Common use of DATA PROTECTION & SECURITY Clause in Contracts

DATA PROTECTION & SECURITY. 9.1 Each Party undertakes to comply with Data Protection Laws at its own cost and will not knowingly cause the other to breach Data Protection Laws. Each Party will provide the other Party with all information, assistance and cooperation reasonably necessary to enable that other Party to comply with Data Protection Laws. 9.2 FHDN Affiliate undertakes to solely Process Personal Data as required by and in accordance with the documented instructions of the Provider and/or FareHarbor for the purpose of performing this Agreement, unless otherwise required by laws to which FHDN Affiliate is subject. FHDN Affiliate shall not Process Personal Data in any manner for its own purposes or any third-party purposes. 9.3 FHDN Affiliate warrants that it will: (a) inform ▇▇▇▇▇▇▇▇▇▇ without undue delay of any complaint, notice, request or communication (from a customer, a Supervisory Authority or otherwise) which relates directly or indirectly to the Processing of Personal Data under this Agreement or to FHDN Affiliate's compliance with Data Protection Laws, and will provide FareHarbor with cooperation and assistance in relation to any such complaint, notice, request or communication; (b) immediately notify FareHarbor about any actual or suspected security breach, unauthorised access, misappropriation, loss, damage or other compromise of the security, confidentiality, or integrity of Provider Content processed by Integration Partner ("Security Breach"). (c) upon discovery of any Security Breach, shall (i) immediately take action to prevent any further Personal Data Breach and (ii) provide FareHarbor with full and prompt cooperation and assistance in relation to any notifications that FareHarbor is required to make as a result of the Security Breach. (d) only permit persons to access Personal Data as strictly necessary and in particular only to employees of the Party that are bound by confidentiality obligations or are under an appropriate statutory obligation of confidentiality with regard to the Personal Data; (e) notify FareHarbor promptly if any applicable laws require or prohibit it to Process Personal Data other than in compliance with Data Protection Laws and this Agreement, including due to changes to applicable laws to which the Party is subject; and (f) promptly notify the other Party and cooperate with them if it believes that it may no longer be able to comply with any of the terms of this Agreement. 9.4 In the event of a conflict between the provisions of an applicable Data Protection Laws and the terms of this Agreement then the Parties shall endeavor (as far as reasonably possible) to comply with the terms of this Agreement without contravening such Data Protection Laws. 9.5 FHDN Affiliate will ensure it has implemented and will maintain appropriate technical and organizational measures to protect Personal Data and Provider Content against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access and, in particular, where the processing involves the transmission of data over a network, against all other unlawful forms of processing consistent with generally accepted industry practices and comply with the requirements set out by FareHarbor at: ▇▇▇▇▇://▇▇▇▇▇▇.▇▇▇/FareHarbor/fareharbor-docs/blob/master/external-api/getting-started.md#rate-limits. FHDN Affiliate acknowledges and agrees that it is solely responsible for the secure transmission of data and storage thereof on servers and other systems owned or operated by or on behalf of FHDN Affiliate.