v. Clause 13(a) and Part C of Annex I are not used and the “competent supervisory
authority” shall be the Swiss Federal Data Protection Information
Commissioner;
vi. references to the “competent supervisory authority” and “competent courts”
shall be replaced with references to the “Swiss Federal Data Protection
Information Commissioner” and “applicable courts of Switzerland”;
vii. in Clause 17, the Standard Contractual Clauses shall be governed by the laws of
Switzerland (as applicable); and
viii. to the extent the FADP applies to the Processing, Clause 18 shall be replaced to
state: “Any dispute arising from these Clauses shall be resolved by the
competent courts of Switzerland. The Parties agree to submit themselves to the
jurisdiction of such courts.”
d. Application: The parties shall abide by the terms of the New SCCs, UK Clauses, and Swiss
Clauses in the manner described in this Notice. The New SCCs, UK Clauses, and Swiss
Clauses shall apply to your company in its role as “data importer” and to Teradata in its
role as “data exporter” and, to the extent legally required, all of the parties’ authorized
affiliates established within the European Economic Area, Switzerland, or the UK.
e. In respect of any proposed transfer to a non-Teradata party that relates to the
Agreement, you shall only make such transfers using the New SCCs, the UK Clauses, or
the Swiss Clauses, as the case may be, or other lawful transfer mechanism, and with the
prior written consent of Teradata. Any such transfer must be carried out in accordance
with the conditions stipulated in chapter V of the GDPR, the UK GDPR, and the Swiss
FADP.
Agreement Not to Sell or Share Personal Information under the CPRA
In November 2020, California voters passed Proposition 24, the California Privacy Rights Act (“CPRA”).
The CPRA amends and extends the California Consumer Privacy Act of 2018 and shall become generally
operative on January 1, 2023. The CPRA includes additional contracting requirements for vendors of
Teradata.
To the extent that the CPRA is applicable to the services you provide to Teradata, the Agreement is
amended to state that you shall continue to comply with CPRA requirements, including that you:
• Shall not Sell or Share a consumer’s personal information, as these terms are defined under
California Civil Code Sections 1798.140(ad) and 1798.140(ah);
• Shall obligate any third party, service provider, or contractor authorized by Teradata:
o not to Sell or Share a consumer’s personal information,
o to comply with other applicable obligations under the CPRA, and
o to provide the same level of privacy protection as is required by the CPRA;
• Grant Teradata the right to take reasonable and appropriate steps to help ensure that you and
any authorized third party, service provider, or contractor use the personal information
transferred in a manner consistent with the business’ obligations under the CPRA;