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processed in connection with the performance by us of our obligations under this contract
process that Personal Data only on the written instructions unless we are required by 24. TERMINATION OF HIRE
Applicable Laws to otherwise process that Personal Data. Where we are relying on laws of a We will be entitled at any time to terminate the Contract with immediate effect and to
member of the European Union or European Union law as the basis for processing Personal repossess any or all of the Equipment if you commit a material breach of your obligations
Data, we shall promptly notify you of this before performing the processing required by the under this Contract or if any proceedings are commenced in which your solvency is called
Applicable Laws unless those Applicable Laws prohibit us from so notifying you. Ensure into question or your financial position deteriorates to such an extent that we feel your
that we have in place appropriate technical and organisational measures, reviewed and capability to fulfil your obligations under the contract has been placed in jeopardy. Such
approved by you, to protect against unauthorised or unlawful processing of Personal Data termination will not affect our right to recover from you any money due to us under this
and against accidental loss or destruction of, or damage to, Personal Data, appropriate to Contract or damages for breach of contract.
the harm that might result from the unauthorised or unlawful processing or accidental
loss, destruction or damage and the nature of the data to be protected, having regard to 25. OUR RIGHTS OF ACCESS
the state of technological development and the cost of implementing any measures (those You authorise us to enter any land or premises where we reasonably believe any Equipment
measures may include, where appropriate, pseudonymising and encrypting Personal Data, or Goods to be, in order to inspect, test, repair, replace or repossess it.
ensuring confidentiality, integrity, availability and resilience of its systems and services,
ensuring that availability of and access to Personal Data can be restored in a timely manner 26. RIGHTS RESERVED
after an incident, and regularly assessing and evaluating the effectiveness of the technical Any failure by us to enforce any or all of these Conditions shall not amount to, or be
and organisational measures adopted by it). Ensure that all of our personnel who have interpreted as, a waiver of any of our rights.
access to and/or process Personal Data are obliged to keep the Personal Data confidential.
Not transfer any Personal Data outside of the European Economic Area unless we have 27. SEPARATE TERM VALIDITY AND HEADINGS
your prior written consent and the following conditions are fulfilled: (i) we have provided
appropriate safeguards in relation to the transfer; (ii) the data subject has enforceable If any term in this Contract is held invalid this shall not affect the validity of the remaining
rights and effective legal remedies; and (iii) we comply with its obligations under the Data terms. The headings in these Conditions are for reference purposes only and shall not affect
Protection Legislation by providing an adequate level of protection to any Personal Data that the interpretation of these Conditions.
is transferred. You do not consent to us appointing any third party processor of Personal
Data under this Contract.
For the purposes of the prevention and detection of crime we may share any Personal Data
you provide to us with police and other parties in our industry if we consider there is a
significant public interest in us doing so. We will not seek your additional consent in these
circumstances.
23. FORCE MAJEURE
Neither party to the Contract shall be under any Liability for any the failure to perform any of
their respective obligations as a result of Force Majeure, other than your obligation to make
any payment hereunder. Following notification by one party to the other of Force Majeure,
the affected party shall be allowed a reasonable extension of time for the performance
of its obligations. For the purposes of this Clause, “Force Majeure” means fire, explosion,
flood, adverse weather conditions, lightning, act of God, act of terrorism, war, rebellion, riot,
sabotage, strike or similar labour dispute, traffic delays or other events or circumstances
outside the reasonable control of the affected party.