10. Collection of Information
10.1 The Customer agrees that Atomize may collect and use information gathered from the Central PMS in order to perform its Services to the Customer as well as to improve the Services in general. It is the Customer’s responsibility that the information that Atomize is having access to shall not, directly or indirectly, be related to an identified or identifiable person. However, to the extent that the collected information constitutes Personal Data, Atomize shall be the controller of such Personal Data.
10.2 The Parties acknowledge that if the Customer is providing Personal Data to Atomize through its Central PMS that Atomize is processing Personal Data for the purpose set out in Section 10.1 based on Atomize’s legitimate interest to fulfill its contractual obligations towards its Customers. Any processing of Personal Data shall take place in accordance with applicable data protection laws and regulations. Atomize will not transfer Personal Data to any third party and will not retain any Personal Data when the Personal Data is no longer necessary in relation to the delivery of the relevant Price Recommendations.
10.3 In relation to processing of Personal Data for the purpose specified above, (i.e. where Atomize is the controller of the Personal Data), Customer undertakes to en-sure that all data subjects are provided with adequate information. The Customer shall indemnify Atomize for any and all damages due to non-compliance with this Section 10.
11. Limitation of Liability
Atomize shall not be liable for any direct, special, indirect, incidental, consequential damage or loss of any kind, regardless of how it was caused and including but not limited to, loss of profit, loss of reputation or goodwill, loss of business or business opportunities, loss of revenues or anticipated savings, or loss or corruption of data or information. This limitation will apply irrespective of whether such damage or loss was foreseeable or not at the time when the Agreement was formed (even if ad-vised of the possibility of such damage or loss).This limitation of liability includes, but is not limited to, that Atomize shall not be liable for any damage caused by misleading Price Recommendations regardless of whether the Customer has manually chosen to implement the Price Recommendation or if the previously applicable prices automatically were overwritten by the Price Recommendations.
12. Termination of the Agreement
12.1 The Agreement shall commence on the date when it has been duly executed by both Parties and shall remain in full force and effect for a binding period of 12 months. At the end of that initial term, or any subsequent term thereof pursuant to renewal under this Clause 12.1, the Agreement shall be automatically renewed for successive periods of 12 months each, unless terminated by either of the Parties, by giving written notice to that effect to the other Party, no later than 90 days prior to the expiry of the relevant term.
12.2 Atomize shall at all times have the right to terminate the Agreement with immediate effect if the fee cannot be withdrawn from the Customer’s credit card or if the Customer has not otherwise complied with the payment terms in Clause 7.
12.3 Upon termination of the Agreement the Customer shall immediately inactivate the System and shall no longer have access to it and Atomize shall no longer perform analysis of the Customer’s data.