Page 377 - Full GAP Catalogue 2022

Terms & Conditions / 375

shall not exceed 5 times the amount of the Charges or the sum of £1,000, 22. DATA PROTECTION AND DATA PROCESSING
whichever is the higher, under that Contract. To the extent that any of our
Liability to you would be met by our insurance then our Liability shall be You acknowledge that for the purposes of UK Data Protection Legislation
extended to the extent that such Liability is met by such insurance (meaning any data protection legislation from time to time in force in
the UK including the Data Protection Act 1998 or 2018 or any successor
(v) This clause will survive termination or expiry of these terms and legislation.) and (for so long as and to the extent that the law of the
conditions. European Union has legal effect in the UK) the General Data Protection
Regulation ((EU) 2016/679) and any other directly applicable European
19. INSURANCE AND YOUR RESPONSIBILITY FOR LOST, STOLEN OR Union regulation relating to privacy we will comply with all applicable
DAMAGED EQUIPMENT requirements of the Data Protection Legislation. For the purposes of the
Data Protection Legislation you are the data controller and we are the data
You will pay to us the replacement cost of any Equipment which is lost processor (where Data Controller and Data Processor have the meanings
or stolen or damaged beyond economic repair. You are advised to insure as defined in the Data Protection Legislation). You will ensure that you
the Equipment on this basis. You will hold in trust for us and pay to us have all necessary appropriate consents and notices in place to enable
on demand all money you receive from an insurance company or from lawful transfer of the Personal Data to the Provider for the duration and
any other source in settlement of any claim relating to the loss, theft or purposes of this agreement. We shall, in relation to any Personal Data
damage of any of the Equipment. You must not compromise any claim
without our express consent. processed in connection with the performance by us of our obligations
under this contract process that Personal Data only on the written
20. NON-RETURNED, LOST, STOLEN, DAMAGED OR UNCLEAN EQUIPMENT instructions unless we are required by Applicable Laws to otherwise
process that Personal Data. Where we are relying on laws of a member
(i) You have full responsibility for the care, safekeeping and return in good of the European Union or European Union law as the basis for processing
order of the Equipment. Personal Data, we shall promptly notify you of this before performing the
processing required by the Applicable Laws unless those Applicable Laws
(ii) You will pay to us all costs we incur in rectifying any Equipment returned prohibit us from so notifying you. Ensure that we have in place appropriate
damaged or unclean. Additionally, you will pay for our financial loss until technical and organisational measures, reviewed and approved by you, to
such rectification is complete. protect against unauthorised or unlawful processing of Personal Data
and against accidental loss or destruction of, or damage to, Personal
(iii) Where Equipment is lost or stolen or damaged beyond economic Data, appropriate to the harm that might result from the unauthorised
repair, you will pay for all financial loss to us until you have paid to us the or unlawful processing or accidental loss, destruction or damage and
replacement cost. This is without the nature of the data to be protected, having regard to the state of
prejudice to our other rights. technological development and the cost of implementing any measures
(those measures may include, where appropriate, pseudonymising and
21. CONFIDENTIAILTY, DISCLOSURE AND DEFAMATION – YOUR encrypting Personal Data, ensuring confidentiality, integrity, availability
ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE and resilience of its systems and services, ensuring that availability of
and access to Personal Data can be restored in a timely manner after an
If an incident should occur on your Site or elsewhere in which a piece of incident, and regularly assessing and evaluating the effectiveness of the
our Equipment provided to you is involved this must be reported to us as technical and organisational measures adopted by it). Ensure that all of our
soon as possible. No announcement relating to our Equipment should be personnel who have access to and/or process Personal Data are obliged
made or any blame attributed to our Equipment without our having had to keep the Personal Data confidential. Not transfer any Personal Data
the opportunity to investigate the incident. Any press release, discussion, outside of the European Economic Area unless we have your prior written
briefing or industry circular which falsely attributes blame to our Equipment consent and the following conditions are fulfilled: (i) we have provided
will be investigated and we will take appropriate action against any party appropriate safeguards in relation to the transfer; (ii) the data subject
who makes inaccurate statements about our Equipment when another has enforceable rights and effective legal remedies; and (iii) we comply
factor out with our control such as operator error, site conditions or your with its obligations under the Data Protection Legislation by providing an
failure to comply with a clause of this Contract was to blame. Making adequate level of protection to any Personal Data that is transferred. You
inaccurate statements about our Equipment may cause us financial loss. If do not consent to us appointing any third party processor of Personal Data
this occurs we will seek to recover that loss from you. We take matters of under this Contract.
this nature very seriously and may refuse to hire Equipment or sell Goods
to you in the future should you fail to comply with the terms of this clause. 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