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Confidential ©2022 Workday (UDPE Global v22.3) Page 2 City of San Leandro Professional Services Data ta or information that is provided to Workday under a Professional Services Agreement for the purpose of being input into a Service, or Covered Data accessed within or extracted from the means: (i) where the EU GDPR applies, a country outside of the EEA which is not subject to an adequacy determination by the European Commission; (ii) where the UK GDPR applies, a country outside the UK which is not based on adequacy regulations pursuant to Section 17A of the UK Data Protection Act 2018; and (iii) where the Swiss Federal Act on Data Protection of June 19, 1992 applies, a country outside Switzerland which has not been recognized to provide an adequate level of protection by the Federal Data Protection and Information Commissioner. "Restricted Transfer"means: (i) where the EU GDPR applies, a transfer of Personal Data from the European Economic EEA of Personal Data from the UK to a Restricted Country; and (iii) where the Swiss Federal Act on Data Protection of June 19, 1992 applies, a transfer of Personal Data from Switzerland to a Restricted Country. means (i) where the EU GDPR applies, the clauses annexed to the European pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council ("EU SCCs"); and (ii) where the UK GDPR applies, standard data protection clauses adopted pursuant to or permitted under Article 46 of the UK GDPR ("UK SCCs"). means a Workday Affiliate or third-party entity engaged by Workday or a Workday Affiliate as a Data Processor under this DPE. means the subprocessor list identifying the Subprocessors that are authorized to Process Personal Data,https://www.workday.com/en- us/legal/subprocessors.html). https://www.workday.com/en-us/why-workday/security-trust.html). 2. Processing Personal Data 2.1 Scope and Role of the Parties. This DPE applies to the Processing of Personal Data by Workday to provide the Covered Service. For the purposes of this DPE, Customer is the Data Controller and Workday is the Data Processor, except when Customer acts as a Data Processor of Personal Data, in which case Workday is a subprocessor. 2.2 Instructions for Processing. instructions. Customer instructs Workday to Process Personal Data to provide the Covered Service in accordance with provide additional instructions to Workday to Process Personal Data, however Workday shall be obligated to perform such additional instructions only if they are consistent with the terms and scope of the Agreement and this DPE. To the extent the CCPA applies to Personal Data, Workday will not (i) Sell Personal Data, nor (ii) retain, use or disclose Personal Data for any purpose other than to provide the Covered Services in accordance with the Agreement. the meaning set forth in the CCPA. 2.3 Compliance with Laws. Workday shall comply with all Data Protection Laws applicable to Workday in its role as a Data Processor Processing Personal Data. Customer shall comply with all Data Protection Laws applicable to Customer as a Data Controller and shall obtain all necessary consents, and provide all necessary notifications, to Data Subjects to enable Workday to carry out lawfully the Processing contemplated by this DPE. 3. Subprocessors 3.1 Use of Subprocessors. Customer hereby agrees and provides a general authorization that Workday and Workday Affiliates may engage Subprocessors. Workday or the relevant Workday Affiliate engaging a Subprocessor shall ensure that such Subprocessor has entered into a written agreement that is no less protective than this DPE. Workday shall be liable for the acts and omissions of any Subprocessors to the same extent as if the acts or omissions were performed by Workday. Docusign Envelope ID: B7B2CF4A-C414-47B2-BF08-2BCDA4573B8E