personal Data. 8.5. Xxxxxxxx Arcserve remains responsible at all times for the performance of the Arcserve Affiliates’ and Third Party Subprocessors’ obligations in compliance with the terms of this Data Protection Agreement and Applicable Data Protection Law.

Arcserve Affiliates and Third Party Subprocessors. 8.1. Subject to the terms and restrictions specified in Sections 3.3, 7 and 8, You agree that Arcserve may engage Arcserve Affiliates and Third Party Subprocessors to assist in the performance of the Cloud Services. 8.2. A current list of Arcserve Affiliates and Third Party Subprocessors engaged to assist in the performance of Cloud Services can be found at xxx.xxxxxxxx.xxx/xxxxxxxxxxxxxxxx.XxxxxxxXxxxx.xxx/xxxxxxx/xxxxxxxxxxxxx, which Arcserve may update from time to time pursuant to Section 8.3 below. 8.3. In the event that Xxxxxxxx Arcserve wishes it engage an additional Arcserve Affiliate and/or Third Party Subprocessor, Arcserve will provide You notice of such update, which notice may include posting an updated listing of Arcserve Affiliates and Third Party Subprocessors at xxx.xxxxxxxx.xxx/xxxxxxxxxxxxxxxx.XxxxxxxXxxxx.xxx/xxxxxxx/xxxxxxxxxxxxx. Within fourteen (14) calendar days of Arcserve providing such notice to You, You may object to the intended involvement of a Third Party Subprocessor or Arcserve Affiliate in the performance of the Cloud Services, providing objective justifiable grounds related to the ability of such Third Party Subprocessor or Arcserve Affiliate to adequately protect Personal Data in accordance with this Data Protection Agreement or Applicable Data Protection Law in writing by submitting a “service request” via My Arcserve Support, or other applicable primary support tool provided for the Services. In the event Your objection is justified, in Arcserve’s reasonable opinion, You and Arcserve will work together in good faith to find a mutually acceptable resolution to address such objection, including but not limited to reviewing additional documentation supporting the Third Party Subprocessors’ or Arcserve Affiliate’s compliance with this Data Protection Agreement or Applicable Data Protection Law, or delivering the Cloud Services without the involvement of such Third Party Subprocessor or Arcserve Affiliate. To the extent You and Arcserve do not reach a mutually acceptable resolution within a reasonable timeframe, not to be less than ninety (90) days, You shall have the right to terminate the relevant Cloud Services (i) upon serving prior notice in accordance with the terms of the Cloud Services Agreement; (ii) without liability to You and Arcserve and (iii) without relieving You from Your payment obligations under the Cloud Services Agreement up to the date of termination. If the termination in accordance with this Section 8.3 only pertains to a portion of Cloud Services under an order, You will enter into an amendment or replacement order to reflect such partial termination. 8.4. The Arcserve Affiliates and Third Party Subprocessors are required to abide by the same level of data protection and security as Arcserve under this Data Protection Agreement as applicable to their Processing of Personal Data. You may request that Arcserve audit a Third Party Subprocessor or Arcserve Affiliate or provide confirmation that such an audit has occurred (or, where available, obtain or assist customer in obtaining a third-party audit report concerning the Third Party Subprocessor’s or Arcserve Affiliate’s operations) to verify compliance with such obligations. You will also be entitled, upon written request, to receive copies of the relevant privacy and security terms of Arcserve’s agreement with any Third Party Subprocessors and Arcserve Affiliates that may Process Personal Data. 8.5. Xxxxxxxx Arcserve remains responsible at all times for the performance of the Arcserve Affiliates’ and Third Party Subprocessors’ obligations in compliance with the terms of this Data Protection Agreement and Applicable Data Protection Law.