Common use of Use of Subprocessors Clause in Contracts

Use of Subprocessors. 1. Either Party may, and has general consent from the other Party to, use Subprocessors, Parties may appoint and use Subprocessors to Process the Personal Data in connection with the Agreement provided that, in each case, it has in place a contract in writing with each Subprocessor that is relevant to the services to be provided by the Subprocessors and under which the Subprocessor (i) provides sufficient guarantees to implement appropriate technical and organisational measures, and (ii) abides by terms materially similar to the rights and/or obligations imposed on Dell under this Schedule. Subprocessors may include third parties or any Affiliate of a Party. Where a Subprocessor fails to fulfil its data protection obligations as specified above, the relevant Processor having engaged that Subprocessor shall be liable to the other Party for the performance of the Subprocessors’ obligations.