Transfers of Data. 10.1 Transfers to countries that offer adequate level of data protection. Personal Data may be transferred from the EU Member States, the three EEA member countries (Norway, Liechtenstein and Iceland) and the United Kingdom (collectively, “EEA”) to countries that offer adequate level of data protection under or pursuant to the adequacy decisions published by the relevant data protection authorities of the EEA, the Union, the Member States or the European Commission (“Adequacy Decisions”), without any further safeguard being necessary.
Transfers of Data. You agree that the Customer Data may be transferred or stored outside the country where You and Your customers are located in order to carry out the Services and Our other obligations under the Agreement. You represent and warrant that You have obtained all consents necessary for Us to collect, access, process, store, transmit, and otherwise use Customer Data in accordance with the Agreement. You shall comply with all requirements of integrity, quality, legality and all other similar aspects in respect of Customer Data. We may, but are not obligated to, review or monitor any Customer Data. We expressly disclaim any duty to review or determine the legality, accuracy or completeness of Customer Data.
Transfers of Data. If the storage and/or processing of Customer Personal Data involves transfers of Customer Personal Data from the EEA, Switzerland or the UK to any third country that does not ensure an adequate level of protection under European Data Protection Law, and European Data Protection Law applies to those transfers, then:
a. if Customer (as data exporter) enters into the Model Contract Clauses with Google LLC (as data importer) within the Admin Console, then:
i. the transfers will be subject to the Model Contract Clauses; and
ii. Google will ensure that Google LLC complies with its obligations under the Model Contract Clauses in respect of those transfers; or
b. if Customer does not enter into the Model Contract Clauses as described in Section 10.2(a), then:
i. if an Alternative Transfer Solution is made available by Google: (A) Customer will be deemed to be using it and will take any action (which may include execution of documents) strictly required to give it full effect; and (B) Google will ensure that the transfers are made in accordance with such Alternative Transfer Solution; or
ii. if an Alternative Transfer Solution is not made available by Google: (A) Customer (as data exporter) will be deemed to have entered into the Model Contract Clauses with Google LLC (as data importer); (B) the transfers will be subject to the Model Contract Clauses; and (C) Google will ensure Google LLC complies with its obligations under the Model Contract Clauses in respect of those transfers; and
c. if Customer has entered into the Model Contract Clauses but reasonably determines subsequently that they do not provide an adequate level of protection, then:
i. if an Alternative Transfer Solution is made available by Google, Customer may, by notifying Google LLC via Google’s Cloud Data Protection Team in accordance with Section 12.1 (Google’s Cloud Data Protection Team), terminate any Model Contract Clauses applicable under Section 10.2(a), such that Section 10.2(b)(i) will apply; or
ii. if an Alternative Transfer Solution is not made available by Google, Customer may terminate the Agreement immediately by notifying Google.
Transfers of Data. 9.2.1 THIS SECTION IS APPLICABLE TO ALL CUSTOMERS EXCLUDING THOSE IN AUSTRALIA AND NEW ZELAND. You agree that the Customer Data may be transferred or stored outside the country where You and Your customers are located in order to carry out the Services and Our other obligations under the Agreement.
9.2.2 THIS SECTION 9.2 IS APPLICABLE TO CUSTOMERS IN AUSTRALIA AND NEW ZEALAND ONLY. Customer Data will reside in Australia throughout the term of the relevant Service Order. Customer Data may be disclosed to an overseas recipient solely for the purposes of providing maintenance, Support and/or responding to a troubleshooting requests, provided, however, We, or our licensor, Genesys will comply with its relevant obligations under the Privacy Xxx 0000 (Cth) and/or State and Territory privacy legislation, and/or the Privacy Xxx 0000 (NZ) (collectively, the “Privacy Laws”). Your prior written consent will be obtained for the disclosure of Customer Data to an overseas recipient where We, or Our licensor, Genesys, feels it cannot comply with the relevant Privacy Laws or where an exception under the relevant Privacy Laws does not exist
Transfers of Data. If the storage and/or processing of Customer Personal Data. involves transfers of Customer Personal Data from the EEA, Switzerland or the UK to any third country that is not subject to an adequacy decision under the European Data Protection Legislation:
(a) Customer (as data exporter) will be deemed to have entered into the Model Contract Clauses with Google LLC (as data importer);
(b) the transfers will be subject to the Model Contract Clauses; and
(c) Google will ensure that Google LLC complies with its obligations under such Model Contract Clauses in respect of such transfers.
Transfers of Data. Google will ensure that:
(a) the parent company of the Google group, Google LLC, remains self-certified under Privacy Shield; and
(b) the scope of Google LLC’s Privacy Shield certification includes Customer Personal Data.
Transfers of Data. 10.1 Transfers to countries that offer adequate level of data protection. Personal Data may be transferred from the EU Member States, the three EEA member countries (Norway, Liechtenstein and Iceland) and the United Kingdom (collectively, “EEA”) to countries that offer adequate level of data protection under or pursuant to the adequacy decisions published by the relevant data protection authorities of the EEA, the Union, the Member States or the European Commission (“Adequacy Decisions”), without any further safeguard being necessary.
10.2 Transfers to other countries. If the Processing of Personal Data includes transfers:
10.2.1 from the EEA to other countries which have not been subject to a relevant Adequacy Decision, and such transfers are not performed through an alternative recognized compliance mechanism for the lawful transfer of personal data (as defined in the GDPR) outside the EEA (“EEA Transfer”), the terms set forth below shall apply:
(i) The Parties agree that the terms of the Standard Contractual Clauses are hereby incorporated by reference and shall apply to an EEA Transfer.
(ii) Module Two (Controller to Processor) of the Standard Contractual Clauses shall apply where the EEA Transfer is effectuated by Client as the data controller of the Personal Data and Firebolt is the data processor of the Personal Data.
(iii) Module Three (Processor to Processor) of the Standard Contractual Clauses shall apply where the EEA Transfer is effectuated by Client as the data processor of the Personal Data and Firebolt is a Sub-processor of the Personal Data.
(iv) Clause 7 of the Standard Contractual Clauses (Docking Clause) shall apply.
(v) Option 2: GENERAL WRITTEN AUTHORISATION in Clause 9 of the Standard Contractual Clauses shall apply, and the method for appointing and time period for prior notice of Sub-processor changes shall be as set forth in Section 5.2 of the DPA.
(vi) In Clause 11 of the Standard Contractual Clauses, the optional language will not apply.
(vii) In Clause 17 of the Standard Contractual Clauses, Option 1 shall apply, and the Parties agree that the Standard Contractual Clauses shall be governed by the laws of the Republic of Ireland.
(viii) In Clause 18(b) of the Standard Contractual Clauses, disputes will be resolved before the courts of the Republic of Ireland.
(ix) Annex I.A of the Standard Contractual Clauses shall be completed as follows: Data Exporter: Client whose details are provided in the Agreement or the Order Terms. Conta...
Transfers of Data. If the storage and/or processing of Customer Personal Data involves transfers of Customer Personal Data from the EEA, Switzerland or the UK to any third country that does not ensure an adequate level of protection under European Data Protection Law, and European Data Protection Law applies to those transfers, then:
a. if Customer (as data exporter) enters into the Model Contract Clauses with Google LLC (as data importer) in an offline form, then:
i. the transfers will be subject to the Model Contract Clauses; and
ii. Google will ensure that Google LLC complies with its obligations under the Model Contract Clauses in respect of those transfers; or
b. if Customer does not enter into the Model Contract Clauses as described in Section 10.2(a), then:
i. if an Alternative Transfer Solution is made available by Google: (A) Customer will be deemed to be using it and will take any action (which may include execution of documents) strictly required to give it full effect; and (B) Google will ensure that the transfers are made in accordance with such Alternative Transfer Solution; or
ii. if an Alternative Transfer Solution is not made available by Google: (A) Customer (as data exporter) will be deemed to have entered into the Model Contract Clauses with Google LLC (as data importer); (B) the transfers will be subject to the Model Contract Clauses; and (C) Google will ensure Google LLC complies with its obligations under the Model Contract Clauses in respect of those transfers.
Transfers of Data. If the storage and/or processing of Customer Personal Data involves transfers of Customer Personal Data from the EEA, Switzerland or the UK to any third country that does not ensure an adequate level of protection under European Data Protection Law, and European Data Protection Law applies to those transfers, then:
Transfers of Data. VidCruiter’s headquarters in Canada is our primary location for business operations. In addition, VidCruiter maintains a presence in the in the United Kingdom, European Union, Australia and the Philippines. Servers hosting the VidCruiter platform are located in the United States, EU, Canada, and Australia. In order to provide Use with the information, products, or services Use have requested, Personal Data may be transferred or shared with other companies within our family of companies, including those third-party vendors who act on our behalf, process Personal Data in accordance with the purposes for which the data was originally collected, or for purposes to which Data Subjects have subsequently consented. Our Privacy Policy, supported by model contract agreements and safeguards for data governance, are designed to provide equivalent data protection for all customers wherever they may reside. For example, regarding normal business operations, VidCruiter may engage a third-party to support our billing, support services, information technology, or mailings on our behalf. We may also disclose User’s Personal Information as required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect User’s safety, or the safety of others, investigate fraud, or respond to a government request.
