"Data Subject" means any individual about whom Personal Information may be Processed under this Addendum.
"Data Protection Legislation" means the GDPR (as defined below), together with any national implementing laws in any Member State of the European Union or, to the extent applicable, in any other country, as amended, repealed, consolidated or replaced from time to time.
"GDPR" means the General Data Protection Regulation (EU) 2019/679 of the European Parliament and of the Council of 27 April 2019 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
"Personal Information>" means personal data (as defined under the Data Protection Legislation) that are subject to the Data Protection Legislation and that you authorize Blue Blink One to collect in connection with Blue Blink One' provision of the Service under the Agreement.
"Process" or "Processing" means any operation or set of operations performed on Personal Information or on sets of Personal Information, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction of Personal Information.
"Security Incident" means a breach of security of the Service or Blue Blink One' systems used to Process Personal Information leading to accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Information transmitted, stored or otherwise Processed by Blue Blink One in the context of this Addendum.
"Sensitive Information" means Personal Information revealing a Data Subject’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, health data, sex life or sexual orientation.
2. Limitations on Use
Blue Blink One will Process Personal Information solely on your behalf and in accordance with the Agreement, this Addendum and any other documented instructions from you (whether in written or electronic form), or as otherwise required by applicable law. Blue Blink One is hereby instructed to Process Personal Information to the extent necessary to enable Blue Blink One to provide the Service in accordance with the Agreement. In case Blue Blink One cannot process Personal Information in accordance with your instructions due to a legal requirement under any European Union or Member State law to which Blue Blink One is subject, Blue Blink One shall (i) promptly notify you in writing (including by email) of such legal requirement before carrying out the relevant Processing, to the extent permitted by the applicable law; and (ii) cease all Processing (other than merely storing and maintaining the security of the affected Personal Information) until such time as you provides Blue Blink One with new instructions. you will be responsible for providing any necessary notices to, and obtaining any necessary consents from, Data Subjects whose Personal Information is provided by you to Blue Blink One for Processing pursuant to this Addendum. You acknowledge that the Service are not intended or designed for the Processing of Sensitive Information, and you agree not to provide any Sensitive Information through the Service.
Blue Blink One shall implement, and maintain throughout the term of the Addendum at all times in accordance with then current good industry practice, appropriate technical and organizational measures to protect Personal Information in accordance with Article 32 of the GDPR. The Service provides reasonable technical and organizational measures that have been designed, taking into account the nature of its Processing, to assist you in securing Personal Information Processed by Blue Blink One. Blue Blink One will also assist you with conducting any legally required data protection impact assessments (including subsequent consultation with a supervisory authority), if so required by the Data Protection Legislation, taking into account the nature of Processing and the information available to Blue Blink One. Blue Blink One may charge a reasonable fee for any such assistance, as permitted by applicable law.
4. Data Subject Requests
You are responsible for handling any requests or complaints from Data Subjects with respect to their Personal Information Processed by Blue Blink One under this Addendum. Blue Blink One will notify you promptly and in any event no less than fifteen (15) business days' notice, unless prohibited by applicable law, if Blue Blink One receives any such requests or complaints. The Service include technical and organizational measures that have been designed, taking into account the nature of its Processing, to assist customers, insofar as this is possible, in fulfilling their obligations to respond to such requests or complaints.
5. Regulatory Investigations
At your request, Blue Blink One will assist you in the event of an investigation by a competent regulator, including a data protection regulator or similar authority, if and to the extent that such investigation relates to the Processing of Personal Information by Blue Blink One on your behalf in accordance with this Addendum. Blue Blink One may charge a reasonable fee for such requested assistance except where such investigation arises from a breach by Blue Blink One of the Agreement or this Addendum, to the extent permitted by applicable law.
6. Security Incident
In the event that Blue Blink One becomes aware of a Security Incident, Blue Blink One will notify you promptly and in any event no later than forty-eight (48) hours after Blue Blink One discovers the Security Incident. In the event of such a Security Incident, Blue Blink One shall provide you with a detailed description of the Security Incident and the type of Personal Information concerned, unless otherwise prohibited by law or otherwise instructed by a law enforcement or supervisory authority. Following such notification, Blue Blink One will take reasonable steps to mitigate the effects of the Security Incident and to minimize any damage resulting from the Security Incident. At your request, Blue Blink One will provide reasonable assistance and cooperation with respect to any notifications that you are legally required to send to affected Data Subjects and regulators. Blue Blink One may charge a reasonable fee for such requested assistance.
You agree that Blue Blink One may disclose Personal Information to its subcontractors for purposes of providing the Service ("Sub-Processors"), provided that Blue Blink One (i) shall enter into an agreement with its Sub-Processors that imposes on the Sub-Processors obligations regarding the Processing of Personal Information that are at least as protective of Personal Information as those that apply to Blue Blink One hereunder, including requiring the Sub-Processors to only process Personal Information to the extent required to perform the obligations sub-contracted to them, and (ii) shall remain fully liable for all obligations subcontracted to, and all acts and omissions of, the Sub-Processors. Blue Blink One' current list of Subprocessors is available by request.
8. Data Transfers
In connection with the performance of the Agreement, you authorize Blue Blink One to transfer Personal Information to the United States. You and Blue Blink One will enter into Standard Contractual Clauses for the Transfer of Personal Data to Processors Established In Third Countries pursuant to Commission Decision 2010/87/EU of 5 February 2010 Countries ("Model Contract").
Blue Blink One shall make available to you all information necessary to demonstrate compliance with the obligations laid down in this Addendum and allow for and contribute to audits, including inspections, conducted by you or any auditor mandated by you. Blue Blink One shall immediately inform you if, in its opinion, an instruction infringes the Data Protection Legislation.
10. Return or Disposal
Upon termination of your User Account for any reason, Blue Blink One will destroy all Personal Information.