Vehicle - C2C Agreement

Last updated: 1 June 2024

Scope: Where (a) Supplier is using a New Distribution Capability (NDC) exclusively or in combination with a global distribution system (GDS) to distribute data to Expedia; and (b) Expedia and Supplier are processing personal data in connection with providing or receiving services or promoting or marketing (or remarketing) the services, products or supply of the other party (in each case, as such activities or services are further described under the relevant agreement entered into between the parties (the “Agreement”), herein collectively referred to as “Relevant Activities”), this global controller to controller agreement (“C2C Agreement”) is supplemental to and applies to such Agreement, and sets out additional terms, requirements and conditions on which Expedia and Supplier will each process personal data in connection with the Agreement. In this C2C Agreement, “Expedia” refers to Expedia, Inc. and/or any other Expedia group company/ies party to the Agreement. “Supplier” refers to one or more third-party vehicle rental suppliers that contract with Expedia for Relevant Activities (and all references to either Expedia or Supplier will be construed as plural terms to the extent required by the Agreement).

1. DEFINITIONS AND INTERPRETATION

1.1 This C2C Agreement is subject to the terms of the Agreement and is incorporated into the Agreement. Interpretations and defined terms set forth in the Agreement apply to the interpretation of this C2C Agreement unless otherwise defined herein; and:

  1. appropriate technical and organizational measures“, “controller”, “personal data”, “process”, “processor“, “personal data breach” and “supervisory authority” or their equivalent terms each have the meaning given to them in Applicable Data Protection Law(s).
  2. Applicable Data Protection Law(s)” means any applicable laws and regulations in any relevant jurisdiction relating to the use or processing of Relevant Personal Data.
  3. CBPR Country” means a country that is a full or associate member of the CBPR System.
  4. CBPR Party” means an organization that holds a current certification under the CBPR System.
  5. CBPR System” means the Asia-Pacific Economic Cooperation Cross Border Privacy Rules System.
  6. "Customers" means an individual whose personal data is processed by a Party in connection with the Agreement. 

  7. DPF” means the EU-U.S. Data Privacy Framework and/or Swiss-U.S Data Privacy Framework or any successor self-certification program operated by the U.S Department of Commerce and approved by the European Commission from time to time and which has not been invalidated (and in each case, includes the UK Extension to the EU-U.S. Data Privacy Framework and any other country extension to such framework that operates to extend the application of the EU-U.S. Data Privacy Framework to that country).
  8. Permitted Purpose” means for the purpose of (a) facilitating the Relevant Activities (including providing customer support); (b) improving the provision of the Relevant Activities, including the underlying technology; (c) account administration and support between the Parties; (d) facilitating payment of commission, fees and/or other amounts pursuant to the Agreement; (e) generating reports for the other Party and any further processing required for reconciliation, complaints handling and similar activities connected with servicing the Agreement; (f) creating reports for analytics, business intelligence and business reporting; (g) fraud prevention; (h) responding to law enforcement requests and tax authority audit requests; (i) facilitating business asset transactions (which may extend to any mergers, acquisitions or asset sales); (j) otherwise complying with a Party’s obligations under the Agreement and applicable laws; and (k) for the determination, calculation and reporting of Travel Taxes and other applicable taxation purposes as may be required from time to time.
  9. Relevant Personal Data” means personal data collected or otherwise processed by Expedia or Supplier in connection with the Agreement.
  10. Restricted Transfer Country” means any country in the European Economic Area, Switzerland, the United Kingdom and Brazil.
  11. Restricted Transfer Data” means any Relevant Personal Data relating to a booking made via a point of sale intended by a Party to be accessed by Customers in a Restricted Transfer Country.
  12. SCCs” means the approved European Commission’s Standard Contractual Clauses for the transfer of personal data from the European Union to third countries, as issued on 4 June 2021, and as amended, replaced, supplemented, or superseded from time to time, and the full current version of which can be found at https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc/standard-contractual-clauses-international-transfers_en.

1.2 In the case of conflict or ambiguity between: 

a. any of the provisions of this C2C Agreement and the provisions of the Agreement, the provisions of this C2C Agreement will prevail to the extent of the subject matter of this C2C Agreement; and

b. any of the provisions of this C2C Agreement and the SCCs incorporated by reference into them, the provisions of the executed SCCs will prevail.

2. RELATIONSHIP OF THE PARTIES 

Each of Expedia and Supplier acknowledge that for the purpose of Applicable Data Protection Law, each party is an autonomous and independent controller.

3. General mutual obligations

3.1 Each Party will: 

a. comply with all Applicable Data Protection Law applicable to controllers when processing Relevant Personal Data;

b. ensure that it has an appropriate lawful basis under Applicable Data Protection Law for its processing of Relevant Personal Data, including for the sharing of Relevant Personal Data with the other Party for use by that Party as an independent and autonomous controller for a Permitted Purpose in accordance with the Agreement;

c. implement and maintain all appropriate technical and organizational measures and safeguards to protect Relevant Personal Data they each process from and against a personal data breach, taking into account the risks represented by the processing and the nature of the Relevant Personal Data. To the extent the Supplier is using NDC for its distribution, the Supplier agrees to comply with the security measures set out in Annex 2 (Technical and Organizational Measures) to this C2C Agreement as if the references to Expedia and Expedia Group are construed to apply to the Supplier and the Supplier’s group unless Supplier has provided, and Expedia has accepted, adequate technical and organizational measures to satisfy ’Expedia’s security requirements for third-party plug-in to its systems; and 

d. not share, distribute, sell or otherwise permit access to Relevant Personal Data with any third party save for any data sharing that is necessary to fulfil a Permitted Purpose or as otherwise agreed between the Parties in the Agreement. 

3.2 Transparency and disclosures: Each party will ensure that all Customers are made aware in a timely manner, via its privacy policy and/or by any other appropriate means, that their personal data will be shared with the other party for the Permitted Purposes (or such category of parties in general terms, if permitted under Applicable Data Protection Law); and will direct Customers to the other party’s privacy policy (specifically or generally) for more information about their handling of their personal data.

3.3 Naming the other Party: Neither Party will name the other in any public statement or disclosure to an individual or to a Supervisory Authority or other legal body relating to privacy without obtaining prior written approval from the other, unless legally prohibited from liaising with the other party.

3.4 Connectivity Providers: Where a Party (Instructing Party) directs the other (Instructed Party) to receive or transfer Personal Data via a third party (a Connectivity Provider) who is acting as a processor on behalf of the Instructing Party and as a third party intermediary recipient or transferor vis-à-vis the Instructed Party, then the Instructing Party confirms that it shall be liable to the Instructed Party for the acts and omissions of its Connectivity Provider, subject to any agreed limitation of liability agreed between the Parties in the Agreement.

3.5 Cross-Border Data Transfers:

The Parties agree and acknowledge that in this clause 3.5, wherever the word ‘transfer’ is used, it includes access being provided by one controller/processor to another controller/processor and:  

a. General: neither Party will (and shall not permit any other party to) transfer Relevant Personal Data outside the territory of origination unless that Party takes any required compliance measures to enable such transfer legally in accordance with Applicable Data Protection Law. 

b. Asia-Pacific Region and CBPR

i. The Parties agree and acknowledge that: 

   A. a CBPR Party is bound by a legally enforceable set of obligations to provide comparable protection to Applicable Data Protections Laws; and 

   B. Expedia is a CBPR Party. 

Where the Supplier is also a CBPR Party, the provisions of this paragraph (b) will be construed to apply two-way. 

ii. Subject to paragraph (iii) below, the Parties agree that where: 

   A. Relevant Personal Data is being transferred from one CBPR Country to another CBPR Country; and 

   B. the data importer is a CBPR Party,     

then, to the extent that and for so long as the CBPR System is a recognized method of transfer by a relevant supervisory authority, the CBPR System shall be the agreed mechanism for cross-border transfers of Relevant Personal Data to such CBPR Party. 

iii. The CBPR System will only apply for transfers that involve at least one of the Parties being located in an Asia-Pacific Region country that is also a CBPR Country. 

iv. Expedia confirms that it will provide at least the same level of protection for the Relevant Personal Data as is required under the CBPR System; and it will promptly notify the other Party if it makes a determination that it can no longer provide this level of protection. In such event, or if the other Party otherwise reasonably believes that Expedia is not protecting the Relevant Personal Data to the standard required under the CBPR System, the other Party may either: 

   A. instruct Expedia to take reasonable and appropriate steps to stop and remediate any unauthorized processing, in which event the Parties will promptly cooperate in good faith to identify, agree and implement such steps; 

   B. agree an alternate safeguard that may apply to the processing under Applicable Data Protection Law; or 

   C. if (A) and (B) fail to resolve the issue, terminate this C2C Agreement and the Agreement (or, at the other Party’s election, any affected portion thereof) without penalty by giving notice to Expedia. 

If the other Party also holds a current CBPR System certification, then the above provisions will be deemed to apply as if the obligations are two-way. 

c. DPF: The Parties agree that in respect of transfers of Restricted Transfer Data between the Parties to the United States or to a country which has not been deemed "adequate" under the Applicable Data Protection Laws of the originating Restricted Transfer Country: 

i. to the extent that and for so long as the DPF is a recognized method of transfer by a relevant authority, the DPF shall be the agreed mechanism for cross-border transfers of data originating from a Restricted Transfer Country to Expedia in the United States; and 

ii. to the extent that and for so long as the DPF is not a valid method of transfer (including for transfers of Restricted Transfer Data to a country which has not been deemed "adequate" under the Applicable Data Protection Law of the originating Restricted Transfer Country), 

the SCCs shall apply to such transfers and we will enter into them on the basis set out in paragraph (h) below. Where Supplier also hold a current DPF certification, transfers of Restricted Transfer Data to Supplier can similarly be made under the DPF with SCCs as a fallback mechanism as set out above.   

d. With regards to the DPF, Expedia agrees that it will provide the same level of protection as required by the DPF. If Supplier reasonably believe we are not protecting the Restricted Transfer Data to the standard required by the DPF, Expedia may either:  

i. rely on the SCCs as set out in paragraph (h) below; 

ii. if SCCs are not a viable or appropriate solution, propose to Supplier reasonable and appropriate steps to stop and remediate any unauthorized processing, which we will in good faith implement using commercially reasonable efforts; or 

iii. if the fallbacks in paragraphs (i) or (ii) above are not viable, terminate this C2C Agreement and the Agreement without penalty.  

e. If Supplier is certified under the DPF, Supplier will comply with the Notice and Choice Principles of the DPF (as defined in the EU-U.S. DPF). For the avoidance of doubt, if Supplier is not DPF-certified or accessing or receiving the Restricted Transfer Data in a country deemed ‘adequate’ by the European Commission, then the SCCs will be relied on for transfers of Restricted Transfer Data from Expedia to Supplier.  

f. The Parties agree that they may each disclose this C2C Agreement and any relevant privacy provisions in the Agreement to the US Department of Commerce, the Federal Trade Commission, any European data protection authority, or any other US or EU judicial or regulatory body upon their request and that any such disclosure shall not be deemed a breach of confidentiality.  

g. Extension of SCCs to Non-Restricted Transfer Countries: In relation to transfers of Relevant Personal Data between the Parties originating from a country that is not a Restricted Transfer Country but is otherwise subject to safeguards that, according to Applicable Data Protection Law, must be applied before a transfer can be made of that Relevant Personal Data outside of the country of origin (each a Non-Restricted Transfer Country), then the Parties agree that: 

i. the SCCs set out in paragraph (h) below shall be deemed to extend to such additional transfers to the extent that such deemed extension would satisfy the safeguards of that particular country; and/or  

ii. where the measures set out in paragraph (h) below are insufficient or require supplementary measures, the parties agree to take such further measures, including, for example, execution of relevant documents, collection of consent, making of required filings, as may be required from to time in order to satisfy Applicable Data Protection Law. 

h. SCCs. Subject to the paragraphs of clause 3.5 above, the Parties hereby agree to enter into the SCCs on an unchanged basis save for the following selections: 

i. Where Supplier is located inside the European Economic Area or otherwise in a country deemed “adequate” in accordance with Article 45 of the GDPR, (Adequate Country) Module one (1) of the SCCs will apply one-way only in respect of transfers from Supplier to Expedia. Otherwise, Module one (1) applies two-way to cover transfers from both Supplier to Expedia and Expedia to Supplier. 

ii. For the purposes of clause 11(a) of the SCCs, the optional language is deleted. 

iii. For the purposes of clause 13 of the SCCs, the relevant paragraph is “The supervisory authority of the Member State in which the representative within the meaning of Article 27(1) of Regulation (EU) 2016/679 is established, as indicated in Annex I.C, shall act as competent supervisory authority”.  

iv. For the purposes of clause 17 of the SCCs, the governing law is Ireland. 

v. For the purposes of clause 18(b) of the SCCs, the selection is Ireland.

vi. A new clause 19 is added to the SCCs to cover transfers of personal data from the United Kingdom to outside of the United Kingdom as follows:

          
 

                                                                          “Clause 19

                                                                UK GDPR and DPA 2018

The Parties agree that these Clauses will extend and apply, to the extent relevant to the transfer in question, to cover extra-territorial transfers that fall under the scope of UK GDPR and Data Protection Act 2018 (UK transfer). For the purposes of such UK transfer, the provisions of the International Data Transfer Addendum to the EU Commission Standard Contractual Clauses shall apply as set out in the form attached as the Addendum."

vii. A new clause 20 is added to cover transfers of personal data from Switzerland to outside of Switzerland as follows:           
 

                                                                                “Clause 20

                                                                               Swiss – FADP

The Parties agree that these Clauses will extend and apply, to the extent relevant to the transfer in question, to cover extra-territorial transfers that fall under the scope of Federal Act of Data Protection (FADP) (referred to in this Clause as a Swiss transfer). For the purposes of such Swiss transfers, the governing law shall be deemed to be the selected Member State, the choice of forum shall be the selected Member State and the Federal Data Protection and Information Commissioner (FDPIC) shall be the competent supervisory authority. The Parties further agree that such further changes shall be construed to be made to the Clauses in respect of a Swiss transfer as are deemed necessary by the FCPIC to comply with the UK GDPR and FADP, and the Clauses shall be interpreted in accordance with the requirements for Swiss transfers arising under those laws or as otherwise set out in guidance issued by the FDPIC, without the Parties having to enter into separate standard contractual clauses prepared specifically for their Swiss transfers. The Parties shall further do all such acts and things as may be necessary to ensure compliance with the FADP when engaging in Swiss transfers.”

viii. A new clause 21 is added to the SCCs to cover transfers of personal data from Brazil to outside of Brazil as follows:           

 

                                                                             “Clause 21

                                                                           Brazil – LGPD

The Parties agree that these Clauses will extend and apply, to the extent relevant to the transfer in question, to cover cross-border transfers that fall under the scope of the Brazilian General Data Protection Law No. 13,709/18 (Lei Geral de Proteção de Dados) (LGPD) (referred to in this Clause as a Brazilian transfer). For the purposes of such Brazilian transfers, the governing law shall be deemed to be the selected Member State, the choice of forum shall be the selected Member State and Brazil’s National Data Protection Authority (ANPD) shall be the competent supervisory authority. The Parties further agree that such further changes shall be construed to be made to the Clauses in respect of a Brazilian transfer as are deemed necessary by the ANPD to comply with the LGPD, and the Clauses shall be interpreted in accordance with the requirements for Brazilian transfers arising under those laws or as otherwise set out in guidance issued by the ANPD or other relevant Brazilian authority, without the Parties having to enter into separate standard contractual clauses prepared specifically for their Brazilian transfers. The Parties shall further do all such acts and things as may be necessary to ensure compliance with the LGPD when engaging in Brazilian transfers.”

ix. A new clause 22 is added to the SCCs to cover transfers of personal data from any other country not hitherto specified where the SCCs may be extended to ensure appropriate safeguards for transfers of personal data originating from that country to a party located outside of that country as follows:           

 

                                                                          “Clause 22

                                                          Other third country transfers

The Parties agree that these Clauses will extend and apply, to the extent relevant to the transfer in question, to cover cross-border transfers that fall under the scope of the any other applicable laws and regulations in any relevant jurisdiction, relating to the use or processing of personal data (Applicable Data Protection Laws) requiring terms and protections broadly equivalent to these Clauses in order to transfer personal data from that country to another (referred to in this Clause as a Third Country transfer). For the purposes of such Third Country transfers, the governing law shall be deemed to be the selected Member State, the choice of forum shall be the selected Member State and the data protection authority or regulatory body of that country shall be the competent supervisory authority. The Parties further agree that such further changes shall be construed to be made to the Clauses in respect of a Third Country transfer as are deemed necessary by such supervisory authority to comply with the Applicable Data Protection Law of that country, and the Clauses shall be interpreted in accordance with the requirements for Third Country transfers arising under those laws or as otherwise set out in guidance issued by the relevant supervisory authority, without the Parties having to enter into separate standard contractual clauses prepared specifically for their Third Country transfers. The Parties shall further do all such acts and things as may be necessary to ensure compliance with the Applicable Data Protection Law(s) when engaging in Third Country transfers.”

3.6 Annex 1 (SCCs Processing Overview) to this C2C Agreement constitutes Annex 1 of the SCCs. Annex 2 (Technical and Organizational Measures) to this C2C Agreement constitutes Annex 2 of the SCCs and applies only to Expedia where (a) only one-way SCCs apply for transfers of Restricted Transfer Data from Supplier to Expedia; or (b) Supplier has provided, and Expedia has accepted, adequate technical and organizational measures to satisfy Supplier’s Annex 2 requirements of the SCCs. Where the aforementioned conditions are not met, Annex 2 will be construed to apply to both parties and all references to Expedia and Expedia Group will be construed to reference either party accordingly. The Addendum to this C2C Agreement constitutes the UK Addendum for the purposes of the SCCs.

4. PCI Data

Each Party agrees that it will process, store, transmit and access any Relevant Persona Data that comprises payment information (including, without limitation, credit card, debit card, or financial account information) in compliance with the current Payment Card Information Data Security Standard (“PCI DSS”). In addition, where Supplier is the merchant of record and where Expedia possesses, stores, processes, or transmits Customer’s cardholder data on Supplier’s behalf, or to the extent that Expedia could impact the security of Supplier’s cardholder data environment, Expedia acknowledges that Expedia is responsible for the security of cardholder data that Expedia possesses, stores, processes or transmits and will comply with the PCI DSS as issued by the PCI Security Standard Council, as updated from time to time.

5. Term, termination and notices

5.1 This C2C Agreement will remain in full force and effect so long as the Agreement remains in effect.

5.2 Any provision of this C2C Agreement that expressly or by implication should come into or continue in force on or after termination of the Agreement in order to protect Relevant Personal Data will remain in full force and effect.             

5.3 Any notices under this DPA will be deemed effective if delivered by email to the contact(s) provided by either Party to the other for these purposes in accordance with the notice provisions in the Agreement. In the case of Expedia, this will require an email being sent to the account/relationship manager from time to time and copied to the Expedia privacy mailbox provided from time to time.           
 

ANNEX I – SCCs PROCESSING OVERVIEW

MODULE ONE: Part 1: Controller to Controller (Supplier to Expedia)

A. LIST OF PARTIES

Data exporter(s):

Party

The party/ies identified as the Supplier, partner, vehicle rental company or similar in the Agreement

Address

 

As specified in the Agreement

Contact name, position & contact details

To account or relationship manager using email address provided to Expedia from time to time

Activities relevant to data transferred under SCCs

 

Relevant Activities, being all processing activities required in connection with the promotion of the services of Supplier by facilitating the booking of rental vehicles and other activities through the Expedia systems, and any other activities set out in the Agreement between the Parties.

Role

Controller

 

 

Data importer(s):

Party

The non-EU parties identified as Expedia in the Agreement (“Expedia”) (as defined in the Agreement)

Address

As specified in the Agreement

Contact person’s name, position and contact details

Effective notice is deemed made when an email is sent to both (1) Account/relationship manager; and (2) the Expedia privacy mailbox, in each case using email address(es) provided to Supplier from time to time

Activities relevant to the data transferred under these Clauses

Relevant Activities as set out above.

Role

Controller

 

B. DESCRIPTION OF TRANSFER

 

Categories of data subject

  • Customers, being individuals whose personal data is collected and otherwise processed in connection with a Relevant Activity

Categories of personal data

  • Identification data, including title; first and last name; date and place of birth; gender; nationality; login details; passport; ID card; driver's license numbers; including delivery and expiration dates; and loyalty program information and numbers
  • Contact details, including postal address; email address; telephone (fixed and mobile); fax number; social media network username /handles
  • National identifiers, including tax ID; government identification number
  • Economic and financial data: bank account number; bank details; payment card details
  • Billing information, including client ID; invoices; payments including date and number of invoice, address where the invoice is being sent, currency used for the transaction, amount of VAT, cost center
  • Customer booking data, including Customer's history and preferences, including accessibility requirements; Customer group
  • Correspondence/communication with Customer
  • User communication: choices and concerns (including Customer newsletter opt-out requests)
  • Marketing/ surveys/ reviews data
  • Prize draw/ competition entries
  • Details of co-participants/family members or emergency contacts
  • Lodging and travel information to facilitate pick-ups or transportation, including Customer hotel, arrival and departure information (date, time, method and drop-off and pick-up locations)

Sensitive Data

  • Sensitive data to the extent necessary to address any ancillary accessibility or, other special needs arrangements in connection with the provision of vehicle rental services and related services

The frequency of the transfer (e.g. whether the data is transferred on a one-off or continuous basis)

  • Continuous or ad hoc basis in accordance with the needs of Supplier’s business

Nature of the processing

  • All processing operations required to facilitate purposes set out below

Purpose(s) of the data transfer and further processing

  • Permitted Purposes, as defined in the C2C Agreement

The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period

  • In accordance with the retention policy of Expedia Group, provided that to the extent that any personal data is retained beyond the termination of the Agreement for back up or legal reasons, Expedia will continue to protect such personal data in accordance with the Agreement

For transfers to (sub-) processors, also specify subject matter, nature and duration of the processing

  • To be provided on request in the event that SCCs apply

 

C. COMPETENT SUPERVISORY AUTHORITY

Identify the competent supervisory authority/ies in accordance with Clause 13 of SCCs

IRISH DATA PROTECTION AUTHORITY

 

MODULE ONE: Part 2: Controller to Controller (Expedia to Supplier)

A. LIST OF PARTIES

Data exporter(s):

The Parties identified as Data Importers in Module 1 Part 1 above. See Module 1, Part 1 for further details.

 

Data importer(s):

The Party/ies identified as Data Exporter(s) in Module 1, Part 1 above. See Module 1, Part 1 for further details.

B. DESCRIPTION OF TRANSFER

Categories of data subject

Categories of personal data

Sensitive Data

As per Module 1, Part 1

Frequency of transfer

Nature of processing

Purposes

As per Module 1, Part 1

The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period

In accordance with the retention policy of Supplier

For transfers to (sub-) processors, also specify subject matter, nature and duration of the processing

To be provided upon request in the event that SCCs apply

 

C. COMPETENT SUPERVISORY AUTHORITY

As per Module 1, Part 1.

 

ANNEX II - TECHNICAL AND ORGANIZATIONAL MEASURES

The technical and organizational measures that apply to us/Expedia for the purposes of Module (1), Part (1) are set out below.

SUBJECT

MEASURE

Measures of pseudonymisation and encryption of personal data

  • Expedia Group ("EG") supports industry standard encryption protocols for data transmission based on Expedia Group’s Information Classification and Handling Standard.
  • Data handling requirements are based on a categorical basis. Depending on the data being handled, different security requirements are in place across Expedia Group. For example, credit card data is considered Highly Sensitive and required to be encrypted both in transit and at rest.
  • Personal data of the customer (and its employees) is pseudonymized (and anonymized) by Expedia Group when possible and as required according to EG’s Information, Classification and Handling Standards.
  • Credit card numbers are tokenized/pseudonymized to eliminate processing of clear text credit card numbers.
  • Expedia Group utilizes encrypted connections through VPN, SSL, etc. and utilizes multi-factor authentication mechanisms.

Measures for ensuring ongoing confidentiality, integrity, availability and resilience of processing systems and services

  • Expedia Group maintains responsibilities and procedures for the management and operation of all information processing facilities to ensure complete, valid and accurate processing of data.
  • The monitoring of key processing facilities is in place, with a robust SOX program where controls over data processing and integrity are tested and attested to on an ongoing basis.
  • Industry standard logging and monitoring is in place on EG’s systems to ensure and protect against unauthorized access, modification and/or deletion.
  • Expedia Group maintains service resilience through redundant architecture, data replication, and integrity checking.

Measures for ensuring the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident

  • Expedia Group’s systems are specifically designed to impede or prevent common attacks and ensure availability for operation, monitoring and maintenance. For this purpose, Expedia Group regularly carries out simulated tests and audits to confirm that its systems maintain availability.
  • Servers are patched against Expedia Group’s robust patching policy and protected by industry standard AV/AM programs. Additionally, vulnerability assessments, thorough testing, and network reviews are conducted to ensure EG’s systems are maintained.
  • Availability and reliability monitoring is in place to ensure Expedia sites remain online, with minimal interruptions of service.
  • Expedia Group maintains a Disaster Recovery Plan that accounts for emergencies and contingency plans to ensure that customer services are uninterrupted according to severity and are tested regularly to ensure viability.

Processes for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures in order to ensure the security of the processing

  • Expedia Group’s technical and organizational measures are audited annually by external assessors as well as through robust internal testing.
  • EG conducts annual PCI assessments utilizing a third-party assessor and ensures ongoing compliance with PCI.
  • EG’s comprehensive internal testing function is comprised of quarterly vulnerability testing, internal and external penetration testing, network, system and firewall scanning and reviews. Additionally, an internal audit department conducts annual risk assessments to prioritize operational audits.

Measures for user identification and authorisation

Measures for the protection of data during transmission

Measures for the protection of data during storage

  • Expedia Group systems are aligned with industry best practices and have in place communication practices such as time-out sessions, lock-out protocols, and robust password and authentication controls.
  • Expedia Group maintains requirements for account provisioning and oversight to prevent unauthorized access or misuse of Expedia Group information and uses industry best practice as required, such as the Least Privilege Access principle, unique ID’s and multi factor authentication for strong authentication purposes.

Measures for ensuring physical security of locations at which personal data are processed

  • A Security Operations Center provides 24x7 coverage, with a formal incident response plan reviewed and tested at least annually.
  • All systems are regularly controlled and tested by external service providers.
  • Each Expedia Group customer receives their own customer ID. All datasets of the respective customer are stored under this ID and all customer data is logically segregated. Due to administration rights and database structures, the customer can only access datasets which are assigned to that user ID and data centers/AWS controls.
  • Only persons who are expressly authorized by Expedia and have a ‘need to know’ have access to personal data. Controls and monitoring are in place to ensure least privileged access and unauthorized access attempts to the system.

Measures for ensuring events logging

  • Expedia Group maintains robust logging and monitoring requirements to account for the who, what, where, when, target, source, and success/failure of the logged event.

Measures for ensuring system configuration, including default configuration

Measures for internal IT and IT security governance and management

Measures for certification/assurance of processes and products

  • Expedia Group’s (EG) Information Security program is aligned with industry frameworks and standards, working through its risk management program to ensure a robust and comprehensive security posture. Expedia Group maintains secure operational processes to support the security, availability, integrity and confidentiality of the environment and customers’ data.
  • Expedia Group’s build standards only enable system components, services, and protocols that serve a business requirement. Operating Systems, databases, and off-the-shelf applications must be discoverable to satisfy legal and regulatory audit requirements, supports configuration management tools, or deploys configuration management that successfully enforces security controls, must enable encryption for all remote administrative access to a system, display proper use of the system, the system is being monitored to detect improper use and other illicit activity there is no expectation of privacy while using the system.
  • Expedia Group takes a layered / defense-in-depth strategy to security. Critical capabilities and controls are in place across the enterprise (e.g.: anti-malware, WAF, network segmentation, DLP, etc.), utilizing a suite of policies, operations and technologies to ensure the environment is monitored through a central security organization and alerts responded to accordingly.
  • Expedia's systems are hosted on Amazon Web Services (AWS) and in Data Centers that provide Expedia Group with annual SOC 2 reports to ensure compliance.

Measures for ensuring data minimisation

Measures for ensuring data quality

Measures for ensuring limited data retention

Measures for ensuring accountability

  • Minimisation: Expedia Group ensures only minimum amount of data is collected, processed and stored. We only use identifiable format where necessary.
  • Retention: The Expedia Group data retention policy sets out different retention periods and backups depending on the category of data, including any legal obligation or other exemption which requires such data to be retained until certain legal obligations, such as tax and accounting purposes, have been extinguished.
  • Quality: Expedia Group has a formalized, quality management program, the Customer Experience Management (CEM) program. We are always striving for improvement within EG’s environment and seeking to streamline processes for higher efficiencies resulting in consistent, high-quality services and interactions with our partners, clients and travelers.
  • Accountability: Expedia Group ensure accountability oversight with consistent implementation of policies, industry regulations/frameworks and legal requirements by maintaining a formalized Governance program, and Legal/Privacy body.

Measures for allowing data portability and ensuring erasure

  • Expedia Group is directly responsible for ensuring compliance with data protection laws (including in relation to requests from data subjects). Expedia Group responds to all subject requests, including access, deletion and portability in accordance with applicable data protection law.
  • EG’s data retention policy sets out different retention periods and backups depending on the category of data, including any legal obligation or other exemption which requires such data to be retained until certain legal obligations, such as tax and accounting purposes, have been extinguished. In the event that Expedia Group is unable to destroy personal data, Expedia Group shall continue to extend relevant protections of the Agreement between the parties governing such personal data and terminate any further processing.

For transfers to (sub-) processors, also describe the specific technical and organizational measures to be taken by the (sub-) processor to be able to provide assistance to the controller and, for transfers from a processor to a sub-processor, to the data exporter

  • Expedia Group conducts due diligence into the information security practices of its vendors and requires vendors to meet comprehensive security requirements, including obligations requiring vendors to have in place and maintain appropriate technical and organizational measures.
  • Expedia Group has formalized detailed Security Impact Assessment (“SIA”) process. All new vendors accessing data are screened prior to engagement and during the term where necessary.
  • Additionally, Expedia Group also has robust vendor processor terms that are imposed on all vendors, ensuring the flow down of obligations to any of their sub-processors.

 

International Data Transfer Addendum to the EU Commission Standard Contractual Clauses (Addendum)

This Addendum has been issued by the Information Commissioner for Parties making Restricted Transfers. The Information Commissioner considers that it provides Appropriate Safeguards for Restricted Transfers when it is entered into as a legally binding contract.

Part 1 Tables

Table 1: Parties

Start Date

The date of the Agreement incorporating the SCCs to which these are attached (Approved EU SCCs)

Parties

Key Contact

Exporter: As per Approved EU SCCs

 

Importer: As per Approved EU SCCs

 

Table 2: Selected SCCs, Modules and Selected Clauses

Addendum EU SCCs

The version of the Approved EU SCCs to which this Addendum is appended

Table 3: Appendix Information

Appendix Information” means the information which must be provided for the selected modules as set out in the Appendix of the Approved EU SCCs (other than the Parties), and which for this Addendum is set out in:

Annex IA: List of Parties

Annex 1B Description of Transfer

Annex II: Technical and organizational measures

As per Approved EU SCCs

Table 4: Ending this Addendum when the Approved Addendum changes

Which Parties may end this Addendum as set out in Section 19

Neither Party

Part 2: Mandatory Clauses

Mandatory Clauses of the Approved Addendum, being the template Addendum B.1.0 issued by the ICO and laid before Parliament in accordance with s119A of the Data Protection Act 2018 on 2 February 2022, as it is revised under Section 18 of those Mandatory Clauses.