ECN TALENT LTD Privacy notice

What is the purpose of this document?

ECN TALENT LTD is committed to protecting the privacy and security of your personal information.

This privacy notice describes how we collect and use personal information about you during and after your working relationship with us, in accordance with the UK General Data Protection Regulation (UK GDPR).

It applies to all clients of the agency.

ECN TALENT LTD is a "controller". This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.

This notice applies to current and former clients of the agency. This notice does not form part of your contract with us, or any contract of employment or other contract to provide services. We may update this notice at any time but if we do so, we will provide you with an updated copy of this notice as soon as reasonably practical.

It is important that you read and retain this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using that information and what your rights are under the data protection legislation.

Data protection principles

We will comply with data protection law, which says that the personal information we hold about you must be:

Used lawfully, fairly and in a transparent way.
Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
Relevant to the purposes we have told you about and limited only to those purposes.
Accurate and kept up to date.
Kept only as long as necessary for the purposes we have told you about.
Kept securely.

The kind of information we hold about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the person's identity has been removed (anonymous data).

There are certain types of more sensitive personal data which require a higher level of protection, such as information about a person's health, sexual orientation or criminal convictions.

We will collect, store and use the following categories of personal information about you:

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);
Skills;
Publications;
Filmography;
Credits;
Manuscripts;
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;
Disputes, disciplinary and grievance information relating to projects/employment/work you are or have been involved in with third parties;
Health information including mental health;
Details of your assets and beneficiaries, such as information contained in your will or where you have transferred your beneficial interest in your work or other rights to other individuals and/or companies;
Your marital status, family, lifestyle or social circumstances and other affairs, if relevant to the agency client relationship (for example where we liaise with third parties on your behalf in respect of your reputation or reliability);
Casting information such as headshots, body measurements, and skin, hair and eye colour;

We may also collect, store and use the following more sensitive types of personal information:

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; and
Information about criminal convictions or offences.

How is your personal information collected?

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, client information forms, 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).

How we will use information about you

We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:

Where we need to perform the contract we have entered into with you.
Where we need to comply with a legal obligation.
Where it is necessary for legitimate interests pursued by us or a third party and your interests and fundamental rights do not override those interests.

We may also use your personal information in the following situations, which are likely to be rare:

Where we need to protect your interests (or someone else's interests).
Where it is needed in the public interest or for official purposes.

Situations in which we will use your personal information

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.

(a) 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 to enable us to assess your suitability for new roles and projects; and 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; and
- 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 commission;
Making arrangements for the termination of any agency client relationship;
(b) 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;
(c) 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;
(d) Consent
For some direct marketing.
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.

If you fail to provide personal information

If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as finding engagements for you), or we may be prevented from complying with our legal obligations.

Change of purpose

We will only use your personal information for the purposes for which we collected it, 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 information 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 information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

How we use particularly sensitive personal information

Special categories of particularly sensitive personal information, such as information about your health, racial or ethnic origin, sexual orientation, or trade union membership, require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data. We may process special categories of personal information in the following circumstances:

In limited circumstances, with your explicit written consent.
Where we need to carry out our legal obligations or exercise rights in connection with your engagement.
Where it is needed in the public interest, such as for equal opportunities monitoring.
Where it is necessary to protect you or another person from harm.

Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else's interests) and you are not capable of giving your consent, or where you have already made the information public.

Situations in which we will use your sensitive personal information

In general, we will not process particularly sensitive personal information about you unless it is necessary for performing or exercising obligations or rights in connection with your engagement. On rare occasions, there may be other reasons for processing, such as it is in the public interest to do so. The situations in which we will process your particularly sensitive personal information are listed below.

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 hold and disclose any criminal records information relating to you (including alleged offences) e.g. where disclosure of such information to a third party is a condition of your engagement on a project;
To create an artist/performer profile on our casting database to enable us to assess your suitability for new roles and projects; and 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;

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) If we reasonably believe that you or another person are at risk of harm and the processing is necessary to protect you or them from physical, mental or emotional harm or to protect physical, mental or emotional well-being.

d) The personal data we wish to process has manifestly been made public by you;

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

f) Processing is necessary for reasons of substantial public interest

Do we need your consent?

We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.

We do not need your consent where the purpose of the processing is to protect you or another person from harm or to protect your well-being and if we reasonably believe that you need care and support, are at risk of harm and are unable to protect yourself.

Information about criminal convictions

We may only use information relating to criminal convictions where the law allows us to do so. This is usually where that processing is necessary to carry out our obligations and provided we do so in line with our Data Protection Policy.

We envisage that we will hold information about criminal convictions.

We will only collect information about criminal convictions if it is appropriate given the nature of the role and where we are legally able to do so. Where appropriate, we will collect information about criminal convictions as part of the recruitment process or we may be notified of such information directly by you in the course of you working for us.

Automated decision-making

Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision making in the following circumstances:

Where we have notified you of the decision and given you 21 days to request a reconsideration.
Where it is necessary to perform the contract with you and appropriate measures are in place to safeguard your rights.
In limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights.

If we make an automated decision on the basis of any particularly sensitive personal information, we must have either your explicit written consent or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard your rights.

You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you.

We do not envisage that any decisions will be taken about you using automated means. However, we will notify you in writing if this position changes.

Data sharing

We may have to share your data with third parties, including third-party service providers and other entities in the group.

We require third parties to respect the security of your data and to treat it in accordance with the law.

We may transfer your personal information outside the UK.

If we do, you can expect a similar degree of protection in respect of your personal information.

Why might you share my personal information with third parties?

We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.

Which third-party service providers process my personal information?

Third parties includes third-party service providers (including contractors and designated agents) and other entities within our group. 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.

To enable us to assess your suitability for new roles and projects and so that we can easily forward your profile onto third parties such as casting directors and producers we will create, and/or, add to an artist/performer profile on our casting database. We may place your artist/performer profile on a third-party casting database such as, but not limited to, SPOTLIGHT, CAST IT TALENT, STAGE APP OR CASTING NETWORKS.

In order to market your work abroad we may, after discussion with you, engage a suitable co agent. In this situation, we will seek your consent before providing any of your personal data to the co-agent.

We will not share or use your personal data in a way you would not expect under the agent client agreement.

How secure is my information with third-party service providers and other entities in our group?

All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.

When might you share my personal information with other entities in the group?

We may share your personal information with other entities in our group as part of our regular reporting activities on company performance, in the context of a business reorganisation or group restructuring exercise, for system maintenance support and hosting of data. We may share personal data relating to your participation in any pension arrangements operated by us or any group company with other entities in the group for the purposes of administering the pension schemes.

What about other third parties?

We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business. In this situation we will, so far as possible, share anonymised data with the other parties before the transaction completes. Once the transaction is completed, we will share your personal data with the other parties if and to the extent required under the terms of the transaction.

We may also need to share your personal information with a regulator or to otherwise comply with the law. This may include making returns to HMRC, disclosures to stock exchange regulators and disclosures to shareholders such as directors' remuneration reporting requirements.

Transferring information outside the UK

We may transfer the personal information we collect about you to one or more countries outside the UK. A common example is where we need to provide your personal data to a company or organisation outside the UK as a requisite to you providing your services to that company or organisation.

There may be different, or no, adequacy regulations in respect of those countries. This means that the countries to which we transfer your data may not be deemed to provide an adequate level of protection for your personal information.

However, to ensure that your personal information does receive an adequate level of protection, we will seek and secure your explicit consent for transferring your personal data outside the UK in circumstances where (a) the transfer is not necessary for the client agency agreement (b) the UK has not made an adequacy decision in respect of the country in which the recipient of the

personal data is based (c) the transfer of the personal data is not subject to appropriate safeguards (d) there are no binding corporate rules in place (e) no other derogation is applicable.

Data security

We have put in place measures to protect the security of your information. Details of these measures are available from the DPO.

Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. Additionally, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

Data retention

How long will you use my information for?

We will only retain your personal information for as long as necessary to fulfil the purposes for which we collected it, including for the purposes of our contract with you, and satisfying any legal, accounting or reporting requirements. Details of retention periods for different aspects of your personal information are available in our Data Retention Policy which is available from the DPO.

To determine the appropriate retention period for personal data, we consider:

• The amount, nature and sensitivity of the personal data.

• The potential risk of harm from unauthorised use or disclosure of your personal data.

• The purposes for which we process your personal data and whether we can achieve those purposes through other means.

• The applicable legal requirements.

In some circumstances, we may anonymise your personal information so that it can no longer be associated with you, in which case we may use that information without further notice to you. Once you are no longer a client of the agency, we will retain and securely destroy your personal information in accordance with our Data Retention Policy.

Rights of access, correction, erasure and restriction

Your duty to inform us of changes

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us.

Your rights in connection with personal information

Under certain circumstances, by law you have the right to:

Request access to your personal information (commonly known as a data subject access request). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
Request the transfer of your personal information to another party.

If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact the DPO in writing.

No fee usually required

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

Right to withdraw consent

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact the DPO. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

Data protection officer (DPO)

We have appointed a DPO to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the DPO. You have the right to make a complaint at any time to the Information Commissioner's Office (ICO) with respect to data protection issues.]

Changes to this privacy notice

We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.

If you have any questions about this Privacy Notice, please contact the DPO.