PRIVACY POLICY

 

This site is managed and administered by:

 

Venice A Fulton, of Studio 54, 15 Ingestre Place, London, W1F 0DU (“VAF”).

 

This notice explains our approach to any personal information (also known as “personal data”) that you might supply to us (or that might be collected from you) when you use the Venice A Fulton website (“Site”) or communicate with us and sets out your rights in respect of our processing of your personal information.

 

If you become a client of VAF, we use your personal information for the purpose of representing you and in connection with our obligations under the representation agreement.  The current version of our Client Data Protection Notice is attached at Schedule 1.

 

Updates to our Data Protection & Privacy Notice and our Client Data Protection Notice will be available on this website and we recommend that you review these from time to time.

 

VAF is the data controller for the purposes of data protection legislation, currently The Data Protection Act 1988 (as amended) and the General Data Protection Regulation (“GDPR”).

 

1. PERSONAL DATA

 

Personal data is information about you or that is capable of identifying you. We can receive information that is personal data where:

 

- you provide us with that information

- it is collected about you in the course of your visiting our Site

- third parties may provide us with your information where you have given them consent to do so

 

Where your personal information is completely anonymised, we do not require a legal basis as the information will no longer constitute personal data.

 

2. WHAT PERSONAL DATA DO WE COLLECT?

 

(a)      Voluntary submissions: We collect personal data you voluntarily submit to us in the course of your communications with us and which may include some or all of the following information:

 

- your name

- your CV

- work experience / employment history

- company name

- title

- office location

- e-mail address

- social media contact details / handles

- telephone number

 

We may also receive your personal data if you engage with us via social media and online platforms and would have access to the personal information included within your profile and communications on these sites. In the case of clients the personal data that is collected reflects the more involved nature of our relationship which includes matters such as payment, assessing right to work etc., our Client Data Protection Notice attached has further information.

 

(b) Technical Means:  We also collect technical data when you use our Site through the use of cookies, log files and other technologies. This personal information allows us to deliver more helpful information, services and tools. Please see our cookie policy for further information.  We may also collect personal information regarding your mobile device or the computer hardware and software used to access the Site. This may include the following:

 

- IP address of device used

- browser type

- operating system and device type

- approximate location

- access times and dates

- referring website addresses

 

3. HOW DO WE USE YOUR PERSONAL DATA?

 

Our primary goal in collecting personal data from you is to consider and reply to any submission or communications/requests that you make to us.  In order for us to do this, we require certain types of personal information that is relevant to the reason for your contact. For example, if you are seeking representation or interested in working with us, we will require (amongst other things) your CV or employment history or both.  We will also need your contact information so that we can reply to you.

 

We may also use your personal data to assess and help to improve the user experience for users of our Site.   The personal information that we obtain can also be used to comply with any applicable law, court order, other judicial process, or the requirements of a regulator and may be used as otherwise required or permitted by law.

 

4. OUR LEGAL BASIS FOR PROCESSING YOUR INFORMATION

Where you voluntarily provide your personal data, we process it on the basis of your consent.  You are able to withdraw consent by notifying us at:

 

agents@veniceafulton.com

 

Upon which, we will stop processing your information.

 

As a user of our Site, our legal basis for processing the information that we collect by technical means will be our legitimate interest in providing you with a good user experience and also assessing how visitors use our Site.  This helps us to learn more about the content on our Site which is of interest to users and helps us to keep the Site relevant.

 

We also have a legitimate interest in evaluating the information we collect (or that you submit) and considering and responding to you.

 

If you have or have had a contractual relationship with us we can also process your information for the purposes of complying with our obligations under the contract. Some obligations can continue after you cease being a client, for example in relation to our payment obligations under the contract.

 

We can have more than one legal basis for processing your personal data.

 

5. THIRD PARTY LINKS

 

This privacy notice does not apply to third party websites and any third party service providers accessible through links on our Site.

 

6. ACCESSING YOUR INFORMATION AND YOUR OTHER RIGHTS

 

You have the following rights in relation to the personal information we collect and hold about you when you use this Site or communicate with us. If you have any questions about this privacy notice or want to exercise any of your rights, please e-mail:

 

agents@veniceafulton.com

 

(a) Right of access (“a subject access request”):

 

If you ask us, we’ll confirm whether we’re processing your personal data and, if so, provide you with a copy of that personal data (along with certain other details).  If you want to make a subject access request please ensure that you add “Subject access request” into the subject line of your email. We will respond as soon as possible but no longer than one month after such request is received.  We will not usually charge you an administration fee in relation to any such subject access request unless we feel that the request is unusually complex.

 

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 a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.

 

(b) Right to rectification:  If the personal data we hold about you is inaccurate or incomplete, you’re entitled to have it rectified. If your personal data changes you should tell us, so that we can update our records.

 

(c) Right to erasure:  You can ask us to delete or remove your personal data in some circumstances.

 

(d) Right to object:  You can 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.  You also have the right to object where we are processing your personal data for direct marketing purposes.  We are still able to store your personal data (if we have a lawful reason to do so) even if you exercise your right to object.

 

(e) Right to withdraw consent:  If we rely on your consent (or explicit consent) as our legal basis for processing your personal data, you have the right to withdraw that consent at any time by notifying us at:

 

agents@veniceafulton.com

 

However you should be aware that we may also have another legal ground which allows us to process your personal data (such as where this is necessary for us to comply with our legal obligations).  Please note that we may process your personal data without your knowledge or consent where this is required or permitted by law.

 

(f) Right to data portability:  You can ask us to transfer your personal data to another party in certain circumstances.

 

(g) Right to lodge a complaint with the supervisory authority:  If you have a concern about any aspect of our privacy practices, including the way we’ve handled your personal data, please contact us in the first instance at:

 

agents@veniceafulton.com

 

 

You can also raise complaints with the UK Information Commissioner’s Office (ICO), the statutory regulator.

 

You can find details about how to do this at:

 

https://ico.org.uk/concerns/ or by calling 0303 123 1113.

 

6. CONFIDENTIALITY AND SECURITY OF YOUR PERSONAL INFORMATION

 

We are committed to keeping the personal information you provide to us secure and we will take reasonable precautions to protect it from loss, misuse or alteration.

 

We have implemented information security policies, rules and technical measures to protect the personal information that we have under our control from:

 

- unauthorised access

- improper use or disclosure

- unauthorised modification

- unlawful destruction or accidental loss

 

All our employees and data processors (i.e. those who process your personal information on our behalf, for the purposes listed above) that have access to and are associated with the processing of personal information, are obliged to respect the confidentiality of the personal information that we receive.

 

8. HOW LONG DO WE KEEP PERSONAL INFORMATION FOR?

 

We will store and process your personal information only for as long as is reasonably necessary for us to perform the services / activities we are undertaking and to comply with our legal and statutory obligations.  At all times we will store and process your information in accordance with applicable data protection laws.

 

9. SHARING YOUR INFORMATION WITH THIRD PARTIES

 

We may share your personal information with third parties if we are required to do so in order to comply with our legal and contractual obligations, to protect our legal rights or those of our clients.  We may also share it with service providers who we engage to process personal information in the manner described in this policy and which may including processing where we have a legitimate interest in evaluating the content and user experience of users of the Site.

 

The personal information that we collect from you may be transferred to and stored at a destination outside the European Economic Area including but not limited to the USA.

 

We will take all steps reasonably necessary and available to us to safeguard and ensure that your personal information is treated securely and in accordance with applicable laws and we will only process your personal information in a way that is consistent with this policy and point 4 above, (“OUR LEGAL BASIS FOR PROCESSING YOUR INFORMATION”). 

 

Last updated January 14, 2020

 

Schedule 1

 

CLIENT DATA PROTECTION NOTICE

 

This notice explains our approach to personal data that you supply to us or that we collect from third parties and sets out your rights in respect of our processing of your personal data.  It covers our collection of your personal data 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.

 

Venice A Fulton of Studio 54, 15 Ingestre Place, London, W1F 0DU (“VAF”) is the data controller for the purposes of data protection legislation (The Data Protection Act 1988 (as amended) and the General Data Protection Regulation (“GDPR”)).

 

This means that we are responsible for deciding how we hold and use personal data about you.  If you have any questions about the information contained in this notice, please email us at:

 

agents@veniceafulton.com

 

1. PERSONAL DATA

 

Personal data is information about you or that is capable of identifying you.  We collect the personal data that you provide to us when you make enquires over the phone, by email or in writing, when submitting manuscripts or other content to us by post or email and when you enter into a contract with us to represent you.

 

Most of the personal data we collect, store and use about you will be provided by you:

 

- prior to you engaging us as your agent (e.g. submissions, CVs and references

- as part of and during the agency client engagement process

- 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 that we receive from third parties such as:

 

- information generated about you in fulfilling contractual obligations under the agency client agreement and/or with that third party;

- information about you that is available from public sources (e.g. Spotlight, IMDb, Wikipedia, LinkedIn)

- information included within your profile and communications if you engage with us via social media and third party online platforms

 

2. WHAT PERSONAL DATA DO WE COLLECT?

 

The information that you provide to us will depend of your particular situation but can include:

 

- 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

- information relevant to our agency client engagement / relationship (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

- manuscripts

- contracts

- payment and fee details including any interest in and in 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 individual or companies or both

- 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, skin, hair and eye colour

- information about criminal convictions or offences

 

Some personal data above may also be designated as "special category" which is data that is of more a more sensitive nature 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

 

3. HOW WE USE YOUR PERSONAL DATA

 

We use your personal data primarily for the purpose of representing you and acting as your agent.  There are various components to this relationship and some examples of the type of 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 can overlap and there may be several grounds which justify our use of your personal data.

 

You should also be aware that if you fail to provide certain information when requested, we may not be able to perform the agency client relationship we have entered into with you or we may be prevented from complying with our legal obligations to you (such as paying you or putting you forward for new projects).

 

(a) Our agency client relationship

 

We process your personal data to enable us to take steps at your request prior to entering into an agency client agreement and subsequently in the situations that you request as well as to perform our obligations under our agency-client agreement.  This can include some or all of the following:

 

- to decide whether we take you on as a client

- to determine the terms of our agency client agreement with you

- providing you with updates and reporting to you

- to represent you

- to create a profile on our database(s) 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

- to put you forward for new projects, roles and engagements

- to transfer your profile onto a third-party database(s)

- negotiating the terms of your engagement on new projects with third parties including (but not limited to) commercial terms and working conditions

managing your affairs and servicing contracts

- negotiating 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

- to publicise you and your work on social and online media platforms

- to manage disputes

 

(b) Our legal grounds for processing your personal data

 

In many cases we process your personal data with your consent because it is necessary for us to do in the performance of our obligations under our agency-client agreement.  However, we also process your personal data to comply with our legal obligations (such as but not limited to our obligations under employment law, the Employment Agency Standards and our obligations in relation to tax and immigration law).

 

We also have a data for the purposes of running and developing our agency business and in some cases we process your personal data for this purpose.

 

(c) Change of purpose

 

We will use your personal data for the purposes listed above.  We may also use it for other reasons which are 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.

 

(d) Our use of sensitive personal data and our legal grounds for processing

 

In the case of special category data (designated as such because there is a more significant risk to a person’s rights and freedoms) and personal data relating to criminal convictions and offences, a higher level of protection is given and any collecting, storing and using this type of personal data must be authorised by an additional condition, examples of which are below:

 

- where you give your explicit consent

- where processing is necessary in relation to obligations and rights of the data controller (VAF) or to you in the context of employment, social security and social protection law

- where processing is necessary to protect your vital interests or those of another natural person

- where the personal data we wish to process has manifestly been made public by you

- where processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity

- where processing is necessary for reasons of substantial public interest

- where processing is necessary for the purposes of assessing working capacity or a medical examination is a condition of your engagement on a project

- where processing / disclosure of information related to criminal records (including alleged offences) is required as a condition of your engagement on a project

- where disclosure of data concerning your health to third parties is necessary e.g. for a medical emergency

 

4. ACCESSING YOUR INFORMATION AND YOUR OTHER RIGHTS

 

You have the following rights in relation to the personal data we collect and hold about you.  If you have any questions about this privacy notice or want to exercise any of your rights, please e-mail:

 

agents@veniceafulton.com

 

(a) Right of access (“a subject access request”):  If you ask us, we’ll confirm whether we’re processing your personal data and, if so, provide you with a copy of that personal data (along with certain other details).  If you want to make a subject access request please ensure that you add “Subject access request” into the subject line of your email.

 

We will respond as soon as possible but no longer than one month after such request is received. We will not usually charge you an administration fee in relation to any such subject access request unless we feel that the request is usually difficult.

 

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 a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.

 

(b) Right to rectification:  If the personal data we hold about you is inaccurate or incomplete, you’re entitled to have it rectified.

 

If your personal data changes you should tell us, so that we can update our records.  The contact details for this purpose are in this privacy notice, otherwise please inform your usual point of contact at VAF.

 

(c) Right to erasure: You can ask us to delete or remove your personal data in some circumstances.

(d) Right to object: You can 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.  You also have the right to object where we are processing your personal data for direct marketing purposes.  We are still able to store your personal data (if we have a lawful reason to do so) even if you exercise your right to object.

 

(e) Right to withdraw consent:  If we rely on your consent (or explicit consent) as our legal basis for processing your personal data, you have the right to withdraw that consent at any time by notifying us at:

 

agents@veniceafulton.com

 

However you should be aware that withdrawing your consent may affect our ability to meet our obligations to you.  We may also have another legal ground which allows us to process your personal data (such as where this is necessary for us to comply with our legal obligations).

 

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

 

(f) Right to data portability: You can ask us to transfer your personal data to another party in certain circumstances.

 

(g) Right to lodge a complaint with the supervisory authority:  If you have a concern about any aspect of our privacy practices, including the way we’ve handled your personal data, please contact us in the first instance at:

 

agents@veniceafulton.com

 

You may also raise complaints with the UK Information Commissioner’s Office (ICO) the statutory regulator.  You can find details about how to do this at https://ico.org.uk/concerns/ or by calling 0303 123 1113.

 

5. CONFIDENTIALITY AND SECURITY OF YOUR PERSONAL DATA

 

We are committed to keeping your personal data secure and have put in place appropriate measures to protect it from loss, misuse or alteration.

 

All our employees and data processors (i.e. those who process your personal data on our behalf, for the purposes listed above), which have access to, and are associated with the processing of personal data, are obliged to respect the confidentiality of the personal data and to process it lawfully.

 

We have also 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.

 

6. SHARING YOUR PERSONAL DATA WITH THIRD PARTIES

 

In performing our obligations under our agency-client agreement, such as where we put you forward for new projects or where certain categories of your personal data are required in respect of a project you have been engaged on, it will be necessary to share your personal data (and sometimes, depending on the circumstances also special category personal data) with third parties.  We will require such third parties to respect the security of your data and to treat it in accordance with data protection legislation.

 

We may also share your personal data with third parties where required by law or where we have another legitimate interest in doing so. We will not share or use your personal data in a way you would not expect under the agent-client agreement.

 

7. TRANSFERRING YOUR PERSONAL DATA OUTSIDE THE EU

 

The personal data that we collect from you may be transferred to and stored at a destination outside the European Economic Area including but not limited to the USA.  A common example of where this may occur would be where we need to provide your personal data to a company or organisation outside the EEA as a requisite to you providing your services to that company or organisation.  We will take all steps reasonably necessary and available to us to safeguard and ensure that your personal data is treated securely and in accordance with applicable laws.  Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following transfer solutions are implemented:

 

(a) We will transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries;

 

(b) Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, European Commission: Model contracts for the transfer of personal data to third countries; and

 

© Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

 

A list of the countries outside of the EEA to which we may transfer your personal data is available here.

 

8. HOW LONG DO WE KEEP YOUR PERSONAL DATA FOR?

 

We will store and process your personal data for as long as is reasonably necessary for us to perform the services / activities we perform under our agency-client agreement and to comply with our legal, contractual and statutory obligations.  This means that different types of personal data will be stored for different periods of time.

 

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.

 

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 of the agency we will retain your personal data to discharge our legal, statutory and contractual obligations in accordance with applicable laws and regulations.

 

9. CHANGES TO THIS CLIENT DATA PROTECTION NOTICE

 

We reserve the right to update this Client Data Protection 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.

 

Venice A Fulton

Studio 54

15 Ingestre Place

London

W1F 0DU

 

Tel: +44 (0)7375 064 437

 

agents@veniceafulton.com 

                                                                                                          

 v.3 14 January 2020