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Data Protection Addendum - GDPR

Blood Orange Ltd — Data Protection Addendum

Effective from: 17th April 2025

 

1.0 DEFINITIONS

 

For the purposes of this Addendum:

  • “Data Protection Legislation” means: (i) the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and any national implementing law, regulations and secondary legislation, as amended or updated from time to time in the UK; and (ii) any successor legislation to the GDPR or the Data Protection Act 2018. 
  • “Applicable Laws” means (for so long as and to the extent that they apply to the Client) the law of the European Union, the law of any member state of the European Union, and/or Domestic UK Law. 
  • “Domestic UK Law” means any data protection legislation from time to time in force in the UK, including the Data Protection Act 2018 or any successor legislation, and any other law that applies in the UK. 
  • Terms such as “Processing (Process and Processes)”, “Personal Data”, “Controller” and “Processor” shall have the meanings given to them in the Data Protection Legislation.

2.0 APPLICATION

 

2.1 Where Blood Orange Ltd Processes Personal Data on behalf of the Client in providing the Services under the Agreement, the provisions of this Addendum shall apply.

2.2 Both parties will comply with all applicable requirements of the Data Protection Legislation in performing their obligations under the Agreement.

2.3 This Addendum is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.

 

3.0 PURPOSE AND NATURE OF PROCESSING

 

3.1 The parties acknowledge that for the purposes of the Data Protection Legislation, the Client is the Data Controller and Blood Orange Ltd is the Data Processor.

3.2 Schedule 1 describes the subject matter, duration, nature, and purpose of processing and the Personal Data categories and Data Subject types. Variations will be set out in the individual Quote.

 

4.0 PROCESSING OBLIGATIONS OF BLOOD ORANGE LTD

 

4.1 Blood Orange Ltd agrees to:

  • Process Personal Data solely for the purpose of producing the Delivery Materials and in accordance with the Client’s instructions; 
  • Not permit Processing for any other purpose unless required by Applicable Laws; 
  • Notify the Client immediately if any instruction conflicts with Data Protection Legislation; 
  • Ensure that personnel authorised to Process Personal Data are obliged to maintain confidentiality. 

5.0 SUB-PROCESSORS

 

5.1 Blood Orange Ltd shall not engage a sub-processor without the Client’s prior written consent.

5.2 Where consent is given, Blood Orange Ltd shall:

  • Enter into a written agreement with the sub-processor incorporating terms equivalent to this Addendum; 
  • Ensure sufficient technical and organisational measures are maintained; 
  • Remain fully liable for all acts or omissions of the sub-processor. 

6.0 COOPERATION AND ASSISTANCE

 

6.1 Blood Orange Ltd shall assist the Client by:

  • Providing information necessary to demonstrate compliance; 
  • Assisting with data subject rights requests; 
  • Supporting data protection impact assessments; 
  • Notifying the Client of any Personal Data Breach within twenty-four (24) hours of discovery. 

7.0 SECURITY OF PERSONAL DATA

 

7.1 Blood Orange Ltd shall implement appropriate technical and organisational measures to:

  • Ensure a level of security appropriate to risks; 
  • Prevent accidental or unlawful destruction, loss, alteration, unauthorised disclosure, or access to Personal Data.

8.0 INTERNATIONAL TRANSFERS

 

8.1 Blood Orange Ltd shall not transfer Personal Data outside of the European Economic Area without prior written consent from the Client, except where:

  • Appropriate safeguards are in place; 
  • Data Subjects have enforceable rights and effective legal remedies; 
  • Compliance with Data Protection Legislation is maintained. 

9.0 DATA RETENTION

 

9.1 On termination of the Agreement, Blood Orange Ltd shall, at the Client’s written request, delete or return all Personal Data and copies unless retention is required by law.

10.0 INSPECTION AND AUDIT

 

10.1 Blood Orange Ltd shall maintain complete and accurate records to demonstrate compliance and shall allow audits or inspections by the Client or an appointed auditor.

11.0 SURVIVAL

 

11.1 The obligations under this Addendum shall survive termination or expiry of the Agreement.

Schedule 1: Processing Details

  • Subject Matter: The provision of video production services. 
  • Duration: The term of the Agreement. 
  • Nature and Purpose of Processing: Processing of Personal Data to produce Delivery Materials. 
  • Categories of Personal Data: Names, contact information, likeness, audio/video recordings. 
  • Data Subjects: Clients, contributors, actors, third parties involved in production. 

 

This Data Protection Addendum is governed by the laws of England and Wales.