Transfers Outside of the EU. During the provision of Services under the DPA, it may be necessary for Xxxxxx to transfer Personal Data from the European Union, the European Economic Area and/or their member states, the United Kingdom, or Switzerland to Processor in a country that does not have an adequacy decision from the European Commission or is not located in the European Economic Area. In the event of such a transfer, the Standard Contractual Clauses apply as follows:
9.1.1. In relation to Personal Data that is subject to the GDPR (i) Processor will be deemed the "data importer" and Ivanti is the "data exporter"; (ii) the Module Two terms shall apply where Xxxxxx is a Data Controller and where Processor is a Data Processor; (iii) in Clause 7, the optional docking clause shall be deleted; (iv) in Clause 9 of Module Two, Option 2 shall apply and the list of Subprocessors and time period for notice of changes shall be as agreed under Section 5 of this DPA; (v) in Clause 11, the optional language shall be deleted; (vi) in Clause 17, Option 1 shall apply and the Standard Contractual Clauses shall be governed by the member state where Xxxxxx is domiciled; (vii) in Clause 18(b), disputes shall be resolved before the courts of the member state where Xxxxxx is domiciled; (viii) Annex I and Annex II shall be deemed completed with the information set out in Schedule 1 of this DPA respectively; and (ix) if and to the extent the Standard Contractual Clauses conflict with any provision of the Agreement (including this DPA) the Standard Contractual Clauses shall prevail to the extent of such conflict. For this section, the Standard Contractual Clauses from the Commission Implementing Decision (EU) 2021/914 are incorporated by reference and available here: xxxxx://xx.xxxxxx.xx/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc/standard-contractual-clauses-international-transfers_en.
9.1.2. In relation to Personal Data that is subject to UK Data Protection Laws, the International Data Transfer Agreement (“IDTA”) shall apply with the following modifications: (i) the contact information about the parties to the Agreement is the contact information for the IDTA; (ii) Ivanti is the data exporter and Processor is the data importer; (iii) the laws that govern the IDTA and the location where legal claims can be made is England and Wales; (iv) the UK GDPR does not apply to the data importer’s processing of transferred data; (v) the Parties do not us...
Transfers Outside of the EU. 4.1 The Processor will not process or transfer any data outside of the EU for processing.
Transfers Outside of the EU. In the course of the provision of Services under the DPA, it may be necessary for Channel Partner to transfer Personal Data from the European Union, the European Economic Area and/or their member states, Switzerland, or the United Kingdom, to Processor in a country that does not have an adequacy decision from the European Commission or is not located in the European Economic Area. In the event of such a transfer, the Standard Contractual Clauses set forth in Schedule 2 shall apply.
Transfers Outside of the EU. Where Users are located outside of the European Union, the European Economic Area or countries providing an adequate level of protection within the meaning of article 45.1 of Data Protection Law, the access to and transfer of Data to the concerned Users will be subject to the entry by the User and UL/LCSB into a data transfer agreement based on the contractual clauses in Annex C. The Data Provider hereby gives power of attorney to, and appoints UL/LCSB (who accepts) as its agent (‘mandataire’) to sign on its behalf such contractual clauses with concerned Users.
