1 The Platform Operator acts as a data controller in respect of the Personal Data of Tour Guides processed through the Platform, in accordance with the Data Protection Legislation.
2 The categories of Personal Data processed by the Platform Operator are expected to be limited to:
(a) details of Tour Guides provide for display on the Platform, including their name, contact details and profile information needed to describe their services; and
(b) contact details for Tour Guides and Tour Operators, including names, email addresses and telephone numbers, for the purpose of enabling them to communicate with each other in connection with a Booking.
3 The lawful basis upon which the Platform Operator processes Tour Guide Personal Data is:
(a) performance of a contract to which the data subject is a party, namely these Terms (Article 6(1)(b) of the GDPR); and
(b) the legitimate interests of the Platform Operator in operating the Platform and facilitating the booking service (Article 6(1)(f) of the GDPR), where such interests are not overridden by the rights and freedoms of the data subject.
4 The purposes for which the Platform Operator processes Tour Guide Personal Data are:
(a) facilitating the operation of the booking service;
(b) displaying Listings to Tour Operators;
(c) enabling Tour Operators to search for and make Bookings of Tour Guides;
(d) communicating with Tour Guides regarding their Account and Bookings;
(e) maintaining the integrity and security of the Platform; and
(f) complying with applicable legal obligations.
5 The Platform Operator shall retain Tour Guide Personal Data for the duration of the Tour Guide's Account [and for a period of [six (6)] years following the closure or termination of the Account], unless a longer retention period is required by law or regulation.
6 Tour Guides have the following rights in respect of their Personal Data, subject to applicable law:
(a) the right of access to their Personal Data;
(b) the right to rectification of inaccurate Personal Data;
(c) the right to erasure of Personal Data (the right to be forgotten);
(d) the right to restriction of processing;
(e) the right to data portability;
(f) the right to object to processing; and
(g) rights in relation to automated decision-making and profiling.
7 Tour Guides may exercise any of the rights set out in Clause 9.6 by contacting the Platform Operator at info@drakosdmc.com.
8 Where the Platform Operator transfers Personal Data outside the EEA, it shall ensure that appropriate safeguards are in place in accordance with Chapter V of the GDPR, including (where applicable) the use of standard contractual clauses adopted by the European Commission, reliance on an adequacy decision adopted by the European Commission, or another valid transfer mechanism under the Data Protection Legislation.
9 Tour Operators acknowledge that they may receive Personal Data of Tour Guides through the Platform (including, without limitation, contact details provided in connection with a Booking). Each Tour Operator shall process such Personal Data in compliance with the Data Protection Legislation and shall not use such data for any purpose other than in connection with the relevant Booking.