This analysis describes what Windsurf's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The clause operationalizes Windsurf's data infrastructure by identifying the geographic location of primary servers and establishing the legal mechanisms (Standard Contractual Clauses) through which cross-border data transfers occur for users in higher data protection jurisdictions. This addresses the regulatory requirement that transfers from EEA/Switzerland/UK to the U.S. comply with applicable data protection frameworks.
Users accessing the service from outside the United States are notified that their Personal Information will be transferred to and processed in the United States and potentially other countries. The terms specify that such transfers for EEA, Switzerland, and UK residents occur under Standard Contractual Clauses or equivalent legal mechanisms compliant with data protection laws.
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"Our servers are located in the United States. If you are accessing our Services from outside the United States, please be aware that your Personal Information may be transferred to, stored, and processed by us in our facilities and by those third parties to whom we may disclose your Personal Information (see "WILL YOUR INFORMATION BE DISCLOSED TO ANYONE?" above) in the United States, and other countries. If you are a resident in the EEA, Switzerland or the UK, then these countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country. We may transfer Personal Information from the EEA, Switzerland or the UK to the U.S. and other third countries based on approved Standard Contractual Clauses, or otherwise in accordance with applicable data protection laws.— Excerpt from Windsurf's Windsurf Privacy Policy
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The clause operationalizes Windsurf's data infrastructure by identifying the geographic location of primary servers and establishing the legal mechanisms (Standard Contractual Clauses) through which cross-border data transfers occur for users in higher data protection jurisdictions. This addresses the regulatory requirement that transfers from EEA/Switzerland/UK to the U.S. comply with applicable data protection frameworks.
Users accessing the service from outside the United States are notified that their Personal Information will be transferred to and processed in the United States and potentially other countries. The terms specify that such transfers for EEA, Switzerland, and UK residents occur under Standard Contractual Clauses or equivalent legal mechanisms compliant with data protection laws.
ConductAtlas has identified this type of provision across 56 platforms. See the full comparison.
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