Data Processing Addendum

This Data Processing Addendum ("DPA") applies between TEKRAVEL TRAVEL AND TECHNOLOGIES - FZCO ("Tekravel", "we", "us" or "our") and every business that uses Tekravel ("you"), and forms part of the agreement under which you use the platform: the Platform Terms and Conditions you accept in your Admin Panel. It sets out how we process personal data for you when we host your booking website and provide the platform to you, as the UAE Personal Data Protection Law (Federal Decree-Law No. 45 of 2021) requires and, where they apply, Article 28 of the EU and UK GDPR. Words such as "personal data", "processing", "controller", "processor", "data subject" and "personal data breach" have the meaning the applicable data protection law gives them, and a "sub-processor" is a service provider we engage to process personal data for you.

1. 1Scope and roles

   This DPA applies whenever we process personal data for you in providing Tekravel: on your booking website, in the Admin Panel, through our APIs and in the bookings made through them. For that data, you are the controller and we are your processor. If you act for another business, for example as its sub-agent, you confirm that your instructions to us are authorised by that business. This DPA does not cover the personal data we handle as a controller for our own purposes, such as your account and sign-in records, the verification and sanctions screening of your business, our billing and support, and the security of the platform. Our Privacy Policy describes that. When a booking is made, the travel suppliers concerned (airlines, reservation systems, hotel, package and attraction suppliers) receive the traveller details they need to issue and service it. They handle those details under their own terms and privacy policies and are not our sub-processors.

2. 2Subject matter, duration, nature and purpose

   • Subject matter: hosting and running your booking website and providing the Tekravel platform to you. • Duration: as long as we provide the platform to you, and after that for as long as we keep the data (see "Deletion or return at the end" below). • Nature: collecting, recording, storing, organising, retrieving, using, transmitting and erasing personal data by automated means, and passing it to the suppliers and service providers that a booking or a service needs. • Purpose: to run your website and Admin Panel, search for and book travel services, process the payments made on your website, issue tickets and vouchers, send the messages you set up, support you and keep the platform secure, and for no other purpose.

3. 3Personal data and data subjects

   The data subjects are: • your customers and the travellers they book for, including children and infants whose details an adult gives when booking for them; • people who contact you through your website, for example with an enquiry or in a chat; • your staff, sub-agencies and other users, for the data you manage about them in the Admin Panel. The personal data can include: • names, email addresses, phone numbers and postal addresses; • dates of birth, gender, nationality, and passport or ID numbers with their expiry dates; where you switch on passport scanning, the scanned image; • bookings: itineraries, hotel stays, booking references, loyalty numbers and special requests, which may reveal health or religious information, such as a meal choice or a request for assistance; • payments: amounts, status and references, and the brand, last four digits and expiry date of saved cards; full card numbers are handled by the payment provider, not by us; • customer accounts: usernames, password hashes, sign-in records, IP addresses and device details; • messages: chats, emails, SMS, WhatsApp and Telegram messages and the files people send.

4. 4Processing only on your instructions

   We process the personal data only on your documented instructions. Your instructions are this DPA, the agreement under which you use the platform and the platform contract; the settings you choose and what you and your users do in the Admin Panel and through our APIs; and any other written instruction you give us that is consistent with them. We do not use the data for any other purpose of our own, we do not sell it, and we do not use it to train artificial intelligence models. If a law we are subject to requires us to process the data in another way, we tell you before we do, unless that law forbids it. If we believe an instruction breaks the applicable data protection law, we tell you straight away, and we may hold off carrying it out until you confirm or change it.

5. 5Your responsibilities as controller

   You are responsible for: • having a lawful basis for the personal data you collect on your website and ask us to process, and telling your customers how you use it, usually in your website's own privacy policy; • collecting only the data your bookings and services need, and sensitive data only where a booking needs it, in the fields the platform provides for it; • making sure that the person who books for children or other travellers is allowed to give their details; • the lawfulness of your instructions and the accuracy of the data you enter; • choosing the settings and user roles that fit your business, and keeping your users' sign-in details secure.

6. 6Confidentiality

   Only the employees and contractors who need the personal data to provide, support or secure the platform can access it, and only as far as their work requires. Each of them is bound by a written or legal duty of confidentiality that continues after their work for us ends, and is trained in data protection and security.

7. 7Security measures

   We protect the personal data against accidental or unlawful destruction, loss, alteration, disclosure or access with technical and organisational measures appropriate to the risk, taking into account the state of the art, the cost and the nature of the processing. They include: • encryption in transit (HTTPS) and at rest; • individual user accounts, role-based access control and least-privilege permissions, for our staff and for your users; • keeping each partner's data logically separate from other partners' data; • passwords stored only as irreversible hashes, and payment-gateway credentials that are never shown again once saved; • logs of sign-ins, of changes made in the Admin Panel and of API requests; • bot protection on public forms; • regular backups of our databases, so that data can be restored after an incident; • keeping our software up to date, and checking our code and the software it depends on for security issues; • data protection and security training for our staff; • a documented procedure for detecting, investigating and responding to security incidents. We may change these measures as technology and risks change, but never in a way that lowers the overall level of protection.

8. 8Sub-processors

   You give us a general authorisation to engage sub-processors. Our current sub-processors are named in our sub-processor list, published on our website at /subprocessors, with what each one does, the personal data it receives, where it is based and how transfers are protected. Your Master, and any top-level master above it, may access your Admin Panel to support you, handle cases and supervise its part of the network. When it accesses personal data that we process for you, it acts as our sub-processor: we bind it by written contract as we bind our other sub-processors. Your Admin Panel shows your Master's name and contact details, and we tell you on request where it is based and which top-level master is above it. Moving you to a different Master, or placing a new top-level master above it, is a change of sub-processor for your data: we tell you, and you can object, as the next paragraph describes. A Master that stops acting for us is a case in which we must act sooner to keep the service running. Before a new sub-processor starts processing your data, we update that list and tell you by email or in the Admin Panel at least 30 days in advance, unless we must act sooner for security reasons or to keep the service running, in which case we tell you as soon as we can. You can object on reasonable data protection grounds by writing to [email protected] within that period. We will discuss your concerns in good faith and look for a solution; if we cannot find one, you may stop using the service concerned or close your account without any penalty, and we refund, pro rata, any fee you paid in advance for that service or for a period after your account closes. We bind every sub-processor, by written contract, to data protection obligations that protect the personal data at least as well as this DPA, in particular on security, confidentiality and using the data only to provide its services to us. We remain liable to you for our sub-processors' work as for our own.

9. 9International transfers

   We and our sub-processors may process the personal data outside the country where it was collected, including outside the United Arab Emirates, as our sub-processor list shows for each sub-processor. We transfer it only as the UAE Personal Data Protection Law allows: to countries with an adequate level of protection, or with appropriate safeguards such as contractual commitments. Where the EU or UK GDPR applies, we transfer the data only to a country covered by an adequacy decision or under the standard contractual clauses approved by the European Commission (with the UK addendum for UK data), which we sign with the sub-processor concerned. Where the transfer from you to us itself needs such safeguards, those clauses (module two, or module three if you are a processor yourself) and the UK addendum apply between you and us and form part of this DPA, with this DPA providing the details they require.

10. 10Helping you meet your obligations

    Taking into account the nature of the processing and the information available to us, we help you: • answer requests from your customers and other data subjects who exercise their rights. You can find their accounts and bookings in the Admin Panel; where a request needs something the Admin Panel does not offer, such as erasing an account or exporting its data, you can ask us for help. If a request reaches us directly, we pass it to you without undue delay and do not answer it ourselves unless you ask us to; • carry out data protection impact assessments, and consult a data protection authority where the law requires it, by giving you the information about our processing and security measures that you reasonably need; • meet your obligations on security and on personal data breaches, as this DPA describes. If you need help beyond what the platform and this DPA provide, we may charge a reasonable fee, which we agree with you in advance.

11. 11Personal data breaches

    If we become aware of a personal data breach affecting the personal data we process for you, we tell you as soon as we become aware of it, and in any case within forty-eight (48) hours, by email to the address on your account. We tell you, as far as we know it at the time and in stages if we cannot tell you everything at once: • what happened and when; • the categories and approximate number of data subjects and records concerned; • the likely consequences; • what we have done or propose to do to deal with the breach and reduce its possible harm; • who you can contact for more information. We take reasonable steps to contain and investigate the breach, keep you informed, and help you notify the authorities and the people affected where the law requires. Telling you about a breach is not an admission of fault or liability.

12. 12Deletion or return at the end

    When we stop providing the platform to you, you can ask us for a copy of your customers' personal data that we still hold, in a common machine-readable format. We decide, at our discretion, whether we keep, delete or anonymise the personal data we process for you, and for how long. We make no commitment to keep it for any period or to delete it by any date, so export what you need while you use the platform. We keep bookings, invoices, payments and accounting records, including the traveller and customer details on them (such as names, itineraries, ticket numbers and amounts), for at least seven (7) years after the end of the tax period they belong to. We keep them protected and use them only for the reason we keep them.

13. 13Information and audits

    We give you the information reasonably needed to show that we meet our obligations under this DPA, such as a description of our security measures, our list of sub-processors and answers to reasonable security questionnaires. If that information is not enough, or a data protection authority requires it, you may audit our compliance yourself or through an independent auditor who is bound by confidentiality and is not our competitor. You must give us at least 30 days' written notice and agree the scope, timing and duration of the audit with us in advance. The audit must take place during normal business hours, must not disrupt our services or give access to other partners' data, and is at your cost. You may audit us once in any twelve months, unless a personal data breach has affected your data or a data protection authority requires an audit.

14. 14Liability and order of precedence

    Our liability under this DPA is limited in the same way as our liability for the platform as a whole. We are not liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, business, goodwill or data. Our total liability to you for all claims together, under this DPA and otherwise in connection with the platform, is limited to the greater of (a) the fees you paid us in the twelve months before the event that gave rise to the claim and (b) USD 500. These limits do not apply to fraud, wilful misconduct or gross fault, or where the law does not allow liability to be limited. Nothing in this DPA limits the rights that data subjects have under the law. On the processing of personal data, this DPA prevails over any other terms between you and us where they differ, including the Platform Terms and Conditions. The platform contract may add further data protection commitments, and where it protects the personal data more, it prevails. This DPA applies for as long as we process personal data for you; the obligations that by their nature continue, such as confidentiality, survive its end. This DPA is governed by the laws of the Emirate of Dubai and the federal laws of the United Arab Emirates applicable in Dubai, except where the standard contractual clauses or the UK addendum require another law. A dispute under it is resolved in the same way as other disputes about the platform: it is subject to the exclusive jurisdiction of the onshore courts of the Emirate of Dubai (the Dubai Courts), and not of the courts of the Dubai International Financial Centre. This does not apply to a dispute arising from the standard contractual clauses or the UK addendum, which is resolved by the courts those clauses require (for the standard contractual clauses, the courts of an EU Member State; for the UK addendum, the courts of England and Wales), and it does not limit a data subject's right to bring proceedings before the courts those clauses allow.