To the extent that CDNetworks processes any personal data within the meaning of article 2 (a) of European Directive 95/46 or any superseding text (the “EU Privacy Legislation”) of 24 October 1995 (the “Personal Data”) on behalf of Customer pursuant the Master Services Agreement (“Agreement” or “MSA”): (a) CDNetworks acts only as a processor on the instructions of Customer; and (b) Customer warrants that it has duly informed individuals to whom such data relates (“Data Subjects”) of such data processing in compliance with the applicable law(s) and obtained all necessary consents therefrom, and that it has performed all necessary notifications or any other required formalities, to permit CDNetworks to process any Personal Data on Customer’s behalf.
Customer agrees that CDNetworks may process Customer employees’ and/or end-customers’ names and other details obtained from the MSA and related dealings to the extent necessary to carry out its obligations thereunder. Such data shall only be used by employees of CDNetworks, its group companies, its applicable agents, and/or any contractor or subcontractor. Customer shall procure that any Data Subject has consented or not objected to, as applicable, the processing of his/her data by CDNetworks in the manner described in this clause.
To the extent that CDNetworks, its affiliates and any relevant contractor or subcontractor, located in or outside the European Economic Area (“EEA”), processes any Personal Data on behalf of Customer, Customer, as controller, is solely responsible for providing the Data Subjects with the relevant information regarding the possible processing of their Personal Data outside the EEA.
The Customer is solely responsible for performing any and all formalities with regard to such Personal Data transfer outside the EEA, as required by the applicable law(s). The Customer shall prepare, at its own expense, any and all document, formality or agreement, which is required by the applicable law(s). Notwithstanding the foregoing in this clause, Customer hereby expressly authorizes CDNetworks to execute, on behalf of Customer, any agreement whose execution is required by the applicable law(s) with respect to Personal Data transfers outside of the EEA in connection with CDNetworks’ obligations under the MSA.
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