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WorkDay_-_MSA_-_ERP_453086
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WorkDay_-_MSA_-_ERP_453086
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9/15/2025 8:56:56 PM
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8/7/2024 9:14:27 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
7/22/2024
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PERM
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Confidential <br />©2022 Workday (UDPE Global v22.3) Page 4 <br />City of San Leandro <br />9. Return and Deletion of Personal Data <br />Upon termination of the Covered Service, Workday shall return and delete Personal Data in accordance with the relevant <br />provisions of the Agreement. <br />10. Transfers of European Personal Data <br />10.1 Transfer Safeguards. The transfer safeguards listed below shall apply to all Restricted Transfers. <br />10.2 Binding Corporate Rules.For the Covered Services identified in Addendum B, the Workday BCRs apply to the <br />Processing of Personal Data of a Customer or Customer Affiliate established in the EEA. In this event, all provisions of the <br />Workday BCRs are incorporated by this reference and shall be binding and enforceable for Customer according to <br />Section 1.4 of the Workday BCRs as if they were set forth in this DPE in their entirety. If any conflict or inconsistency <br />arises between this DPE and the Workday BCRs, the Workday BCRs shall prevail. <br />10.3 Processor-to-Processor SCCs. Where Workday is located within the EEA, Workday has implemented the <br />Standard Contractual Clauses for any Restricte <br />10.4 Controller-to-Processor SCCs. Where Workday is located in a Restricted Country, the Standard Contractual <br />follows: <br />10.4.1 EU Personal Data.In relation to Personal Data that is protected by the EU GDPR, the EU SCCs will apply <br />completed as follows: <br />(i) Module 2 applies unless the Customer is a Processor in which case Module 3 applies; <br />(ii) in Clause 7, the optional docking clause will not apply; <br />(iii) in Clause 9, Option 2 will apply, and the time period for prior notice of subprocessor changes will be in accordance <br />with the notification process set out in Section 3.2 of this DPE; <br />(iv) in Clause 11, the optional redress language will not apply; <br />(v) in Clause 17, Option 1 will apply, and the Standard Contractual Clauses will be governed by the law specified in the <br />MSA, provided that law is an EU Member State law recognizing third party beneficiary rights, otherwise, the laws of <br />Ireland apply; <br />(vi) in Clause 18(b), disputes shall be resolved before the courts specified in the MSA, provided these courts are located <br />in an EU Member State, otherwise those courts shall be the courts of Ireland; <br />(vii) Annex I of the Standard Contractual Clauses shall be deemed completed with the information set out in Annex I to <br />this DPE; and <br />(viii) Annex II of the Standard Contractual Clauses shall be deemed completed with the information set out in Annex II to <br />this DPE. <br />10.4.2 UK Personal Data.In relation to Personal Data that is protected by the UK GDPR, the UK SCCs will apply as <br />follows: <br />(i) For so long as it is lawfully permitted to rely on the Standard Contractual Clauses set out in the European <br />2010 SCCs ) for transfers of Personal Data protected by the UK GDPR, the 2010 <br />SCCs shall apply between the Customer and Workday completed as follows: <br />(a) Appendix 1 shall be completed with the relevant information set out in Annex I to this DPE; and <br />(b) Appendix 2 shall be completed with the relevant information set out in Annex II to this DPE. <br />Docusign Envelope ID: B7B2CF4A-C414-47B2-BF08-2BCDA4573B8E
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