This Data Processing Agreement (“DPA”) is made and entered into as of the date last signed below and forms part of Torii’s Service Agreement (available at https://toriihq.com/terms) or other commercial agreement between the Parties (the “Agreement”). This DPA indicates that the entity accepting the Agreement, as listed in the applicable Order Form (”You”, ”Your”, “Customer”, or “Data Controller”) are entering into a binding legal agreement with Torii Software, Inc. (if Customer is located within the United States) or Torii Labs Ltd. (if Customer is located outside the United States), together with its affiliates (hereinafter “Torii”, “Us”, “We”, “Our”, “Service Provider” or “Data Processor”). The purpose of this DPA is to reflect the parties’ agreement with regard to the Processing of Personal Data (as such terms are defined below) by Torii on behalf of the Customer. Both parties shall be referred to as the “Parties” and each, a “Party”.
By using Torii’s services (the “Services”), Customer accepts this DPA and you represent and warrant that you have full authority to bind the Customer and its Authorized Affiliates to this DPA. If you cannot, or do not agree to, comply with and be bound by this DPA, or do not have authority to bind the Customer or any other entity, please do not provide Personal Data to us.
The headings contained in this DPA are for convenience only and shall not be interpreted to limit or otherwise affect the provisions of this DPA. Capitalized terms not defined herein shall have the meanings assigned to such terms in the Agreement.
1.1 “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control”, for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
1.2 “Authorized Affiliate” means any of Customer's Affiliate(s) which is explicitly permitted to use the Services pursuant to the Agreement between Customer and Torii, but has not signed its own agreement with Torii and is not a "Customer" as defined under the Agreement.
1.3 “CCPA” means the California Consumer Privacy Act of 2018, Cal. Civ. Code §§ 1798.100 et. seq, and its implementing regulations, as may be amended from time to time, including the California Privacy Rights Act.
1.4 The terms, "Controller", "Member State", "Processor", "Processing" and "Supervisory Authority" shall have the same meaning as in the GDPR. The terms “Business”, “Business Purpose”, “Consumer” and “Service Provider” shall have the same meaning as in the CCPA.
1.5 “Data Subject” means the identified or identifiable person to whom the Personal Data relates.
1.6 “Data Protection Laws and Regulations” means all applicable and binding privacy and data protection laws and regulations applicable to the respective party in its role in the providing and/or Processing of Personal Data under the Agreement, including, where applicable, and to the extent Customers’ Personal Data is subject to such laws and regulations, the laws and regulations of the European Union, the European Economic Area and their Member States, Switzerland, the United Kingdom, Canada, Israel and/or the United States of America, as applicable to the Processing of Personal Data under the Agreement including (without limitation) the GDPR, the UK GDPR, the FADP,the CCPA, the Virginia Consumer Data Privacy Act, and the Colorado Privacy Act, as known or reasonably expected by Torii to be applicable to the Processing of Personal Data hereunder and in effect at the time of Processor’s performance hereunder.
1.7 “FADP” means the Federal Act on Data Protection of 19 June 1992, and as revised as of 25 September 2020, the “Revised FADP.”
1.8 “GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
1.9 “Personal Data” or “Personal Information” means any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, to or with an identified or identifiable natural person or the equivalent definition under applicable Data Protection Laws and Regulations.
1.10 “Security Documentation” means the Security Documentation applicable to the specific Services purchased by Customer, as updated from time to time or as otherwise made reasonably available by Torii.
1.11 “Sensitive Data” means Personal Data that is protected under a special legislation and requires unique treatment, such as “special categories of data”, “sensitive data” or other materially similar terms under applicable Data Protection Laws.
1.12 “Standard Contractual Clauses” means (a) where the GDPR applies, the Standard Contractual Clauses set out in the Annex of Commission Implementing Decision (EU) 2021/914 of 4 June 2021 (“EU SCCs”), or (b) where the UK GDPR applies, the International Data Transfer Addendum to the EU Commission Standard Contractual Clauses of 21 March 2022 (“UK Addendum”).
1.13 “Sub-processor” means any third party that Processes Personal Data under the instruction or supervision of Torii.
1.14 “Torii Group” means Torii and its Affiliates engaged in the Processing of Personal Data.
1.15 "UK GDPR" means the Data Protection Act 2018, as well as the GDPR as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018 and as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019 (SI 2019/419).
2.1 Roles of the Parties. The Parties acknowledge and agree that with regard to the Processing of Personal Data under this DPA, (i) Customer is the Data Controller, (ii) Torii is the Data Processor and that (iii) Torii or members of the Torii Group may engage Sub-processors pursuant to the requirements set forth in Section 5 “Sub-processors” below. For the avoidance of doubt, this DPA does not apply with respect to Processing involving Personal Data of which Torii is a Controller, which shall be governed by Torii’s Privacy Notice available at: https://www.toriihq.com/privacy. For the purposes of the CCPA (and to the extent applicable), Customer is the “Business” and Torii is the “Service Provider” (as such terms are defined in the CCPA), with respect to Processing of Personal Data described in this DPA.
2.2 Customer’s Processing of Personal Data. Customer shall, in its use of the Services, Process Personal Data in accordance with the requirements of Data Protection Laws and Regulations, and comply at all times with the obligations applicable to data controllers (including, without limitation, Article 24 of the GDPR). For the avoidance of doubt, Customer’s instructions for the Processing of Personal Data shall comply with Data Protection Laws and Regulations. Without limiting the foregoing, Customer shall comply with any and all transparency-related obligations (including, without limitation, displaying any and all relevant and required privacy notices or policies) and shall have any and all required legal bases in order to collect, Process and transfer to Torii the Personal Data and to authorize the Processing by Torii of the Personal Data which is authorized in this DPA, including the pursuit of ‘business purposes’ as defined under the CCPA. Customer shall have sole responsibility for the means by which Customer acquired Personal Data. Customer shall defend, hold harmless and indemnify Torii, its Affiliates and subsidiaries (including without limitation their directors, officers, agents, subcontractors and/or employees) from and against any liability of any kind related to any breach, violation, or infringement by Customer and/or its Users of any Data Protection Laws and Regulations and/or this DPA.
2.3 Torii’s Processing of Personal Data. Subject to the Agreement, Torii shall Process Personal Data in accordance with Customer’s documented instructions as necessary for the following purposes: (i) Processing in accordance with the Agreement and this DPA and to provide the Services; (ii) Processing for Customer to be able to use the Services; (iii) Processing to comply with other documented reasonable instructions provided by Customer (e.g., via email) where such instructions are consistent with the terms of the Agreement; (iv) rendering Personal Data fully anonymous, non-identifiable and non-personal in accordance with applicable standards recognized by Data Protection Laws and guidance issued thereunder; (v) Processing as required by Union or Member State law to which Torii is subject and/or as required by a court of competent jurisdiction or other competent governmental or semi-governmental authority to which Torii is subject; in such a case, Torii shall inform the Customer of the legal requirement before processing, unless that law prohibits such information on important grounds of public interest. The duration of the Processing, the nature and purposes of the Processing, as well as the types of Personal Data Processed and categories of Data Subjects under this DPA are further specified in Schedule 1 (Details of the Processing) to this DPA.
To the extent that Torii cannot comply with an instruction or request for the Processing of Personal Data given by Customer and/or its authorized users or where Torii considers such an instruction or request to be unlawful, Torii (i) shall inform Customer, providing relevant details of the problem, (ii) Torii may, without any kind of liability towards Customer, temporarily cease all Processing of the affected Personal Data (other than securely storing those data), and (iii) if the Parties do not agree on a resolution to the issue in question and the costs thereof, each Party may, as its sole remedy, terminate the Agreement and this DPA with respect to the affected Processing, and Customer shall pay to Torii all the amounts owed to Torii or due before the date of termination. Customer will have no further claims against Torii (including, without limitation, requesting refunds for Services) due to the termination of the Agreement and/or the DPA in the situation described in this paragraph.
Torii will not be liable in the event of any claim brought by a third party, including, without limitation, a Data Subject, arising from any act or omission of Torii, to the extent that such is a result of Customer’s instructions.
2.4 Details of the Processing. The subject-matter of Processing of Personal Data by Torii is the performance of the Services pursuant to the Agreement. The duration of the Processing, the nature and purpose of the Processing, as well as the types of Personal Data Processed and categories of Data Subjects under this DPA are further specified in Schedule 1 (Details of the Processing) to this DPA.
2.5 Sensitive Data. The Parties agree that the Services are not intended for the processing of Sensitive Data, and that if Customer wishes to use the Services to process Sensitive Data, it must first obtain Torii’s explicit prior written consent and enter into any additional agreements as required by Torii.
2.6 CCPA Standard of Care; No Sale of Personal Information. Torii acknowledges and confirms that it does not receive or process any Personal Information as consideration for any services or other items that Torii provides to Customer under the Agreement. Torii shall not have, derive, or exercise any rights or benefits regarding Personal Information Processed on Customer’s behalf, and shall not retain, use, or disclose any Personal Information (i) for any purpose other than the Permitted Purposes (defined below), and/or (ii) outside of the direct business relationship between the Parties. Torii may use and disclose Personal Information solely for the purposes for which such Personal Information was provided to it, as stipulated in the Agreement and this DPA. For the avoidance of doubt, such Processing shall include the pursuit of Business Purposes, including providing Customer with Torii’s SaaS management platform designed to help organizations monitor and optimize the use and cost of SaaS applications (collectively: the "Permitted Purposes"). Torii shall not combine the Personal Information Processed on Customer’s behalf with any information it receives from or processes on behalf of any other parties, by way of logical separation. Torii certifies that it understands the rules, requirements and definitions of the CCPA and agrees to refrain from selling and/or sharing (as such terms are defined in the CCPA) any Personal Information Processed hereunder without Customer’s prior written consent or instruction, nor taking any action that would cause any transfer of Personal Information to or from Torii under the Agreement or this DPA to qualify as “selling” or “sharing” such Personal Information under the CCPA. Torii shall notify Customer in the event Torii makes a determination that it can no longer meet its obligations under this Section 2.6 and/or the CCPA.
Torii shall, to the extent legally permitted, promptly notify Customer if it receives a request from a Data Subject to access, correct or delete that person’s Personal Data, a request from a Data Subject to exercise the Data Subject's right of access, right to rectification or erasure, data portability, objection to the Processing, their right not to be subject to automated individual decision making, to opt-out of the sale of Personal Information, or the right not to be discriminated against (“Data Subject Request”). Torii may respond to a Data Subject Request without Customer’s consent in order to confirm that such request relates to Customer, to which Customer hereby agrees. Taking into account the nature of the Processing, Torii shall assist Customer by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of Customer’s obligation to respond to a Data Subject Request under Data Protection Laws and Regulations. To the extent legally permitted, Customer shall be responsible for any costs arising from Torii’s provision of such assistance.
Torii shall grant access to the Personal Data to persons under its authority (including, without limitation, its personnel) only on a need-to-know basis and ensure that such persons engaged in the Processing of Personal Data have committed themselves to confidentiality and non-disclosure. Torii may disclose and Process the Personal Data (a) as permitted hereunder (b) to the extent required by a court of competent jurisdiction or other Supervisory Authority and/or otherwise as required by applicable Data Protection Laws and Regulations (in such a case, Torii shall inform the Customer of the legal requirement before the disclosure, unless that law prohibits such information on important grounds of public interest), or (c) on a “need-to-know” basis under an obligation of confidentiality to legal counsel(s), data protection advisor(s) and accountant(s), investors or potential acquirers.
5.1 Appointment of Sub-processors. Customer acknowledges and agrees that (a) Torii’s Affiliates may be used as Sub-processors; and (b) Torii and/or Torii’s Affiliates respectively may engage third-party Sub-processors in connection with the provision of the Services. Torii makes available to Customer the current list of Sub-processors used by Torii to process Personal Data on Torii's website at: https://info.toriihq.com/torii-sub-processors (“Sub-processor List”). The Sub-processor List as of the date of execution of this DPA is hereby deemed authorized by Customer. Customer may find on Torii’s webpage accessible via https://info.toriihq.com/torii-sub-processors a mechanism to subscribe to notifications of new Sub-processors, to which Customer shall subscribe, and if Customer subscribes, Torii shall provide notification of any new Sub-processor(s) before authorizing such new Sub-processor(s) to Process Personal Data in connection with the provision of the Services.
5.2 Objection Right for New Sub-processors. If Torii provides notice of a new Sub-processor, Customer may reasonably object to Torii’s use of the new Sub-processor for reasons related to the GDPR by notifying Torii promptly in writing at privacy@toriihq.com within three (3) business days after receipt of Torii’s notice, and such written objection shall include the reasons related to the GDPR for objecting to Torii’s use of such new Sub-processor. Failure to object to such new Sub-processor in writing within three (3) business days following Torii’s notice shall be deemed as acceptance of the new Sub-Processor. In the event Customer reasonably objects to a new Sub-processor, as permitted in the preceding sentences, Torii will use reasonable efforts to make available to Customer a change in the Services or recommend a commercially reasonable change to Customer’s use of the Services to avoid Processing of Personal Data by the objected-to new Sub-processor without unreasonably burdening the Customer. If Torii is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, Customer may, as a sole remedy, terminate the applicable Agreement and this DPA with respect only to those Services which cannot be provided by Torii without the use of the objected-to new Sub-processor by providing written notice to Torii, provided that all amounts due under the Agreement before the termination date with respect to the Processing at issue shall be duly paid to Torii. Until a decision is made regarding the new Sub-processor, Torii may temporarily suspend the Processing of the affected Personal Data. Customer will have no further claims against Torii due to the termination of the Agreement (including, without limitation, requesting refunds) and/or the DPA in the situation described in this paragraph.
5.3 Agreements with Sub-processors. Torii or a Torii’s Affiliate on behalf of Torii will enter into a written agreement with each Sub-processor containing appropriate safeguards to the protection of Personal Data. Where Torii engages a Sub-processor for carrying out specific Processing activities on behalf of the Customer, the same or materially similar data protection obligations as set out in this DPA shall be imposed on such new Sub-processor by way of a contract, in particular obligations to implement appropriate technical and organizational measures in such a manner that the Processing will meet the requirements of the GDPR. Where a Sub-processor fails to fulfil its data protection obligations concerning its Processing of Personal Data, Torii shall remain responsible for the performance of the Sub-processor's obligations.
6.1 Controls for the Protection of Personal Data. Taking into account the state of the art, Torii shall maintain all industry-standard technical and organizational measures required pursuant to Article 32 of the GDPR for protection of the security (including protection against unauthorized or unlawful Processing and against accidental or unlawful destruction, loss or alteration or damage, unauthorized disclosure of, or access to, Personal Data), confidentiality and integrity of Personal Data, as set forth in the Security Documentation which are hereby approved by Customer. Upon the Customer’s request, Torii will use commercially reasonable efforts to assist Customer, at Customer’s cost, in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR taking into account, the state of the art, the costs of implementation, the scope, the context, the purposes of the Processing, the nature of the processing and the information available to Torii.
6.2 Third-Party Certifications and Audits. Upon fourteen (14) days prior written request at reasonable intervals (but no more than once every 12 month period), and subject to the confidentiality obligations set forth in the Agreement and this DPA, Torii shall make available to Customer, or its independent third-party auditor, that is not a competitor of Torii, a copy or a summary of Torii’s then most recent third-party audits or certifications, as applicable (which shall constitute Torii’s Confidential Information), and provided that the copy or a summary, shall only be used by Customer to assess compliance with this DPA, and shall not be used for any other purpose whatsoever. At Customer’s cost and expense, Torii shall allow for and contribute to audits, including inspections, conducted by the controller or another auditor mandated by the controller (who is not a direct or indirect competitor of Torii) provided that the parties shall agree on the scope, methodology, timing and conditions of such audits and inspections. Notwithstanding anything to the contrary, such audits and/or inspections shall not contain any information, including without limitation personal data, that does not belong to Customer.
To the extent required under applicable Data Protection Laws and Regulations, shall notify Customer without undue delay after becoming aware of the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data, including Personal Data, transmitted, stored or otherwise Processed by Torii or its Sub-processors of which Torii becomes aware (a “Personal Data Incident”). Torii shall make reasonable efforts to identify the cause of such Personal Data Incident and take those steps as Torii deems necessary, possible and reasonable in order to remediate the cause of such a Personal Data Incident to the extent the remediation is within Torii’s reasonable control. The obligations herein shall not apply to incidents that are caused by Customer or anyone who uses the Services on Customer’s behalf. In any event, Customer will be the party responsible for notifying supervisory authorities and/or concerned data subjects (where required by Data Protection Laws and Regulations).
Subject to the Agreement, Torii shall, at the choice of Customer, delete or return the Personal Data to Customer within up to six (6) months after the end of the provision of the Services relating to processing, and shall delete existing copies unless applicable law requires storage of the Personal Data. In any event, to the extent required or allowed by applicable law, Torii may retain one copy of the Personal Data for evidence purposes and/or for the establishment, exercise or defense of legal claims and/or to comply with applicable laws and regulations. If the Customer requests the Personal Data to be returned, the Personal Data shall be returned in the format generally available for Torii’s customers.
9.1 Transfers from the EEA, Switzerland and the United Kingdom to countries that offer adequate level of data protection. Personal Data may be transferred from EU Member States, the three EEA member countries (Norway, Liechtenstein and Iceland) (collectively, “EEA”), Switzerland and the United Kingdom (“UK”) to countries that offer an adequate level of data protection under or pursuant to the adequacy decisions published by the relevant data protection authorities of the EEA, the European Union, the Member States or the European Commission, Switzerland, and/or the UK as relevant (“Adequacy Decisions”), as applicable, without any further safeguard being necessary.
9.2 Transfers from the EEA, Switzerland and the United Kingdom to other countries. If the Processing of Personal Data by Torii includes a transfer (either directly or via onward transfer):
9.2.1 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 in Part 1 of Schedule 2 (EEA Cross Border Transfers) shall apply;
9.2.2 from 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 for the lawful transfer of personal data (as defined in the UK GDPR) outside the UK (“UK Transfer”), the terms set forth in the UK Addendum as incorporated by Part 2 of Schedule 2 (UK Cross Border Transfers) shall apply;
9.2.3 from Switzerland 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 under the GDPR) outside Switzerland (“Switzerland Transfer”), the terms set forth in Part 3 of Schedule 2 (Switzerland Cross Border Transfers) shall apply;
9.2.4 the terms set forth in Part 4 of Schedule 2 (Additional Safeguards) shall apply to any of such transfers.
10.1 Contractual Relationship. The Parties acknowledge and agree that, by executing the DPA, the Customer enters into the DPA on behalf of itself and, as applicable, in the name and on behalf of its Authorized Affiliates, thereby establishing a separate DPA between Torii. Each Authorized Affiliate agrees to be bound by the obligations under this DPA. All access to and use of the Services by Authorized Affiliates must comply with the terms and conditions of the Agreement and this DPA and any violation of the terms and conditions therein by an Authorized Affiliate shall be deemed a violation by Customer.
10.2 Communication. The Customer shall remain responsible for coordinating all communication with Torii under the Agreement and this DPA and shall be entitled to make and receive any communication in relation to this DPA on behalf of its Authorized Affiliates.
Upon Torii’s reasonable request, Torii shall provide Customer, at Customer’s cost, with reasonable cooperation and assistance needed to fulfill Customer’s obligation under the GDPR or the UK GDPR (as applicable) to carry out a data protection impact assessment related to Customer’s use of the Services, to the extent Customer does not otherwise have access to the relevant information, and to the extent such information is available to Torii. Torii shall provide, at Customer’s cost, reasonable assistance to Customer in the cooperation or prior consultation with the Supervisory Authority in the performance of its tasks relating to this Section 11 to the extent required under the GDPR or the UK GDPR, as applicable.
This DPA (including without limitation, any applicable Standard Contractual Clauses) shall automatically terminate upon the termination or expiration of the Agreement under which the Services are provided. For clarity, this DPA cannot, in principle, be terminated separately to the Agreement, except where the Processing ends before the termination of the Agreement, in which case, this DPA shall automatically terminate.
This DPA is part of the Agreement and shall be governed by the terms contained therein, including all limitations of liability set forth therein. In the event of any conflict between the provisions of this DPA and the provisions of the Agreement, the provisions of this DPA shall prevail over the conflicting provisions of the Agreement.
The Parties represent and warrant that they each have the power to enter into, execute, perform and be bound by this DPA on behalf of itself and its Authorized Affiliates. You, as the signing person on behalf of Customer, represent and warrant that you have, or you were granted, full authority to bind the Organization and, as applicable, its Authorized Affiliates to this DPA. If you cannot, or do not have authority to, bind your organization and/or its Authorized Affiliates, you shall not supply or provide Personal Data to Torii.
Customer enters into this DPA on behalf of itself and, to the extent required or permitted under applicable Data Protection Laws and Regulations, in the name and on behalf of its Authorized Affiliates, if and to the extent that Torii processes Personal Data for which such Authorized Affiliates qualify as the/a “data controller”.
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Torii will Process Personal Data as necessary to perform the Services pursuant to the Agreement, as further instructed by Customer in its use of the Services.
Subject to any Section of the DPA and/or the Agreement dealing with the duration of the Processing and the consequences of the expiration or termination thereof, Torii will Process Personal Data for the duration of the Agreement, unless otherwise agreed upon in writing.
Customer may submit Personal Data to the Services, the extent of which is determined and controlled by Customer in its sole discretion, and which may include, but is not limited to the following categories of Personal Data:
The Customer and the Data Subjects shall provide the Personal Data to Torii by supplying the Personal Data to Torii’s Service.
In some limited circumstances Personal Data may also come from others sources, for example, in the case of anti-money laundering research, fraud detection or as required by applicable law. For clarity, Customer shall always be deemed the “Data Controller” and Torii shall always be deemed the “data processor” (as such terms are defined in the GDPR).
Customer may submit Personal Data to the Services, the extent of which is determined and controlled by Customer in its sole discretion, and which may include, but is not limited to Personal Data relating to the following categories of data subjects:
Table 1: The Parties: as stipulated in Section 8 of Part 1 of this Schedule 2.
Table 2: Selected SCCs, Modules and Selected Clauses: as stipulated in Part 1 of this Schedule 2.
Table 3: Appendix Information: means the information which must be provided for the selected modules as set out in the Appendix of the EU SCCs (other than the Parties), and which for this Part 2 is set out in Part 1 to this Schedule 2.
Entering into this Part 2:
Interpretation of this Part 2:
| Addendum EU SCCs | The version(s) of the EU SCCs which this Part 2 is appended to, as set out in Table 2, including the Appendix Information. |
| Appendix Information | As set out in Table 3. |
| Appropriate Safeguards | The standard of protection over the personal data and of data subjects’ rights, which is required by UK Data Protection Laws when the Parties are making a UK Transfer relying on standard data protection clauses under Article 46(2)(d) UK GDPR. |
| EU SCCs | As defined in the DPA |
| ICO | The information commissioner. |
| Part 2 | This Part 2 which is made up of this Part 2 incorporating the Addendum EU SCCs. |
| UK Addendum | As defined in the DPA |
| UK Data Protection Laws | All laws relating to data protection, the processing of personal data, privacy and/or electronic communications in force from time to time in the UK, including the UK GDPR and the Data Protection Act 2018. |
| UK GDPR | As defined in Section 3 of the Data Protection Act 2018. |
| UK | The United Kingdom of Great Britain and Northern Ireland. |
| UK Transfer | A transfer which is covered by Chapter V of the UK GDPR. |
Hierarchy:
Incorporation and changes to the EU SCCs:
Amendments to this Part 2
The Parties agree that the EU SCCs as amended by Part 1 of this Schedule 2, shall be adjusted as set out below where the Federal Act on Data Protection of 19 June 1992 (the “FADP”, and as revised as of 25 September 2020, the “Revised FADP”) applies to Switzerland Transfers:
