Loquacious Media Ltd is committed to protecting the privacy and security of your personal information and we will always treat you and your data with the respect you deserve. This Privacy Notice covers how we collect, use, store and disclose the data that you supply to us and your rights about data that we hold about you. It applies to current and former employees, freelancers, volunteers, interns and contractors and does not form part of any contract of employment or other contract to provide services. For more information please contact the Data Protection officer Camilla Laxton, who will provide you with further information.
Loquacious Media Ltd, of 8 Doncaster Gardens, UB5 4BN, is a “data controller”, which means that we are responsible for deciding how we hold and use personal data about you. We are required under the General Data Protection Regulations 2016 (the “GDPR”) to notify you of the information contained in this Privacy Notice.
The Information We Collect From You
Personal individual information means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
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
- 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
- Publications, 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
- 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, vocal tone/style/accent
We may also collect, store and use “special categories” of more sensitive personal data which require a higher level of protection:
- Information about your health, including any medical condition, health and sickness records (including Occupational Health records)
- Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions. Trade union membership
- Genetic information and biometric data
- Information about criminal convictions and offences
How the Information is Collected
We collect personal information through the application and recruitment process, either directly from candidates or sometimes from an employment agency. We may sometimes collect additional information from third parties including former employers or other background check agencies such as credit reference agencies. We may collect additional personal information in the course of job-related activities throughout the period of you working for us.
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 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/employee 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/freelancer/employee
- Determining the terms of our agency client/freelancer/employee 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, 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 (if applicable) and to deduct our commission
- Making arrangements for the termination of any agency client/freelancer/employee 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/freelancers
- 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
- For some direct marketing
- To comply with our legal obligations Change of purpose
When we will use your personal information
We need all the categories of information identified above primarily to allow us to perform our contract/agreement with you and to enable us to comply with legal obligations. In some cases we may use your personal information to pursue legitimate interests of our own or those of third parties (provided your interests and fundamental rights do not override those interests).
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:
- 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 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, transfer your profile onto a third-party casting database and to find and put you forward for new roles and projects
- 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
- The personal data we wish to process has manifestly been made public by you
- Processing is necessary for the establishment, exercise or defence of legal claims or whenever Courts are acting in their judicial capacity
- 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 and other entities in the group. We require such third parties to respect the security of your data and to treat it in accordance with data protection legislation.
We will typically often provide your personal data to third parties where it is necessary for the performance of the agency client/freelancer/employment 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 an artist/performer profile on our casting database. Our casting database is hosted/provided by Agent Arrange. We may place your artist/performer profile on a third-party casting database if applicable, eg Spotlight.
In order to market your work abroad we may, after discussion with you, engage a suitable co-agent or manager. In this situation, we will seek your consent before providing any of your personal data to the co-agent or manager.
We will not share or use your personal data in a way you would not expect under the agent client agreement.
We may also share your personal data with third parties where required by law or where we have another legitimate interest in doing so.
Transferring Your Personal Data Outside the EU
We are based in the UK, but sometimes we may need to transfer your personal data outside the EU. A common example is where we need to provide your personal data to a company or organisation outside the EU as a requisite to you providing your services to that company or organisation.
We will seek and secure your explicit consent for transferring your personal data outside the EU in circumstances where (a) the transfer is not necessary for the client agency agreement (b) the EU Commission 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 as set out in Article 46 of the GDPR (d) there are no binding corporate rules in place (e) no other derogation is applicable.
Failure to Provide Information
If you fail to provide certain information when requested, we may not be able to perform the agreement/contract we have entered into with you (such as paying you or submitting you for castings), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers).
Your Duty to Inform Us of Changes
It is important that the personal information we hold about you is accurate and current, so please let us know if your information changes.
How We Keep Your Data Secure
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data 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.
For How Long Do We Retain Your Personal Data?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of the agency client agreement and satisfying any legal, accounting, or reporting requirements.
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, and the applicable legal requirements.
In some circumstances we may anonymise your personal data so that it can no longer be associated with you, in which case we may use such information without further notice to you.
Once you are no longer a client/freelancer/employee of the agency we will retain your personal data in accordance with applicable laws and regulations but, in any case, the only personal data we would retain for our own purposes would be limited to name, address, email address, telephone numbers and bank account details to ensure we can continue to make payments to you.
We must store most of your HR data for a period of at least 6 years following the termination of our agreement/contract; some personal financial data will be destroyed after 2 years; Health and Safety information must be held for a minimum of 40 years.
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. Please refer to our DSAR Procedure for more information.
- 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 data, object to the processing of your personal data, or request that we transfer a copy of your personal data to another party, please contact Camilla Laxton, Director of Loquacious Media Ltd, in writing.
No fee usually required. You will not have to pay a fee to access your personal data (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 such 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.
Please contact Camilla Laxton, at firstname.lastname@example.org. Once we have received notification that you have withdrawn your consent, we will no longer process your personal data for the purpose or purposes you originally agreed to, unless we have another legal ground for doing so in law.
Complaints & Questions
If you have any questions about this privacy notice or how we handle your personal information, please contact Camilla Laxton, who is the person responsible for Data Protection in our Company. If we have breached our duty of care, we will take appropriate action. If you are not satisfied by our response you also have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (Email: email@example.com).
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. Should you have any questions about this Privacy Notice, please contact Camilla Laxton, Director, Loquacious Media Ltd, Camilla@loqmedia.com.
5th Sept 2023
Review date: 4th Sept 2024