Common use of Overseas disclosure of Personal Information Clause in Contracts

Overseas disclosure of Personal Information. (a) The parties acknowledge that there is a possibility that Personal Information may be disclosed to a recipient outside Australia in the course of XXXX providing, and the Subscriber receiving the benefit of, the Services. (b) Subject to paragraph (c), where there is a disclosure by a party of Personal Information to a recipient outside Australia, that party must ensure that the overseas recipient complies with the Australian Privacy Principles (as amended or replaced) and any other Privacy Laws which would apply to the party making the disclosure. (c) Notwithstanding paragraph (b) above, where a Subscriber (or another entity acting for or on behalf of a Subscriber) accesses the XXXX System from outside Australia: (i) the Subscriber must comply with the Australian Privacy Principles (as amended or replaced) as if it were bound by them; and (ii) the Subscriber must ensure that it (or the relevant entity acting for or on behalf of the Subscriber) complies with the Australian Privacy Principles (as amended or replaced) and any other Privacy Laws which would apply to XXXX. (d) The Subscriber agrees to: (i) expressly inform individuals that their Personal Information (including, for the avoidance of doubt, any Personal Information pertaining to the Subscriber or its employees or agents) may be disclosed by XXXX to a recipient outside Australia and, if practicable, specify the countries in which such recipients are likely to be located; and (ii) procure consent from individuals to such overseas disclosure of their Personal Information (including, for the avoidance of doubt, any Personal Information pertaining to the Subscriber or its employees or agents), having first expressly informed each individual that if he or she consents to such overseas disclosure, neither XXXX nor the Subscriber will be liable for a breach of Privacy Laws by the overseas recipient of the Personal Information.

Overseas disclosure of Personal Information. (a) The parties acknowledge that there is a possibility that Personal Information may be disclosed to a recipient outside Australia in the course of XXXX PEXA providing, and the Subscriber receiving the benefit of, the Services. (b) Subject to paragraph (c), where there is a disclosure by a party of Personal Information to a recipient outside Australia, that party must ensure that the overseas recipient complies with the Australian Privacy Principles (as amended or replaced) and any other Privacy Laws which would apply to the party making the disclosure. (c) Notwithstanding paragraph (b) above, where a Subscriber (or another entity acting for or on behalf of a Subscriber) accesses the XXXX System from outside Australia: (i) the Subscriber must comply with the Australian Privacy Principles (as amended or replaced) as if it were bound by them; and (ii) the Subscriber must ensure that it (or the relevant entity acting for or on behalf of the Subscriber) complies with the Australian Privacy Principles (as amended or replaced) and any other Privacy Laws which would apply to XXXX. (d) The Subscriber agrees to: (i) expressly inform individuals that their Personal Information (including, for the avoidance of doubt, any Personal Information pertaining to the Subscriber or its employees or agents) may be disclosed by XXXX PEXA to a recipient outside Australia and, if practicable, specify the countries in which such recipients are likely to be located; and (ii) procure consent from individuals to such overseas disclosure of their Personal Information (including, for the avoidance of doubt, any Personal Information pertaining to the Subscriber or its employees or agents), having first expressly informed each individual that if he or she consents to such overseas disclosure, neither XXXX PEXA nor the Subscriber will be liable for a breach of Privacy Laws by the overseas recipient of the Personal Information.