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Oracle has standard terms and conditions that govern the use of Cloud Services. You will find these contracts for Cloud Services here.
Your order for Oracle Cloud Services identifies the Oracle Cloud Services Agreement that governs the order. If your order is placed on or after June 26, 2019 and references the Oracle Cloud Services Agreement available at www.oracle.com/contracts, then the June 26, 2019 version of the Oracle Cloud Services Agreement applies to that order. For any “add-on order” to an original Cloud Services order, the version of the Cloud Services Agreement for Oracle Cloud Services in effect on the date of the original order will apply to the add-on order, even if the add-on order is placed after an updated version of the Cloud Services Agreement is published. An “add-on order” is an order that updates the quantity or type of previously ordered Cloud Services, such as by adding capacity, new user subscriptions, or additional SaaS service applications.
Oracle is making available a new Data Processing Agreement for Oracle Services (“Data Processing Agreement”), effective June 26, 2019. Oracle Services to which the Data Processing Agreement applies include Cloud Services, Professional services, Consulting services, Advanced Customer Services, and Global Customer Support services.
The Data Processing Agreement incorporates a European DPA Addendum, which includes additional data processing terms applicable to personal information processed by Oracle on behalf of customers and subject to EU/EEA, UK and Swiss data protection law. The European DPA Addendum also incorporates by reference Oracle’s Binding Corporate Rules for Processors.
If your order for Oracle Services (order) is placed on or after June 26, 2019 and does not expressly exclude the Data Processing Agreement for Oracle Services, then the June 26, 2019 version of the Data Processing Agreement for Oracle Services above automatically applies to your order.
If you have any questions around the applicability of the June 26, 2019 version of the Data Processing Agreement for Services or any older versions of the Data Processing Agreement for Cloud Services below to Your current order(s) for Cloud Services placed before June 26, 2019, please contact Your Oracle Sales representative.
In our continued efforts to help our customers address their privacy and security requirements under the EU General Data Protection Regulation (GDPR) and other European data protection laws and regulations in the EU/EEA, the UK and Switzerland (“European Data Protection Law”), Oracle EMEA Ltd has obtained EU/EEA-wide authorization from the European data protection authorities for its Binding Corporate Rules for Processors (“BCR-p”).
Oracle is now making its BCR-p available to all customers that have contracted for Cloud Services, Professional services, Consulting services, Advanced Customer Services, and Global Customer Support services where we handle personal information subject to European Data Protection Law on behalf of those customers. Accordingly, the BCR-p are incorporated by reference into the European DPA Addendum.
To help you review the changes made to the Data Processing Agreement, we are providing you with a Statement of Changes and Guidance Document for our Data Processing Agreement for Services effective June 26, 2019.
The Statement of Changes also lays out the key customer benefits of Oracle’s Binding Corporate Rules for Processors, such as the provision of an additional layer of GDPR accountability, and explains how this maps to specific GDPR information requirements for data processing agreements. More information about Binding Corporate Rules in general is available here.
Your order for Oracle Aconex Cloud Services identifies the legacy Aconex Terms of Service Agreement that governs the order. If Your order does not reference the Aconex Terms of Service Agreement version number that governs the order, then the version number referenced in the latest services order that the current order is renewing, extending or expanding shall apply. Any reference to “Aconex” in the legacy Aconex Terms of Service Agreement shall mean the Oracle entity issuing the Renewal or Expansion order.
The Online Aconex Terms of Service Agreements and Aconex Acceptable Use Policy found here (PDF) are only applicable for orders with existing customers leveraging legacy Aconex terms and conditions.