This Privacy Notice describes how we 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.
MacFarlane Chard Associates of 113 Kingsway, London WC2B 6PP is a “data controller”. This means that we are responsible for deciding how we hold and use personal data about you. We are required under the General Data Protection Regulation 2016 (the “GDPR”) to notify you of the information contained in this Privacy Notice.
We will collect, store, and use the following categories of personal data about you:
Some of the personal data above may also fall within “special categories” of more sensitive personal data such as:
Some of the personal data above may also fall within personal data relating to criminal convictions and offences.
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:
We may also use and store personal data about you from:
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.
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.
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:
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.
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 MacFarlane Chard Associates Limited and Tagmin. We may place your artist/performer profile on a third-party casting database [such as Spotlight].
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.
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 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.
If you fail to provide certain information when requested, we may not be able to perform the agency client agreement 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).
You should tell us, so we can update our records. The contact details for this purpose are in this Privacy Notice, otherwise please inform your usual contact at MacFarlane Chard Associates Limited.
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.
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.
Once you are no longer a client of the agency we will retain your personal data in accordance with our data retention policy.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your client relationship with us.
Your rights in connection with your personal data
Under certain circumstances, by law you have the right to:
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 the Company Secretary 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.
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal data 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 Company Secretary. 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.
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, please contact the Company Secretary on firstname.lastname@example.org