Common use of Transfer mechanisms for data transfers Clause in Contracts

Transfer mechanisms for data transfers. (i) Vendor will not perform an Onward Transfer of Personal Data except as necessary to provide the Services initiated by Customer, or as necessary to comply with the law or binding order of a governmental body. (ii) Subject to Section 7(e)(v), the Standard Contractual Clauses will only apply to Customer Data that is transferred, either directly or via Onward Transfer, to any Third Country, (each a “Data Transfer”). (iii) When Customer is acting as a Controller, the Controller-to-Processor Clauses set forth in Attachment 3 to this DPA will apply to a Data Transfer. (iv) When Customer is acting as a Processor, the Processor-to-Processor Clauses set forth in Attachment 4 to this DPA will apply to a Data Transfer. Taking into account the nature of the Processing, Customer agrees that it is unlikely that Vendor will know the identity of Customer’s Controllers because Vendor has no direct relationship with Customer’s Controllers; therefore, Customer will fulfill Vendor’s obligations to Customer’s Controllers under the Processor-to- Processor Clauses. (v) The Standard Contractual Clauses will not apply to a Data Transfer if Vendor has adopted Binding Corporate Rules for Processors or an alternative recognized compliance standard for lawful Data Transfers. (vi) If and to the extent the Standard Contractual Clauses (where applicable) conflict with any provision of this DPA, the Standard Contractual Clauses shall prevail to the extent of such conflict.

Transfer mechanisms for data transfers. (i) Vendor will not perform an Onward Transfer of Personal Data except as necessary to provide the Services initiated by Customer, or as necessary to comply with the law or binding order of a governmental body. (ii) Subject to Section 7(e)(v), the Standard Contractual Clauses will only apply to Customer Personal Data that is transferred, either directly or via Onward Transfer, to any Third Country, (each a “Data Transfer”). (iii) When Customer is acting as a Controller, the Controller-to-Processor Clauses set forth in Attachment 3 to this DPA will apply to a Data Transfer. (iv) When Customer is acting as a Processor, the Processor-to-Processor Clauses set forth in Attachment 4 to this DPA will apply to a Data Transfer. Taking into account the nature of the Processing, Customer agrees that it is unlikely that Vendor will know the identity of Customer’s Controllers because Vendor has no direct relationship with Customer’s Controllers; therefore, Customer will fulfill Vendor’s obligations to Customer’s Controllers under the Processor-to- Processor Clauses. (v) The Standard Contractual Clauses will not apply to a Data Transfer if Vendor has adopted Binding Corporate Rules for Processors or an alternative recognized compliance standard for lawful Data Transfers. (vi) If and to the extent the Standard Contractual Clauses (where applicable) conflict with any provision of this DPA, the Standard Contractual Clauses shall prevail to the extent of such conflict.