Common use of Data Residency Clause in Contracts

Data Residency. With respect to the Services, Xactly may store data in the European Union or the United States, provided that Customer may select, by indicating in the initial Order Form for the Services which region (European Union or United States) in which Personal Data shall be stored. Personal Data received through the Services may be disclosed to, transferred to, and/or allowed to be accessed by or otherwise Processed by Xactly’s personnel or Sub-processors. Personal Data may be transferred to personnel of Xactly and/or its Affiliates located in European Union, United Kingdom, Australia, Canada, United States and India in the course of the Servicse. Any intragroup transfer is subject to an intragroup data processing agreement. Xactly will notify Customer if the foregoing list of countries changes (which notice may be provided through support channels, Xactly’s Trust site available at : xxxxx://xxxxx.xxxxxxxxxx.xxx/, Xactly’s website, or such other reasonable means). In the event that a new country is added to the foregoing list of countries to which Personal Data may be transferred, the parties agree to cooperate in good faith in meeting any additional regulatory or legal requirements necessary to allow such transfers. Notwithstanding the foregoing, with the exception of Personal Data processed through the Services, certain Personal Data may be stored by Xactly or its Sub-processors in the U.S. for operational purposes.

Data Residency. With respect to the Services, Xactly may store data in the European Union or the United States, provided that Customer may select, by indicating in the initial Order Form for the Services which region (European Union or United States) in which Personal Data shall be stored. Personal Data received through the Services may be disclosed to, transferred to, and/or allowed to be accessed by or otherwise Processed by Xactly’s personnel or Sub-processors. Personal Data may be transferred to personnel of Xactly and/or its Affiliates located in the European Union, the United Kingdom, Australia, Canada, the United States and India in the course of the ServicseServices. Any intragroup transfer is subject to an intragroup data processing agreement. Xactly will notify Customer if the foregoing list of countries changes (which notice may be provided through support channels, Xactly’s Trust site available at at: xxxxx://xxxxx.xxxxxxxxxx.xxx/, Xactly’s website, or such other reasonable means). In the event that a new country is added to the foregoing list of countries to which Personal Data may be transferred, the parties agree to cooperate in good faith in meeting any additional regulatory or legal requirements necessary to allow such transfers. Notwithstanding the foregoing, with the exception of Personal Data processed through the Services, certain Personal Data may be stored by Xactly or its Sub-processors in the U.S. for operational purposes.

Data Residency. With respect to the Services, Xactly may store data in the European Union or the United States, provided that Customer may select, by indicating in the initial Order Form for the Services which region (European Union or United States) in which Personal Data shall be stored. Personal Data received through the Services may be disclosed to, transferred to, and/or allowed to be accessed by or otherwise Processed by Xactly’s personnel or Sub-processors. Personal Data may be transferred to personnel of Xactly and/or its Affiliates located in the European Union, the United Kingdom, Australia, Canada, the United States and India in the course of the ServicseServices. Any intragroup transfer is subject to an intragroup data processing agreement. Xactly will notify Customer if the foregoing list of countries changes (which notice may be provided through support channels, Xactly’s Trust site available at at: xxxxx://xxxxx.xxxxxxxxxx.xxx/, Xactly’s website, or such other reasonable means). In the event that a new country is added to the foregoing list of countries to which Personal Data may be transferred, the parties agree to cooperate in good faith in meeting any additional regulatory or legal requirements necessary to allow such transfers. Notwithstanding the foregoing, with the exception of Personal Data processed through the Services, certain Personal Data may be stored by Xactly or its Sub-processors in the U.S. for operational purposes.