Common use of Transfers to other countries Clause in Contracts

Transfers to other countries. If the Processing of Personal Data by Processor includes transfers (either directly or via onward transfer) from the EEA, Switzerland and/or the UK 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 as may be adopted by Processor for the lawful transfer of personal data (as defined in the GDPR) outside the EEA, Switzerland or the UK, as applicable, then the Standard Contractual Clauses shall apply. Where the transfer of Personal Data is made subject to the Standard Contractual Clauses, the “data importer” thereunder shall be either the Processor or its Sub-processor, as the case may be and as determined by Processor, and the “data exporter” shall be the Controller of such Personal Data. The Processor shall, and shall ensure that the relevant Sub-processor shall (where applicable) comply with the data importer’s obligations, and the Controller shall comply with the data exporter obligations, in each case under the applicable Standard Contractual Clauses. If necessary, Processor will ensure that its Sub-processor enters into Standard Contractual Clauses with Customer directly, and in such case Customer hereby gives Processor an instruction and mandate to sign the Standard Contractual Clauses with any such Sub-processor in Customer’s name and on behalf of Customer. The Standard Contractual Clauses will not apply to Personal Data that relates to individuals located outside of the EEA, or that is not transferred, either directly or via onward transfer, outside the EEA.

Transfers to other countries. If the Processing of Personal Data by Processor Unique includes transfers (either directly or via onward transfer) from the EEA, Switzerland and/or the UK 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 as may be adopted by Processor Unique for the lawful transfer of personal data (as defined in the GDPR) outside the EEA, Switzerland or the UK, as applicable, then the Standard Contractual Clauses shall apply. Where the transfer of Personal Data is made subject to the Standard Contractual Clauses, the “data importer” thereunder shall be either the Processor Unique or its Sub-processorProcessor, as the case may be and as determined by ProcessorUnique, and the “data exporter” shall be the Controller of such Personal Data. The Processor shall, and shall ensure that the relevant Sub-processor shall (where applicable) comply with the data importer’s obligations, and the Controller shall comply with the data exporter obligations, in each case under the applicable Standard Contractual Clauses. If necessary, Processor Unique will ensure that its Sub-processor Processor enters into Standard Contractual Clauses with Customer directly, and in such case case, Customer hereby gives Processor Unique an instruction and mandate to sign the Standard Contractual Clauses with any such Sub-processor Processor in Customer’s name and on behalf of Customer. The Standard Contractual Clauses will not apply to Personal Data that relates to individuals located outside of the EEA, or that is not transferred, either directly or via onward transfer, outside the EEA.

Transfers to other countries. If the Processing of Personal Data by Processor includes transfers (either directly or via onward transfer) from the EEA, Switzerland and/or the UK 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 as may be adopted by Processor for the lawful transfer of personal data (as defined in the GDPR) outside the EEA, Switzerland or the UK, as applicable, then the Standard Contractual Clauses shall apply. Where the transfer of Personal Data is made subject to the Standard Contractual Clauses, the “data importer” thereunder shall be either the Processor or its Sub-Sub- processor, as the case may be and as determined by Processor, and the “data exporter” shall be the Controller of such Personal Data. The Processor shall, and shall ensure that the relevant Sub-processor shall (where applicable) comply with the data importer’s obligations, and the Controller shall comply with the data exporter obligations, in each case under the applicable Standard Contractual Clauses. If necessary, Processor will ensure that its Sub-processor enters into Standard Contractual Clauses with Customer directly, and in such case Customer hereby gives Processor an instruction and mandate to sign the Standard Contractual Clauses with any such Sub-processor in Customer’s name and on behalf of Customer. The Standard Contractual Clauses will not apply to Personal Data that relates to individuals located outside of the EEA, or that is not transferred, either directly or via onward transfer, outside the EEA.