European Union (EU) data protection law regulates the transfer of personal data to countries outside the European Economic Area (EEA). With respect to the various products and services that the Search Provider offers to its partners, such personal data may include data about partners of the Search Provider or their end users, and end users of the Search Provider. On a practical level, compliance with EU data protection laws means that personal data collected and processed in connection with the services provided by the Search Provider to its partners and end users can be transferred to and processed outside of the EEA.
The following clauses, which form an integral part of the Search Provider agreements which contain a link to this page (the “Agreement”
), are based on the standardized contractual clauses approved by the European Commission to ensure that any personal data leaving the EEA will be transferred in compliance with EU data protection laws and meet the requirements of the EU Data Protection Directive 95/46/EC.
A reference to “Partner” in the clauses below may mean a Publisher, Distributor or Advertiser depending on your title under the Agreement which incorporates these clauses. To the extent that you are a Publisher or Distributor, you acknowledge and agree that the flow of data from you to the Search Provider and nature of the relationship between you and the Search Provider characterizes you as the “Data Exporter” and The Search Provider as the “Data Importer”. To the extent that you are an Advertiser, you acknowledge and agree that the flow of data and the nature of the relationship between you and the Search Provider characterizes the Search Provider as the “Data Exporter” and you as the “Data Importer”.
Contractual Data Transfer Clauses:
The parties represent and warrant that the Search Provider and Partner are both considered Data Controllers as such terms are defined under applicable EU law.
1. Obligations of Data Exporter
2. Obligations of Data Importer
(b) Data Importer undertakes and agrees that: (a) it will process Personal Data in accordance with the relevant data protection legislation applicable to a data controller and it has no reason to believe that the legislation applicable to it prevents it from fulfilling its obligations in regard to the processing of Personal Data; (b) it has in place appropriate Technical and Organisational Security Measures to protect the Personal Data and to provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected; (c) it will deal properly with reasonable inquiries from Data Exporter or from the law enforcement authority relating to its processing of the Personal Data (including submitting its data processing facilities, data files and documentation needed for processing to reviewing, auditing and/or certifying by the Data Exporter (or any independent or impartial inspection agents or auditors, selected by the Data Exporter and not reasonably objected to by the Data importer) to ascertain compliance with the undertakings in these clauses, with reasonable notice and during regular business hours. The request will be subject to any necessary consent or approval from a regulatory or supervisory authority within the country of the Data Importer, which consent or approval the Data Importer will attempt to obtain in a timely fashion; (d) it will have in place procedures so that any third party it authorises to have access to Personal Data, including data processors, will respect and maintain the confidentiality and security of the Personal Data. Any person acting under the authority of Data Importer, including a data processor shall be obligated to process the Personal Data only on instructions from SData Importer. Subsection 2(f) does not apply to persons authorised or required by law or regulation to have access to the Personal Data; (e) it will process the Personal Data for purposes described hereunder and in the Agreement, and has the legal authority to give the warranties and fulfil the undertakings set out in these sections; (f) it will not disclose or transfer Personal Data to a third party data controller located outside the European Economic Area (EEA) unless such transfer is approved hereunder or it notifies Data Exporter about the transfer and: (i)the third party data controller processes the personal data in accordance with a Commission decision finding that a third country provides adequate protection, or (ii) the third party data controller becomes a signatory to these clauses (or similar clauses) or another data transfer agreement approved by a competent authority in the EU.
In the event that Data Importer is in breach of its obligations under Section 2, then Data Exporter may temporarily suspend the transfer of personal data to Data Importer until the breach is repaired or terminate the Agreement immediately.
The parties will promptly notify each other about (i) any legally binding request for disclosure of Personal Data by a law enforcement authority unless otherwise prohibited and (ii) any request received directly from an end user and respond to such request to the extent reasonably possible and with the information reasonably available to it if the other party is unwilling or unable to respond.
4. Search Provider Collection
All capitalized terms that are not defined in this clauses shall have the same meaning as set forth in the relevant agreement between you and the Search Provider. For the purpose of these clauses: (a) "Personal Data" means any data related to individual or identifies an individual or may with reasonable effort identify an individual, and (b) "Technical and Organizational Security Measures" means measures aimed at protecting Personal Data against accidental, unauthorized or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access and against all other unlawful forms of processing.