Last updated: December 11, 2024

Bling Cloud Technologies Inc.

Data Protection Addendum

This Data Protection Addendum ("Addendum") between Bling Cloud Technologies Inc. (“Bling”) and the Customer (as defined in the Agreement) forms part of the Bling Inc. Terms of Service set forth at https://www.bling.cloud/terms or such other written or electronic agreement incorporating this Addendum, in each case governing Customer’s access to and use of the Services (the “Agreement”).

Customer enters into this Addendum on behalf of itself and any Affiliates authorized to use the Services under the Agreement and who have not entered into a separate contractual arrangement with Bling. For the purposes of this Addendum only, and except where otherwise indicated, references to "Customer" shall include Customer and such Affiliates.

The Parties hereby agree that the terms and conditions set out below shall be added as an Addendum to the Agreement.

Definitions

In this Addendum, the following terms shall have the meanings set out below and cognate terms shall be construed accordingly:

The terms “Business”, “Business Purpose”, “commercial purpose”, “Contractor”, “Controller”, “Data Subject”, “Personal Data”, “Personal Data Breach”, “Process”, “Processor”, “Sell”, “Service Provider”, “Share”, “Subprocessor”, “Supervisory Authority”, and “Third Party” have the same meanings as described in applicable Data Protection Laws and cognate terms shall be construed accordingly.

Capitalized terms not otherwise defined in this Addendum shall have the meanings ascribed to them in the Agreement.

Roles of the Parties

The Parties acknowledge and agree that with regard to the Processing of Customer Personal Data, and as more fully described in Annex 1 hereto, Customer acts as a Business or Controller, and Bling acts as a Service Provider or Processor. This Addendum shall apply solely to the Processing of Customer Personal Data by Bling acting as a Processor, Subprocessor, or Third Party (as specified in Annex 1).

The Parties expressly agree that Customer shall be solely responsible for ensuring timely communications to Customer's Affiliates or the relevant Controller(s) who receive the Services, insofar as such communications may be required or useful in light of applicable Data Protection Laws to enable Customer's Affiliates or the relevant Controller(s) to comply with such Laws.

Description and Purpose of Personal Data Processing

In Annex 1 to this Addendum, the Parties have mutually set out their understanding of the subject matter and details of the Processing of the Customer Personal Data to be Processed by Bling pursuant to this Addendum. The Parties may make reasonable amendments to Annex 1 on mutual written agreement and as reasonably necessary to meet those requirements. Annex 1 does not create any obligation or rights for any Party.

The purpose of Processing under this Addendum is the provision of the Services pursuant to the Agreement and any Order Form(s).

Data Processing Terms

Customer shall comply with all applicable Data Protection Laws in connection with the performance of this Addendum and the Processing of Customer Personal Data. In connection with its access to and use of the Services, Customer shall Process Customer Personal Data within such Services and provide Bling with instructions in accordance with applicable Data Protection Laws. As between the Parties, Customer shall be solely responsible for compliance with applicable Data Protection Laws regarding the collection of and transfer to Bling of Customer Personal Data. Customer agrees not to provide Bling with any data concerning a natural person's health, religion or any special categories of data as per applicable laws.

Bling shall comply with all applicable Data Protection Laws in the Processing of Customer Personal Data and Bling shall:

Implement and maintain the technical and organizational measures set out in the Agreement, and, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, implement and maintain any further commercially reasonable and appropriate administrative, technical, and organizational measures designed to ensure a level of security appropriate to the risk of the Processing of Customer Personal Data, and specifically:

Customer hereby agrees that Bling is generally authorized to engage and appoint Sub-processors, and specifically the Sub-processors listed in Annex 2 hereto, subject to Bling's:

To the extent legally permissible, promptly notify Customer in case of any legally binding requests (i.e., disclosures required by law, court order, or subpoena) for disclosure of Customer Personal Data by Bling. In case if it is not legally binding then Customer Personal Data would not be disclosed and Bling will notify the Customer of such request rejection. A record of all legally binding disclosure requests relating to Customer Personal Data shall be maintained.

To the extent legally permissible, promptly notify Customer of any communication from a Data Subject regarding the Processing of Customer Personal Data, or any other communication (including from a Supervisory Authority) relating to any obligation under the applicable Data Protection Laws in respect of the Customer Personal Data. Bling will not respond to any such request or complaint unless expressly authorized to do so by Customer or is otherwise required to respond under applicable Data Protection Laws. Taking into account the nature of the Processing, Bling will reasonably assist Customer (or the relevant Controller) by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of Customer's, Customer's Affiliates' or the relevant Controller(s)' obligation to respond to requests for exercising the data subject's rights. Customer agrees to pay Bling for time and for out-of-pocket expenses incurred by Bling in connection with the performance of its obligations under this Section 4.2(e);

Upon Bling's becoming aware of a Personal Data Breach involving Customer Personal Data, notify Customer without undue delay, of any Personal Data Breach involving Customer Personal Data, such notice to include, to the extent reasonably available to Bling, all timely information reasonably required by Customer (or the relevant Controller) to comply with its data breach reporting obligations under the applicable Data Protection Laws. Bling shall further take all such measures and actions as are necessary to remedy or mitigate the effects of such Security Incident and shall keep Customer reasonably informed of developments concerning Customer Personal Data;

To the extent required by the applicable Data Protection Laws, provide reasonable assistance to Customer, Customer's Affiliates' or the relevant Controller(s)' with its obligations pursuant to applicable Data Protection Laws taking into account the nature of the Processing and information available to Bling; Customer agrees to pay Bling for time and for out of pocket expenses incurred by Bling in connection with any assistance provided in connection with applicable laws;

Cease Processing the Customer Personal Data upon the termination or expiry of the Agreement, and at option of Customer, Customer's Affiliates or the relevant Controller(s) either return or delete (including by ensuring such data is in non-readable format) all copies of the Customer Personal Data Processed by Bling, unless (and solely to the extent and for such period as) applicable law requires Bling to retain some or all of the Customer Personal Data. Any such Customer Personal Data retained shall remain subject to the obligations of confidentiality set forth in the Agreement;

Bling shall maintain the necessary records in support of demonstrating compliance with its obligations (as specified in the applicable contract) for the processing of Customer Personal Data carried out on behalf of the Customer.

Make available to Customer all information reasonably necessary to demonstrate compliance with this Addendum and allow for and contribute to audits, including inspections, by Customer, or an independent third party auditor mandated by Customer, provided that Customer gives Bling reasonable prior notice of its intention to audit, conducts its audit during Bling’s normal business hours, and takes all reasonable measures to prevent unnecessary disruption to Bling’s operations. For the purposes of demonstrating compliance with this Addendum under this Section 4.2(i), the Parties agree that in the first instance, once per year during the term of the Agreement (except if and when required by instruction of a competent Supervisory Authority or where Customer believes a further audit is necessary due to a Personal Data Breach concerning Customer Personal Data suffered by Bling), Bling will provide to Customer responses to cybersecurity and other assessments and only where Customer cannot establish Bling’s compliance with this Addendum from Bling’s responses shall Customer request to inspect Bling’s processing operations. Customer agrees to pay Bling for time and for out of pocket expenses incurred by Bling in connection with assistance provided in connection with such audits, responses to cybersecurity and other assessments.

Restricted Transfers

The parties agree that when the transfer of Customer Personal Data from Customer and/or any of its Affiliates (as exporter) to Bling (as importer) is a Restricted Transfer and relevant Area Law applies, the transfer shall be subject to the appropriate Controller to Processor Contractual Clauses.

Precedence

The provisions of this Addendum are supplemental to the provisions of the Agreement. In the event of any inconsistency between the provisions of this Addendum and the provisions of the Agreement, the provisions of this Addendum shall prevail. In the event that any provision of this Addendum and/or the Agreement contradicts, directly or indirectly, the Controller to Processor Contractual Clauses, the Controller to Processor Contractual Clauses will control.

Indemnity

To the extent permissible by law, Customer shall (a) defend Bling and its Affiliates (collectively, “Indemnified Parties”) from and against any and all claims, demands, suits, or proceedings made or brought against any of the Indemnified Parties by any third party (each, a “Claim”), and (b) indemnify and hold harmless the Indemnified Parties from and against any and all losses, damages, liabilities, fines and administrative fines, penalties, settlements, and costs and expenses of any kind (including, without limitation, reasonable legal, investigatory and consultancy fees and expenses) incurred or suffered by any of the Indemnified Parties, in each case arising from any breach by Customer of this Addendum or of its obligations under applicable Data Protection Laws. Bling may participate in the defense and/or settlement of a Claim under this Section 7.1 with counsel of its choosing at its own expense.

Severability

The Parties agree that, if any section or sub-section of this Addendum is held by any court or competent authority to be unlawful or unenforceable, it shall not invalidate or render unenforceable any other section of this Addendum.

Miscellaneous.

The Addendum considers the following and follows:

Bling shall comply with all statutory and regulatory requirements, ISO 27001:2013, ISO 27701:2019 and DPDPA requirements.

In the event a Data Subject wishes to exercise its data subject rights under applicable Data Protection Law, including, but not limited to, a data subject’s right of access, correction and/or erasure of its Personal Data in Bling’s control, the Data Subjects can submit such request done by contacting Bling’s Data Protection Officer (DPO) below. Also for raising concerns and/or any complaints related to the Customer Personal Data that can be done by contacting the Data Protection Officer below:

There are no Temporary files getting generated during processing.

Annex 1 to Data Protection Addendum

Description of Processing Activities for Customer Personal Data

This Annex includes certain details of the Processing of Customer Personal Data by Bling in connection with the Services.

List of Parties

Data Exporter

Field Details
Name: Customer (as defined in the Agreement)
Address: As set forth in the relevant Order Form.
Contact person’s name, position, and contact details: As set forth in the relevant Order Form.
Activities relevant to the data transferred under these Clauses: Recipient of the Services provided by Bling in accordance with the Agreement.
Signature and date: Signature and date are set out in the Agreement.
Role (controller/processor): Controller

Data Importer

Field Details
Name: Bling Cloud Technologies Inc.
Address: 386 S Burnside Ave, 5D Los Angeles, CA, 90036
Contact person’s name, position, and contact details: Kishlaya Sharma
DPO
kishlaya@bling.cloud
Activities relevant to the data transferred under these Clauses: Provision of the Services to the Customer in accordance with the Agreement.
Signature and date: Signature and date are set out in the Agreement.
Role (controller/processor): Processor

Competent Supervisory Authority

Field Details
Identify the competent supervisory authority/ies in accordance with Applicable Data Protection Clause Data Protection Authority

Processing Information

Field Details
Categories of data subjects whose personal data is transferred Customer’s authorized users of the Services
Categories of personal data transferred Processed automatically by the Services:
  • Names
  • Email IDs
class="mb-10 text-justify text-gray-900"Processed where and to the extent provided by Customer or its authorized users in connection with audit services provided by Bling:

  • Address
  • Date of birth
  • Past employment details
Sensitive personal data transferred None
Frequency of the transfer Continuous
Nature of the processing The nature of the processing is more fully described in the Agreement and accompanying order forms but will include the following basic processing activities: The provision of Services to Customer. In order to provide people data, Bling receives identifying Customer Personal Data to permit Bling to query, cleanse, standardize, enrich (when required), send to additional data to feed providers, and to store the query information.
Purpose of the data transfer and further processing The purpose of the transfer is to facilitate the performance of the Services more fully described in the Agreement and accompanying order forms.
For processing involving California consumers, please select the Business Purpose(s) for Processing Personal Data
  • ​N/A 
  • ​​☐​ Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards 
  • ​​☒​ Helping to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for these purposes 
  • ​​☒​ Debugging to identify and repair errors that impair existing intended functionality. 
  • ​​☐​ Short-term, transient use, including, but not limited to, nonpersonalized advertising shown as part of a consumer’s current interaction with the business, provided that the consumer’s personal information is not disclosed to another third party and is not used to build a profile about the consumer or otherwise alter the consumer’s experience outside the current interaction with the business 
  • ​​☒​ Performing services on behalf of the business, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of the business. 
  • ​​☐​ Providing advertising and marketing services, except for cross-context behavioral advertising, to the consumer provided that, for the purpose of advertising and marketing, a service provider or contractor shall not combine the personal information of opted-out consumers that the service provider or contractor receives from, or on behalf of, the business with personal information that the service provider or contractor receives from, or on behalf of, another person or persons or collects from its own interaction with consumers. 
  • ​​☒​ Undertaking internal research for technological development and demonstration. 
  • ​​☒​ Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business. 
  • ☒ To retain and employ another service provider or contractor as a subcontractor where the subcontractor meets the requirements for a service provider or contractor under CCPA. 
  • ☒ To build or improve the quality of the services it is providing to the business even if this Business Purpose is not specified in the written contract required by CCPA provided that Service Provider does not use the Customer Personal Data to perform Services on behalf of another person. 
  • ☒ To prevent, detect, or investigate data security incidents or protect against malicious, deceptive, fraudulent, or illegal activity, even if this Business Purpose is not specified in the written contract. 
Period for which the personal data will be retained or criteria used to determine that period  The period for which the Customer Personal Data will be retained is more fully described in the Agreement, Addendum, and accompanying order forms.
Subprocessor transfers – subject matter, nature, and duration of processing  The subject matter, nature, and duration of the Processing more fully described in the Agreement, Addendum, and accompanying order forms.

Technical and Organisational Security Measures

Description of the technical and organisational security measures implemented by Bling as the data processor/data importer to ensure an appropriate level of security, taking into account the nature, scope, context, and purpose of the processing, and the risks for the rights and freedoms of natural persons.

Security

Security Management System.

Personnel Security.

• Bling personnel are required to conduct themselves in a manner consistent with the company’s guidelines regarding confidentiality, business ethics, appropriate usage, and professional standards. Bling conducts reasonably appropriate background checks on any employees who will have access to client data under this Agreement, including in relation to employment history and criminal records, to the extent legally permissible and in accordance with applicable local labor law, customary practice and statutory regulations.

• Personnel are required to execute a confidentiality agreement in writing at the time of hire and to protect Customer Personal Data at all times. Personnel must acknowledge receipt of, and compliance with, Bling’s confidentiality, privacy and security policies. Personnel are provided with privacy and security training on how to implement and comply with the Information Security Program. Personnel handling Customer Personal Data are required to complete additional requirements appropriate to their role (e.g., certifications). Bling’s personnel will not process Customer Personal Data without authorization.

Access Controls

Access Management. Bling maintains a formal access management process for the request, review, approval and provisioning of all personnel with access to Customer Personal Data to limit access to Customer Personal Data and systems storing, accessing or transmitting Customer Personal Data to properly authorized persons having a need for such access. Access reviews are conducted periodically to ensure that only those personnel with access to Customer Personal Data still require it.

Infrastructure Security Personnel. Bling has, and maintains, a security policy for its personnel, and requires security training as part of the training package for its personnel. Bling’s infrastructure security personnel are responsible for the ongoing monitoring of Bling’s security infrastructure, the review of the Services, and for responding to security incidents.

Access Control and Privilege Management. Bling’s and Customer’s administrators and end users must authenticate themselves via a Multi-Factor authentication system or via a single sign on system in order to use the Services

Internal Data Access Processes and Policies – Access Policy. Bling’s internal data access processes and policies are designed to protect against unauthorized access, use, disclosure, alteration or destruction of Customer Personal Data. Bling designs its systems to only allow authorized persons to access data they are authorized to access based on principles of “least privileged” and “need to know”, and to prevent others who should not have access from obtaining access.  Bling requires the use of unique user IDs, strong passwords, two factor authentication and carefully monitored access lists to minimize the potential for unauthorized account use. The granting or modification of access rights is based on: the authorized personnel’s job responsibilities; job duty requirements necessary to perform authorized tasks; a need to know basis; and must be in accordance with Bling’s internal data access policies and training. Approvals are managed by workflow tools that maintain audit records of all changes. Access to systems is logged to create an audit trail for accountability. Where passwords are employed for authentication (e.g., login to workstations), password policies follow industry standard practices. These standards include password complexity, password expiry, password lockout, restrictions on password reuse and re-prompt for password after a period of inactivity

Data Center and Network Security

Data Centers.

Networks and Transmission.

Data Storage, Isolation, Authentication, and Destruction. Bling stores data in a multi-tenant environment on AWS servers. Data, the Services database and file system architecture are replicated between multiple availability zones on AWS. Bling logically isolates the data of different customers. A central authentication system is used across all Services to increase uniform security of data. Bling ensures secure disposal of Client Data through the use of a series of data destruction processes.

Annex 2

Bling’s Sub-processors

Name of Sub-processor Description of Processing Location of Sub-processor
Amazon Web Service Cloud Service Provider USA
Google Workspace Email Service Provider USA and India
Github Code Version Control USA
Discord Internal Messaging USA
Stripe Payment Processor USA