Privacy and Cookie Policy

This data protection and privacy notice provides information on how Achieve Arts Agency Ltd (also referred to in this notice as "we" or "us") uses personal data relating to users of its websites and services (referred to in this notice as "you"). Our websites and services are referred to in this notice as the "Sites" and the "Services".

It also contains information on marketing activities and the use of cookies on our Sites.

1. Who are we?

Achieve Arts Agency Ltd is a company registered in England and Wales with company number 13213476.

We are registered as a data controller with the Information Commissioner’s Office, registration number: ZA903123.

2. What personal data do we collect and why?

We use the information you give us to improve our service and to tailor your experience through the site around your interests and professional background. For this reason, our reason for processing data under GDPR is, for the most part, based on Legitimate Interests.

We appreciate that, on engaging our Services, you have trusted us with your data. With this in mind, we pledge to respect your privacy, and be open about what we collect and how we use it. We will go to all reasonable lengths to ensure your data is kept safe.

We will work with you to ensure you are able to exercise the rights granted to you, as a data subject under GDPR. 

Data we collect includes:

Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses

· Date of birth, gender and/or age, your nationality and/or citizenship status

· Next of kin and emergency contact information

· National Insurance number

· Bank account details and tax status information

· Copies of driving licence and passport

· Photographs

· Your calendar

· Agency client engagement information (including copies of right to work documentation, references, samples of work and submissions (in any form including tapes, images and documents), and information included in a CV or cover letter or as part of the client application process).

· Career history including work/engagement/project/employment records, project details, job titles, work history, working hours, holidays, training records and professional memberships)

· Filmography

· Credits

· Contracts

· Payment and fee details including any interest in and connection with any intermediary through which your services are supplied and royalty payments

· Merchandising, commercial tie-up rights, advertising, intellectual property rights and other information relating to exploitation of your rights

· Details of contractual negotiations conducted on your behalf with third parties

· Details of the projects/engagements you are or have been involved in

· Health information including mental health

· Casting information such as headshots, body measurements, and skin, hair and eye colour.

· Information about criminal convictions or offences

Some of the personal data above may also fall within “special categories” of more sensitive personal data such as:

· Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions.

· Trade union membership.

· Information about your health, including any medical condition, health and sickness records

· Genetic information and biometric data.

Some of the personal data above may fall within personal data relating to criminal convictions and offences.

What is the source of your personal data?

Most of the personal data we collect, store and use about you will be provided by you (or third parties authorised by you) as follows:

· As part of and during the agency- client engagement process prior to you engaging us as your agents (e.g. submissions, CVs and references); and

· As part of the agency- client relationship to enable us to fulfil our contractual obligations to you under our agency client agreement.

We may also use and store personal data about you from:

· Information generated about you in fulfilling our contractual obligations under the agency client agreement; and

· Information about you that is available from public sources (e.g. IMDB, Wikipedia, LinkedIn, Spotlight, YouTube).

How will we use your personal data and what are our legal grounds for processing your personal data?

We use your personal data primarily for the purpose of acting for you as your agent.  The situations in which we may use your personal data are set out below along with the legal grounds we will rely upon to process your data.  Some of the legal grounds for processing will overlap and there may be several grounds which justify our use of your personal data.

· The processing of your personal data is necessary for the performance of an agency- client agreement or to enable us to take steps at your request prior to entering into an agency- client agreement:

· To make a decision about whether we take you on as a client

· Determining the terms of our agency- client agreement with you

· Keeping you up to date and reporting to you

· To represent you

· To find and put you forward for new projects and engagements

· To create an artist/performer profile on our casting database and website to enable us to assess your suitability for new roles and projects so that we can easily forward your profile onto third parties such as casting directors and producers and transfer your profile onto a third-party casting database and to find and put you forward for new roles and projects

· Negotiating the terms of your engagement on new projects with third parties including (but not limited to):

· The scope of your services

· Fees, payments and royalties

· Work benefits and expenses

· Working hours, dates of the engagement, place of work and your work environment

· Restrictive covenants

· Disputes

· Publicity

· Managing your affairs and servicing contracts

· To negotiate your intellectual property rights, licence fees and royalty payments

· To collect and receive payments on your behalf, to undertake invoicing, to collect and pay VAT and to deduct our commissions

· Making arrangements for the termination of any agency client relationship

· The processing of your personal data is necessary for our legitimate interests of running an agency business:

· Business management and planning

· Dealing with legal disputes involving you and/or our employees

· Equal opportunities monitoring

· Updating client records

· To monitor and keep records of our communications with you and our staff

· For market research and analysis and developing statistics

· For some direct marketing communications

· To comply with our legal obligations

· Accounting and auditing of our business

· To comply with any obligations under employment law and/or under the Employment Agency Standards

· Consent

· For some direct marketing

Change of purpose

We will only use your personal data for those situations listed above, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, where this is required or permitted by law.

How we use particularly sensitive personal data about you and what are our legal grounds for processing this type of personal data

Special categories of particularly sensitive personal data and personal data relating to criminal convictions and offences require higher levels of protection. We need to have a further legal ground for collecting, storing and using this type of personal data. We may process special categories of personal data in the following circumstances:

A. With your explicit consent

· To collect, hold and disclose data concerning your health to third parties e.g. where disclosure of your health records or a medical examination is a condition of your engagement on a project.

· To create an artist/performer profile on our casting database and website to enable us to assess your suitability for new roles and projects so that we can easily forward your profile onto third parties such as casting directors and producers; transfer your profile onto a third-party casting database and to find and put you forward for new roles and projects 

B. Processing is necessary to protect your vital interests or those of another natural person

· To collect, hold and disclose data concerning your health to third parties e.g. where disclosure of your health records is necessary for a medical emergency.

C. The personal data we wish to process has manifestly been made public by you

D. Processing is necessary for the establishment, exercise or defence of legal claims or whenever Courts are acting in their judicial capacity

E. Processing is necessary for reasons of substantial public interest

When do we share your personal data with other organisations or individuals?

We may have to share your personal data with third parties, including third-party service providers. We require such third parties to respect the security of your data and to treat it in accordance with data protection legislation.

A situation where we will often provide your personal data to third parties is where it is necessary for the performance of the agency client agreement with you such as where we put you forward for new projects or where certain categories of your personal data are required by a third party in respect of a project you have been engaged on.

2.1. Visiting our website

If you visit our website, we will log your IP address and aggregate details about site usage.

2.2. Registration and subscription details

If you register with us and/or subscribe to certain Services, your registration and subscription details will be retained by us for the purposes of administering your account. Details we process for this purpose include: your name, address, email address and personal stats provided which you shall not misrepresent. We will also collect your date of birth for verification purposes.

2.3. Your profile(s) and other content

If you send us or upload a profile and other content, this will be visible to Clients in accordance with the Services we provide to them and you. 

We will not publish your real age, but if you are an actor or other performer, you may be required to provide a playing age – see our Age policy for more details.

2.4. Contacting us

If you contact us (via email, telephone, post or otherwise), we may collect and retain your contact details and the contents of your communication. We shall use such details for the purpose of handling your query and keeping records of communications. See also clause 2.5, below.

2.5. Other use of your personal data

We may also use your personal data for the purposes of:

• checking your compliance      with our terms of service;
• website administration and      maintenance, and quality control;
• investigating complaints and      conducting risk assessments;
• compliance with legal      obligations, or protection and enforcement our legal rights and those of      other users; and / or
• managing actual or potential      services to you or sale of our business but will seek your consent before.
• Please also see paragraphs 3      and 4 below in relation to marketing communications, site analysis and      monitoring.

3. Marketing communications from us and third parties

We may send you marketing materials by email or post, or contact you by telephone for marketing purposes. We will only do this if relevant to the Services provided to you or otherwise with your consent.

If you recommend a friend to us for our Services, we may contact such friend using contact details provided by you in order to enquire whether they are interested in our Services. It is your responsibility to inform your friend that we may contact them in this way and ensure that they are happy for us to do so.

4. Cookies, site analysis and monitoring

Cookies are tiny files stored on your computer or other device when you visit certain web pages.

If you disable these cookies, you may be able to still browse the site, however you may not be able to take advantage of all features available on the site.

For more information about cookies, and how to manage and disable them, you can visit this guide.

We may use the following cookies:

• Strictly necessary cookies. These are cookies that      are required for the operation of our website. They include, for example,      cookies that enable you to log into secure areas of our website, use a      shopping cart or make use of e-billing services.
• Analytical/performance      cookies. They      allow us to recognise and count the number of visitors and to see how      visitors move around our website when they are using it. This helps us to      improve the way our website works, for example, by ensuring that users are      finding what they are looking for easily.
• Functionality cookies. These are used to      recognise you when you return to our website. This enables us to      personalise our content for you, greet you by name and remember your      preferences (for example, your choice of language or region).
• Targeting cookies. These cookies record      your visit to our website, the pages you have visited and the links you      have followed. We may use this information to make our website and the      advertising displayed on it, or communications that we send to you, more      relevant to your interests. We may also share this information with third      parties for this purpose.

You can usually (depending on the browser you are using) block cookies by consulting the "Help" tab of your browser via the menu bar. Please note that if you use your browser settings to block all cookies (including strictly necessary cookies), this may prevent our website from functioning properly or at all. You are taken to have agreed to any cookies that you have not blocked.

To change your cookie settings, if you want to be notified each time a cookie is about to be used or if you want to reject cookies that you have previously agreed to, you can amend the settings as described above.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

You can usually (depending on the browser you are using) block cookies by consulting the "Help" tab of your browser via the menu bar. Please note that if you use your browser settings to block all cookies (including strictly necessary cookies), this may prevent our website from functioning properly or at all. You are taken to have agreed to any cookies that you have not blocked.

To change your cookie settings, for example if you want to be notified each time a cookie is about to be used or if you want to reject cookies that you have previously agreed to, you can amend the settings as described above.
 

Except for essential cookies, all cookies will expire (which means they will either be removed or cease operating) after a maximum of two years.

Please also note that we may use pixels in emails that you will receive as a result of signing up with us. Pixels are similar to cookies, and can enable us to, for example, track email opens, if you have images enabled in your email client/mailbox. This is a standard approach for measuring open and click rates, and is used by most email platforms in the market.

All links in emails are proxied through a link redirection service that records data for each link clicked. This leads to the ability to record a set of events which may include:

• Event type (delivery,      bounce, open, click, spam complaint, unsubscribe)
• Email address of the      recipient (which you will have provided)
• IP address of the recipient      (in the case of open and click)
• GEO location based on IP      address (city level) (in the case of open and click)
• Device type (e.g.      mobile/computer/tablet) and browser (e.g. firefox/chrome/safari).

If you do not want this information to be collectable, you should disable and not open images in your email application.

5. How do we collect your personal data?

We collect the majority of personal data directly from you. We may also collect certain information from other users, for example, agents providing details of candidates or users recommending a friend (see paragraph 3 above). Other information about you, eg your previous roles or productions, may be collected from publicly available sources.

Where we collect personal data from you relating to other individuals (such as your staff or, if you are an agent, your candidates whom you represent), it is your responsibility to ensure such individuals are aware of that their details are being disclosed to and processed by us (unless this is not required in accordance with the requirements of GDPR and other relevant legislation).

6. Special category data

We only collect or process special category data where directly relevant or incidental to the provision of our Services, for example where:

• your profile or application      for a job (including text, photos and other images of you) reveals racial      or ethnic origin;
• you have opted to disclose      your membership to an industry union, such as Equity or Spotlight;
• steps taken to monitor or      ensure non-discrimination in the provision of our Services involves the      use of sensitive personal data; and/or
• actions taken to prevent or      detect of illegal activities give rise to the processing of actual or      alleged offences.

7. Use of your personal data by other users

Personal data within your profile, or otherwise submitted by you as content for the Sites, may be accessed by other users in accordance with the Services provided to them. Whilst we seek to ensure all users agree to our terms of service, we are not responsible or liable for the use or misuse of your personal data by other users (including, by way of example, any misuse of a candidate’s personal data by Clients, casting professionals, film-makers or other employers).

However, you may report to us if you experience any misuse of your personal data by any other user or third party in relation to our Sites or Services. We shall, at your expense, reasonably co-operate with you in enforcing our contractual terms against other users who have misused your personal data.

8. Disclosure of your personal data to other third parties

We may disclose your personal data for the purposes outlined at paragraph 2 above to third parties where relevant to such purpose, including:

• our service providers and      professional advisers;
• governmental bodies and law      enforcement authorities;
• any purchaser or (on terms      of confidentiality) likely purchaser of our business; and
• other third parties where      required or permitted by law.

9. Storage and security of your personal data

Your personal data is stored in electronic and physical records maintained by us and/or our service providers. Whilst our offices are located in the UK, our services providers may have servers located in a country within or outside of the European Economic Area, whose laws may not provide the same protection for personal data as within the European Union.

We keep your information for as long as we need to do in order to fulfil the service we offer, or to comply with requests from law enforcement agencies or regulators.

Please note that given the nature of the internet, data transmitted over our Sites or by email is not completely secure from unauthorised access or misuse.

10. Removal of your details from our Sites and Databases

You may request removal of your profile(s) and data from our Sites and databases at any time, though we ask that you put such requests in writing. Please see clause 10.1 of our Terms and Conditions.

11. Access to your details

If you would like to access a copy of any personal data which we hold about you, please contact info@achieveartsagency.co.uk. We will respond within one calendar month and won't charge you to access your information.

12. Queries

We welcome you to contact us if you wish to exercise any of your other rights under GDPR. These include:

• your right to be informed
• your right to access and      correct personal data
• your right to erasure
• your right to data      portability
• your right to object to data      processing
• your rights relating to      automated decision making and profiling

All cases will be reviewed individually, in accordance with this policy, alongside GDPR and other relevant legislation.

If you have any queries in relation to the processing of your personal data by Achieve Arts Agency Ltd, please contact us via email or post at:

ACHIEVE ARTS AGENCY LTD

COMPASS HOUSE BUNWELL ROAD
BESTHORPE
ATTLEBOROUGH
NR17 2NZ

info@achieveartsagency.co.uk