International Data Transfer. (a) Supplier represents, warrants, and covenants that any Transfers of Personal Data made by or on behalf of Supplier or any Subprocessor will comply with Data Protection Laws and Transfer Mechanisms posted at xxxxx://xxx.xxxxxxx.xxx/en-us/assets/docs/legal/dpsa-transfer-mechanisms.pdf; subject to the terms of this DPSA, We authorize Supplier to Transfer Personal Data.
(b) Restricted Transfers from the EEA. If Restricted Transfers of Personal Data subject to the EU GDPR are made by or on behalf of Company to Supplier or any Subprocessor, the Parties agree that all such Transfers shall be governed by the SCCs, which are hereby executed and entered into by and between by and between Company and Supplier. To the extent that We are the Controller, the terms and conditions of Module 2 of the SCCs (Controller to Processor) govern the Restricted Transfer. To the extent that We are a Processor, the terms and conditions of Module 3 of the SCCs (Processor to Processor) govern the Restricted Transfer.
(c) Restricted Transfers from the UK. If Restricted Transfers of Personal Data subject to the UK GDPR are made by or on behalf of Company to Supplier or any Subprocessor, the Parties agree that all such Transfers shall be governed by the SCCs as supplemented and amended by the UK Addendum, which are hereby executed and entered into by and between by and between Company and Supplier. To the extent that We are the Controller, the terms and conditions of Module 2 of the SCCs (Controller to Processor), as supplemented and amended by the UK Addendum, govern the Restricted Transfer. To the extent that We are a Processor, the terms and conditions of Module 3 of the SCCs (Processor to
International Data Transfer. Without prejudice to any applicable Data Protection laws, no Transfer of Personal Data may take place to countries that have not received an Adequacy Decision or without having in place an adequate Transfer Mechanism. Restricted transfers from the EEA. Where the Transfer to Partner is covered by Partner’s BCR, Partner warrants that it shall (i) promptly notify McAfee Enterprise of any subsequent material changes in such authorization, and (ii) Partner enter into an appropriate onward transfer agreement with any such Subprocessor, or by entering into SCCs, in each case providing the same or more protection than the terms in this DSA. If Personal Data originating in the European Economic Area, Switzerland, and/or the United Kingdom is Transferred by the Parties in a country that has not been found to provide an adequate level of protection under Applicable Laws, then to the extent the Transfer is not covered by BCRs, any Transfer will be governed by the SCCs incorporated herein by reference, and the Appendices attached hereto as Exhibit D).
International Data Transfer. 6.1 The Customer instructs DNV to only transfer personal data to a third country if the transfer complies with the requirements of GDPR chapter V. The Customer acknowledges and agrees that use of sub-processors pursuant to clause Error! Reference source not found. may involve transfer of personal data to a third country if Annex 1 indicates that the address or processing location of such sub-processor is in a third country. In the event of a data transfer to a third country, the EU Standard Contractual Clauses set out in Annex 3 shall apply with respect to such transfer.
6.2 DNV shall, to the extent legally permitted under applicable law, without undue delay notify the Customer if DNV, or a sub-processor, receives a legally binding request from a supervisory authority in a third country to disclose personal data processed under this DPA or if DNV becomes aware of any direct access by public authorities to personal data processed under this DPA, and DNV shall, and shall procure that any relevant sub-processor shall, prevent or limit disclosure of or access to such personal data to the extent reasonably possible. If DNV, or the relevant sub- processor, is prohibited under applicable law from notifying the Customer, DNV, or the relevant sub-processor, shall use reasonable endeavors to obtain a waiver of the prohibition, with a view to communicating as much information as possible, as soon as possible.
International Data Transfer. 7.1 The Company shall not disclose any Processed Personal Data to a Recipient located outside the European Economic Area (or outside the UK, after Brexit, where relevant) without the Customer’s prior specific written consent. For the avoidance of doubt, any change in the Company's data storage location outside of the agreed country(ies) which shall be specified in the Agreement) shall be subject to the Customer’s prior specific written consent (such consent not to be unreasonably withheld or delayed).
7.2 Should such transfer be authorised by the Customer, any disclosure to Recipients located in countries which do not provide an adequate level of protection for Personal Data according to the European Commission, shall be operated in compliance with appropriate legal instruments (for instance, standard contractual clauses, binding corporate rules, etc).
International Data Transfer. 8.1. Parties agree that the Personal Data will not be transferred outside the EEA, unless specifically agreed otherwise pursuant to this Agreement.
8.2. Where the performance of the services involves a transfer of Personal Data to a processing party outside the EEA, additional requirements are to be met in addition to ensure an adequate level of data protection.
8.3. The Data Controller hereby grants its unconditional and irrevocable consent to the Data Processor to enter into any agreement or take any measures, including on behalf of the Data Controller, to establish and ensure an adequate level of data protection in the transfer of Personal Data to a sub- processing party outside the EEA.
8.4. In line with clause 8.3 the Data Controller also hereby grants its unconditional and irrevocable consent to the Data Processor to engage another Data processor for carrying out specific processing activities of the Personal Data on behalf of the Data Controller, provided that the Data Controller shall impose the same data protection obligations as set out in this Agreement on that other processor by way of a contract or other legal act according to applicable law.
8.5. Parties agree that if and when the processor (sub-processor) engaged by the Data Processors according to article 8.4 fails to fulfil its data protection obligations, the Data Processor shall remain fully liable to the Data Controller for the performance of that other processor’s obligations.
International Data Transfer. Before Buyer transfers Personal Data to Licensor, or permits Licensor to access Personal Data located in a jurisdiction that requires an International Data Transfer Mechanism, Buyer will notify Licensor of the relevant requirement and the parties will work together in good faith to fulfill the requirements of that International Data Transfer Mechanism. The parties will institute and comply with any International Data Transfer Mechanism that may be required by applicable Data Protection Law.
International Data Transfer. The Company and some of its service providers are based in the United States. Participant’s country or jurisdiction may have different data privacy laws and protections than the United States. The Company’s legal basis for the transfer of Personal Data, where required, is Participant’s consent.
International Data Transfer. Your personal information may be transferred to, stored, and processed in a country that is not regarded as ensuring an adequate level of protection for personal information under European Union law. We have put in place appropriate safeguards (such as contractual commitments) in accordance with applicable legal requirements to ensure that your data is adequately protected. For more information on the appropriate safeguards in place, please contact us using the contact details below.
International Data Transfer. In the event that any Subscriber transfers any Subscriber Personal Data to Company in a country outside the EEA, Subscriber on behalf of itself and each Subscriber Affiliate as data exporter and Company on behalf of itself and each Company Affiliate as data importer shall enter into the Standard Contractual Clauses, as set forth in Exhibit 1, which terms shall take precedence over those in this DPA. In the event that the Standard Contractual Clauses cease to be recognized as a legitimate basis for the transfer of Personal Data to an entity located outside the EEA, Subscriber shall cooperate with Company to identify and implement an alternative legitimate basis to the extent that one is required by the Data Protection Laws. The Standard Contractual Clauses shall come into effect on the later of: (1) the data exporter becoming a party to them; (2) the data importer becoming a party to them; and (3) commencement of the relevant Restricted Transfer.
International Data Transfer o Controller Personal Data that Processor processes on Controller’s behalf will be transferred to, and stored and processed in, India. Controller hereby consents to the transfer of the Controller Personal Data to third countries and Controller consents to the storage and Processing of the Controller Personal Data in the India region by Processor in order for Processor to provide the Services. o For transfers of European Personal Data to Processor for processing by the Processor in a jurisdiction other than a jurisdiction in the EU, The EEA, or the European Commission, Processor agrees that it will provide at least the same level of privacy protection for European Personal Data as required under the Applicable Data Protection Laws. o When Processor processes Controller Personal Data under European Data Protection Law in a country that does not ensure an adequate level of protection (within the meaning of applicable European Data Protection Law), then in such cases Processor shall process Controller Personal Data in accordance with the Standard Contractual Clauses in the form set out in Annexure 3, which are incorporated into and form a part of this Agreement. The Parties agree that for the purposes of the descriptions in the Standard Contractual Clauses, AnalyticsVerse is the "data importer" and Controller is the "data exporter" notwithstanding that Controller may itself be located outside Europe. o It is not the intention of either Party to contradict or restrict any of the provisions set forth in the Standard Contractual Clauses and, accordingly, in the event of any conflict or inconsistency between the provisions of the Agreement and the Standard Contractual Clauses, the provisions of the Standard Contractual Clauses shall prevail to the extent of such conflict.
