1 MARINER SHIPPING CO. hereby declares, agrees and acknowledges to be the data processor of subject personal data and sensitive personal data pursuant to the Law no. 6698, and in the course of processing of personal data, not to disclose said data to third parties and not to use the same for purposes other than the original purposes of processing in conflict with the conditions of this Agreement and the applicable laws and regulations.
2 MARINER SHIPPING CO. hereby further declares, agrees and acknowledges to be fully cognizant of all of its legal obligations arising out of the Personal Data Protection Law no. 6698 and other applicable laws (hereinafter to be shortly referred to as “Personal Data Protection Laws and Regulations”), and to keep entirely in strict confidence as per the Personal Data Protection Laws and Regulations all information belonging to the Customer or all information belonging to members and furnished by the Customer to it, whether under this Agreement or not, and not to disclose or transfer such information to third parties or abroad, and not to use and process said information in any manner whatsoever beyond the knowledge and without a prior written consent of the Customer, and to use the information only if and to the extent it is absolutely required for performance of the services covered by this Agreement.
3 MARINER SHIPPING CO. hereby declares, agrees and undertakes to indemnify and hold the Customer harmless in cash and at once immediately upon first written demand of the Customer from all kinds of indirect damages and losses that may be suffered by the Customer, also including the administrative fines that the Customer may be obliged to pay, due to any breach by it of any of the terms and conditions of this Agreement or any provisions of the Personal Data Protection Laws and Regulations.
4 MARINER SHIPPING CO. also agrees and undertakes to take all kinds of technical and administrative measures, not being less than the measures normally taken for protection of its own data, in order to protect and safeguard all personal data transmitted by the Customer to it and to prevent processing of such personal data in conflict with laws.
5 MARINER SHIPPING CO. hereby declares, agrees and accepts to identify the data access and processing powers of its own personnel and subcontractors and of employees working for its subcontractors only on “need-to-know” basis as required for performance of the subject services in accordance with the Personal Data Protection Laws and Regulations, and to make sure that in the course of use of said access powers, its own personnel and subcontractors and of employees working for its subcontractors do not share any such retrieved information or any passwords/methods employed for access with third parties; and to keep its own personnel and subcontractors and of employees working for its subcontractors fully informed about their obligations under the Personal Data Protection Laws and Regulations, and to ensure that even if they have resigned after signature of this Agreement, its own personnel and subcontractors and of employees working for its subcontractors do not breach the obligations arising out of this Agreement, and if they nevertheless breach the same, it will itself be directly and personally liable for all of the damages and losses resulting therefrom, also including administrative fines.