PRIVACY NOTICE
This Privacy Notice describes how we, MARKHAM FROGGATT & IRWIN LIMITED, collect and use personal data about you prior to you being a client of the agency, during the agent client relationship and once the relationship has ended. This notice does not form part of our agent client agreement with you. For the purposes of the Data Protection Act 2018 (or any other applicable data protection legislation) (the “DPA”) our parent company Original Talent Limited (“Original Talent”) is the “data controller” in respect of personal data about you and so is responsible for deciding how we hold and use personal data about you. In this privacy policy “Group Company” means us, Original Talent, our subsidiaries or holding companies from time to time and any subsidiary of any holding company from time to time (as subsidiary and holding company are defined in s.1159 Companies Act 2006)
1. What kinds of personal data about you do we process?
We may in the course of our services (and when you contact us to enquire about our services) collect, store, and use the following categories of personal data about you:
| Contact Details: | E.g. Name, title, addresses, telephone numbers, personal email addresses, next of kin, emergency contact information. Your marital status, family, or relationship status, if relevant to the agency client relationship (for example where we liaise with third parties on your behalf). |
| Financial/Invoicing/Payment Details: | Bank account details, tax status information. National insurance number. Payment and fee details including any interest in and connection with any intermediary through which your services are supplied. Royalty payments. 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. |
| Identity Details: | Copies of driving licence and passport, date of birth, gender, age, your nationality, citizenship status. |
| Health and Physical details: | Health information including mental health. Casting information such as headshots, body measurements, and skin, hair and eye colour. |
| Engagements: | Contracts. Details of contractual negotiations conducted on your behalf with third parties. |
| Your Work, Work History, and Credits: | Publications. Your calendar and schedule. Filmography. Manuscripts. Credits. Career history including work/engagement/project/employment records, project details, job titles, work history, working hours, holidays, training records and professional memberships. 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. |
| Agency Client Engagement Information: | 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. |
| Promotional Material: | Photographs. |
| Criminal Offences: | Information about criminal convictions or offences. |
Some of the personal data above may also fall within “special categories” of more sensitive personal data. Some of the personal data above may also fall within personal data relating to criminal convictions and offences.
2. 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 agent (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 receive information about you from our Group Companies if you have received services from any of them. We also work closely with various third parties in our sector (including, for example, production companies, publishers, film studios, broadcasters and theatres) and may receive information about you from them.
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).
3. 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.
| GROUNDS | EXAMPLES |
| 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. Representing you. Finding and putting you forward for new projects and engagements. Reporting to you. Creating an artist profile for you and putting you/such material forward for projects. Negotiating the terms of your engagements on new projects with third parties. Managing your affairs and servicing contracts. Negotiating your intellectual property rights. Collecting and receiving payments on your behalf, undertaking invoicing, collecting and paying VAT and deducting our commissions. Making payments. Liaising with your other professional advisers. 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. Updating client records, monitoring and keeping records of our communications with you and our staff. Internal record management. For market research and analysis and developing statistics. Improving our services. |
| To comply with our legal obligations: | Accounting and auditing of our business. Complying with tax and/or other relevant authorities and regulators. Equal opportunities monitoring. To comply with any obligations under employment law and/or under the Employment Agency Standards. |
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.
4. 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 may process special categories of personal data in the following circumstances:
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- With your explicit consent (e.g. disclosure of your health records or a medical examination is a condition of your engagement on a project; disclosure of criminal records is a condition of your engagement on a project)
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- Processing is necessary to protect your vital interests or those of another natural person
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- The personal data we wish to process has manifestly been made public by you
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- Processing is necessary for the establishment, exercise or defence of legal claims
5. When do we share your personal data with other organisations or individuals?
In order to provide our services we may have to share your personal data with third parties, including third-party service providers and other Group Companies. 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. We may use your personal data to help promote you and/or your work, and this may involve sharing your personal data with third parties, and use of their database storage facilities (e.g. industry databases such as IMDb). If you require further details about the identity of third parties, please ask your agent.
We may also share your personal data with third parties where required by law or where we have another legitimate interest in doing so.
6. Transferring your personal data outside the EEA
We are based in the UK, but sometimes we may need to transfer your personal data outside the EEA. A common example is where we need to provide your personal data to a company or organisation outside the EEA (such as to the US, e.g. to a US publisher, film studio, production company or theatre) as a requisite to you providing your services to that company or organisation. If any such transfers involve the transfer of your personal data to any jurisdiction which is not deemed to offer equivalent protection to your personal data as provided for under the DPA, we will ensure that such transfers of your personal data will be carried out in full compliance with the DPA.
7. What should you do if your personal data changes. Your duty to inform us of any changes
If any of your details change, please tell us, so we can update our records. The best way to do this is to inform your agent or your usual contact with us. It is important that the personal data we hold about you is accurate and current. Please keep us informed if any of your details change during your client relationship with us.
8. How do 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 and an obligation to process in accordance with applicable law. We have put in place procedures to deal with any suspected data security breach.
9. 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. Details of retention periods for different aspects of your personal data are available upon request. 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, whether we can achieve those purposes through other means, and the applicable legal requirements. Once you are no longer a client of the agency we will retain your personal data as required to make any ongoing payments to you in respect of contracts we procured for you, and thereafter in accordance with our data retention policy and as required by applicable laws and regulations.
10. Your rights in connection with your personal data
You have the right to:
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- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you.
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- Request correction of the personal data that we hold about you.
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- Request the transfer of your personal data to another party.
Under certain circumstances, by law you have the right to:
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- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it.
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- Object to processing of your personal data 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.
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- Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data, for example if you want us to establish its accuracy or the reason for processing it.
If you wish to use these rights please contact your agent or your usual contact with us or write to [email protected], and in relation to subject access requests please submit requests by clicking here. Please note that by using these rights you may restrict our ability to provide client representation services. If this is the case we will notify you. If you believe that we have not complied with our obligations under UK data protection laws, please let us know. You also have the right to lodge a complaint with the ICO.
11. What if you don’t want to share your personal data with us? Your right to withdraw consent
If you fail to provide certain information when requested, we may not be able to perform our client representation services or we may be prevented from complying with our legal obligations to you (such as paying you or putting you forward for new projects). In the limited circumstances where we rely solely on your consent in order to collect, process and/or transfer your personal data, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact your agent or your usual contact with us or write to [email protected]. Once we have received notification that you have withdrawn your consent, we will no longer process your personal data for such purpose you originally agreed to, unless we have another legal ground for doing so in law.
12. 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 data.
If you have any questions about this Privacy Notice or how we use your personal data, please contact your agent or usual contact with us or write to [email protected].