8.2 Standard Contractual Clauses. The Standard Contractual Clauses apply to any transfers of Personal Data under this DPA from the European Union, the European Economic Area and/or their member states, Switzerland and the United Kingdom to RELAYTO LIMITED’s facilities in countries which do not ensure an adequate level of data protection within the meaning of Data Protection Laws and Regulations, to the extent such transfers are subject to such Data Protection Laws and Regulations. ” (a) Instructions. For the purposes of Section 2 of the DPA, the following acts are deemed an instruction by the Customer to process Personal Data: (a) Customer’s entering into the Agreement and applicable Order Form(s) are deemed instructions to Process Personal Data as is necessary to perform services under the Agreement; (b) Users actions that initiate Processing while using the SCC Services; and (c) Customer’s other documented reasonable instructions provided by Customer (e.g., via email) where such instructions are consistent with the terms of the Agreement. (b) Notification of New Sub-processors and Objection Right for new Sub-processors. Customer acknowledges and expressly agrees that Service Provider may engage new Sub- processors as described in the DPA. (c) Copies of Sub-processor Agreements. The parties agree that RELAYTO LIMITED may redact the copies of the Sub-processor agreements that must be provided by RELAYTO LIMITED to Customer. RELAYTO LIMITED will provide copies of the Sub-processor agreements, only upon request by Customer. (d) Audits and Certifications. The parties agree that the audits shall be carried out in accordance with the following specifications. Customer request an on-site audit of the procedures relevant to the protection of Personal Data, and Customer and RELAYTO LIMITED shall mutually agree upon the scope, timing, and duration of the audit in addition to the reimbursement rate for which Customer shall be responsible. Customer shall promptly notify RELAYTO LIMITED with information regarding any non-compliance discovered during the course of an audit. 8.3 Certification of Deletion. The parties agree that the certification of deletion of Personal Data that is described in Standard Contractual Clauses shall be provided by Service Provider to Customer only upon Customer’s request. 8.4 Conflict. In the event of any conflict or inconsistency between the body of this DPA and the Standard Contractual Clauses, the Standard Contractual Clauses shall prevail. Support may be reached at [email protected] 21 of 52
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