DATA PROTECTION

1 For the purposes of this clause, capitalised terms not defined elsewhere in this Contract shall have the meaning set out in the Data Protection Legislation. The Owner and is the Data Controller of all Personal Data provided to the Owner by You. The Owner agrees that they process such Personal Data, for the purposes of processing and administering your Booking.

2 The Owner will comply with the Data Protection Legislation and any directions issued by

the Information Commissioner in the processing of such Personal Data.

3 You agree that the Owner may Process the relevant Personal Data and may need to pass your Personal Data on to third parties and organisations who need to know them so that the Booking can be provided.

4 When acting as a Processor, in relation to the Booking and the Contract, the Owner shall:

4.1 Process the Personal Data only to the extent necessary for the purpose of providing the services and in accordance with any written instructions from You and this Clause 16;

4.2 implement and maintain appropriate technical and organisational measures in accordance with the Data Protection Legislation to ensure a level of security appropriate to the risks that are presented by such Processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data, taking into account the state of the art, the costs of implementation, the nature, scope, context and purposes of Processing and the likelihood and severity of risk in relation to the rights and freedoms of the Data Subjects;

4.3 not transfer the Personal Data outside of the EEA unless adequate levels of protection are in place;

4.4 ensure that any employees or other persons authorised to Process the Personal Data are subject to appropriate obligations of confidentiality;

4.5 not engage any third party to carry out its Processing obligations other than by way of a written contract which confirms that such third party will, at all times during the engagement, be subject to Processing obligations which comply with the Data Protection Legislation;

4.6 as soon as reasonably possible and without undue delay notify You about any request (including subject access requests) or complaint received from Data Subjects without responding to that request (unless authorised to do so by You) and assist You by technical and organisational measures, insofar as possible, for the fulfilment of your obligations in respect of such requests and complaints at its then-current rates;

4.7 notify you without undue delay as soon as the Owner becomes aware of any relevant breach in data security;

4.8 maintain appropriate records and information in compliance with Data Protection Legislation and on request by You, make available such records and information necessary to demonstrate the Owners compliance with this Clause 16 and otherwise permit, and contribute to, audits carried out by You (or Your authorised representative) at its then-current rates; and

4.9 on termination or expiry of this Contract, destroy or return (as You direct) all relevant Personal Data in its power, possession or control and delete all existing copies of such data except to the extent it is required to retain a copy of the Personal Data by law.

5 You acknowledge that the Owner may also process and store your personal details for its own administration, market analyses and operational reviews.

6 You consent to the Owner appointing the third party Processors needed to complete the relevant Bookings.

7 You acknowledge that the Owner will collect name, address, email and other contact details (as well as bank details, in some cases) in order to complete the Booking, and that the Owner’s Processing of such Personal Data shall continue for the duration of this Contract.

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