6 Initials______ ______
b. Data Security. Hotel represents and warrants that its collection, access, use, storage,
disposal and disclosure of Personal Information (as defined herein) does and will comply
with all applicable federal, state, and local privacy and data protection laws, as well as all
other applicable regulations and directives. Without limiting the foregoing, Hotel will
implement administrative, physical and technical safeguards to protect Personal
Information that are no less rigorous than accepted industry practices, and will ensure that
all such safeguards, including the way Personal Information is collected, accessed, used,
stored, processed, disposed of and disclosed, comply with applicable data protection and
privacy laws, as well as the terms and conditions of this Agreement. Hotel is not
authorized to share or sell any customer data with any 3
rd
party without prior written
consent from NCAA or Anthony Travel.
c. Personal Information. For purposes of this Agreement, “Personal Information” means
information provided to Hotel by or at the direction of a Hotel customer or client, or to
which access was provided to Hotel by or at the direction of a Hotel customer or client, in
the course of Hotel’s performance of services under this Agreement that: (i) identifies or
can be used to identify an individual (including, without limitation, names, signatures,
addresses, telephone numbers, e-mail addresses and other unique identifiers); or (ii) can
be used to authenticate an individual (including, without limitation, employee
identification numbers, government-issued identification numbers, passwords or PINs,
financial account numbers, credit report information, biometric or health data, answers to
security questions and other personal identifiers), in case of both subclauses (i) and (ii),
including, without limitation, all (a) individual’s government-issued identification
number (including social security number, driver’s license number or state-issued
identified number); (b) financial account number, credit card number, debit card number,
credit report information, with or without any required security code, access code,
personal identification number or password, that would permit access to an individual’s
financial account; or (c) biometric or health data.
d. Notification. Hotel will notify the NCAA and Anthony Travel and in writing of any
unlawful or unauthorized access to or use of, or any security breach relating to or
affecting PCI and PII possessed, received or derived by Hotel in connection with this
Agreement (an “Security Incident”) immediately following Hotel’s knowledge of the
Security Incident. Such notice will summarize in reasonable detail the timing and nature
of the Security Incident, the impact and the customers affected by such Security Incident
and the corrective action taken or proposed to be taken by Hotel. Hotel will notify the
NCAA and Anthony Travel as soon as reasonably practicable of receiving any request or
complaint related to any PII possessed, received or derived by Hotel in connection with
this Agreement. Hotel shall work together with the NCAA and Anthony Travel in good
faith in responding to, and dealing with, such requests or complaints. With respect to
requests regarding a Security Incident from any government entity or other regulatory
authority (a “Government Request”), Hotel will cooperate fully in connection with any
effort by the NCAA and Anthony Travel to intervene and quash or limit such requests or
respond to the applicable governmental authority in connection with such Government
Request. Hotel agrees to only disclose the minimum amount of PCI and PII necessary to
comply with a Government Request or other law or judicial process. If Hotel experiences
a Security Incident, it shall keep the NCAA and Anthony Travel apprised of and
cooperate reasonably with the NCAA and Anthony Travel in connection with any
regulatory or government authority’s investigation of any Security Incident, and in all
other reasonable and lawful efforts to prevent, mitigate or rectify such Security Incident.
In addition, Hotel will consult with the NCAA and Anthony Travel regarding activities
related to the investigation of, response to and remediation of a Security Incident