These Data Privacy set forth the terms and conditions under which Tropical Felgate provides its service to and for the benefit of Vacation Rentals Providers, including accommodation partners (hereafter “Trip Provider”). By using the Tropical Felgate services, the Trip Provider agrees to and accepts the following Guidelines.
1. SCOPE, DEFINITIONS AND INTERPRETATION
1.1 These Guidelines form an integral part of the agreement between the Trip Provider and Tropical Felgate (including any applicable general delivery terms (the "GDTs") and collectively with the agreement, the "Agreement")) and must be read in conjunction therewith. Except as otherwise provided for herein, the terms and conditions of the Agreement remain unchanged and in full force and effect. If there is conflict between this Guideline and the Agreement, the terms of the Guidelines will prevail.
1.2 Unless defined otherwise in these Guidelines, capitalized terms have the same meaning as set out in the Agreement.
2. DATA PRIVACY
2.1 Each Party shall take reasonable steps to protect personal data (i.e., information that relates to an identified or identifiable natural person) processed in the context of the Agreement against loss and unauthorized access, use, deletion and disclosure; and, as required by applicable laws, process personal data in a manner that ensures appropriate confidentiality and security of the personal data.
2.2 The Trip Provider acknowledges that it is responsible for the handling and security of the personal data it holds and processes within the context of the Agreement and Tropical Felgate acknowledges that it is responsible for the handling and security of the personal data it processes within the context of the Agreement. Trip Provider shall provide personal data to Tropical Felgate only if such disclosure is permitted under applicable laws. Tropical Felgate shall be a data controller (i.e. determines the purposes and means of the data processing) for any personal data it processes. Trip Provider shall become data controller upon receipt of the personal data either directly or indirectly through a connectivity partner. Unless agreed otherwise, connectivity partners handle personal data on behalf of a Trip Provider. Each Party shall be solely responsible for the processing of personal data by itself or on its behalf in accordance with applicable data protection laws. The Parties shall, if required by applicable laws, cooperate in good faith and provide assistance in the event that data subjects wish to exercise their rights of access, correction, erasure or portability, or in case of requests from competent authorities to demonstrate compliance with obligations applicable to the Party.
2.3 To the extent Tropical Felgate processes personal data that is not guest data in association with the Agreement, such personal data shall be processed by Tropical Felgate in accordance with the Tropical Felgate Privacy Statement applicable to Trip Providers. The Trip Provider warrants that it has, as required by applicable laws, duly and diligently informed (and as required by applicable laws, obtained consents from) its staff members, agents, representatives and other individuals about the processing of their personal data by Booking.com and the cross-border transfer of their personal data to countries that do not provide for adequate protection of rights of personal data subjects.
2.4 Trip Provider shall process personal data that Trip Provider received from Booking.com as part of the Services under the Agreement only so far as necessary to perform the requested reservation services, or as otherwise agreed to between the Parties in writing, in accordance with applicable law.
2.5 If the Trip Provider will or intends to notify guests or other parties (e.g., competent data protection and/or government authorities) of a data breach (i.e., any discovered or suspected incident resulting in accidental, unlawful, or unauthorized destruction of, loss of, alteration of, access to, disclosure of, or use of personal data) involving personal data received by the Trip Provider from Tropical Felgate, and the notification will reference Tropical Felgate, Trip Provider shall first, to the extent permitted by law, provide any draft notification and related correspondence to Tropical Felgate and reasonably cooperate with Booking.com in finalizing such notification and correspondence and other communication that may follow with the guests or authorities. Trip Provider acknowledges that Tropical Felgate retains the right to voluntarily inform its users about any such data breach. For the avoidance of doubt, Trip Provider shall not notify guests or other parties of a data breach involving personal data that Tropical Felgate hosts without prior written authorization from Tropical Felgate.
2.6 In case the party contracting with Tropical Felgate. is not directly processing personal data of guests under its own control (e.g. as may be applicable in case of chains, property management companies etc.), this Clause 2 shall be read to apply to the Trip Provider ultimately processing the personal data of guests. In such case, either contracting party and/or Trip Provider may be considered the (sole) data controller of any guest data processed in the context of the Agreement.
3. Payment Card Security
5.1 To the extent that the Trip Provider processes payment card information obtained by the Trip Supplier through the Tropical Felgate reservation services, the Trip Provider is required to comply and to have its service providers comply on an ongoing basis with the requirements, compliance criteria and validation processes set forth in the current Payment Card Industry (PCI) Data Security Standard issued by the major credit card companies.