Common use of Data Processing and Transfer Clause in Contracts

Data Processing and Transfer. As between the Parties, Provider is considered the controller of Authorized User Data, and Adtran and/or its licensors and suppliers shall be considered the processor. Provider, if outside of the USA, agrees to the terms of the Data Processing Agreement (“DPA”) attached hereto and incorporated by reference herein as Exhibit C. Upon acceptance of an Order by Adtran, Provider may also be required to execute the DPA and any other data processing agreement required by Providers’ licensors and/or suppliers. Provider acknowledges and consents that (i) the Services provided may require Authorized User Data to be transferred to a country outside of Provider’s country or the country where the Authorized User Data originated, and (ii) Adtran may share Authorized User Data with its affiliates and business partners (like backbone network and cloud providers) for the sole purpose of providing the Services hereunder, provided that at all times Adtran and its affiliates shall comply with the confidentiality and data protection obligations described hereunder. Adtran shall enter into confidentiality agreements with its business partners as protective of Provider’s Confidential Information as these Mosaic One Terms. Unless otherwise expressly agreed in a written document signed by an authorized representative of Adtran, Adtran shall have no obligation to store Authorized User Data beyond any period specified in an Order and Adtran has no obligation to retain Authorized User Data following ninety (90) days after termination of the Services; however, Adtran may retain copies of Confidential Information that are stored on Adtran’s backup and disaster recovery systems until the ordinary course of deletion. Provider shall have ninety (90) days from the date of termination of the Services in which to request a copy of its Authorized User Data, which will be made available to Provider in the same format maintained by Adtran.

Data Processing and Transfer. As between the Parties, Provider is considered the controller of Authorized User Customer Data, and Adtran and/or its licensors and suppliers shall be considered the processor. Provider, if outside of the USA, Provider agrees to the terms of the Data Processing Agreement (“DPA”) attached hereto and incorporated by reference herein as Exhibit C. herein. Upon acceptance of an Order by Adtran, Provider may also be required to execute the DPA and any other data processing agreement required by Providers’ licensors and/or suppliers. Provider acknowledges and consents that (i) the Services provided may require Authorized User Customer Data to be transferred to a country outside of Provider’s country or the country where the Authorized User Customer Data originated, and (ii) Adtran may share Authorized User Customer Data with its affiliates and business partners (like backbone network and cloud providers) for the sole purpose of providing the Services hereunder, provided that at all times Adtran and its affiliates shall comply with the confidentiality and data protection obligations described hereunder. Adtran shall enter into confidentiality agreements with its business partners as protective of Provider’s Confidential Information as these Mosaic One Terms. Unless otherwise expressly agreed in a written document signed by an authorized representative of Adtran, Adtran shall have no obligation to store Authorized User Customer Data beyond any period specified in an Order and Adtran has no obligation to retain Authorized User Customer Data following ninety (90) days after complete termination of the Services; however, Adtran may retain copies of Confidential Information that are stored on Adtran’s backup and disaster recovery systems until the ordinary course of deletion. Provider shall have ninety (90) days from the date of termination of the Services in which to request a copy of its Authorized User Customer Data, which will be made available to Provider in the same format maintained by Adtran.