ITG is required under the General Data Protection Regulation 2016 (the “GDPR”) to notify you of how it collects and uses your personal data. This Notice tells you what personal data ITG collects, why ITG needs it, how ITG uses it and what protections ITG has in place to keep your data secure.
“ITG” refers to Independent Talent Group Ltd and Independent Talent Digital Ltd of 40 Whitfield Street London W1T 2RH.
“You” means any individual whose personal data is processed by ITG.
ITG is a “data controller”, which means that ITG is responsible for deciding how to hold and use personal data about you.
What personal data does ITG collect from and about you?
ITG may collect, store, and use the following categories of personal data about you, which will vary in nature depending on the basis of ITG’s relationship with you e.g. as your representative, agent or employer, and the purpose for which ITG uses such data:
● Personal contact details such as name, title, home and work addresses, telephone numbers, email addresses, emergency contact information, including next of kin.
● Personal data about you such as date of birth, gender, nationality and/or citizenship status, race, marital status, health information including mental health, information about criminal convictions or offences, family, lifestyle and social circumstances, if relevant to your relationship with ITG (for example where ITG liaises with third parties on your behalf in respect of your reputation or reliability).
● Personal data which may identify you such as your driving licence, passport, utility bill(s), electronic signatures, photographs, videos, voice, body measurements, skin, hair and eye colour and other personal characteristics.
● Personal data to process any payments ITG may need to make to you such as bank account details, tax status information, National Insurance number, VAT numbers and/or unique tax number, details of any interest in and connection with any intermediary through which your services are supplied, 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.
● Personal data relating to your work such as your calendar, career history including work/engagement/project/employment records, job titles, work history, working hours, holidays, training records and professional memberships, details of the projects/engagements you are or have been involved in, including your filmography and credits, manuscripts, scripts, books, contracts, details of contractual negotiations conducted on your behalf with third parties including payment and fee details, and royalty payments, merchandising, commercial tie-up rights, advertising, intellectual property rights and other information relating to exploitation of your rights, disputes, disciplinary and grievance information relating to projects/employment/work you are or have been involved in with third parties, and details of your other professional advisers.
● Personal data relating to your relationship with ITG such as Terms of Business, copies of right to work documentation, references, samples of work and submissions (in any form including without limitation tapes, images and documents), and information included in a CV or cover letter or as part of the process of applying for a job).
How does ITG obtain your personal data?
Most of the personal data ITG collects, stores and uses about you will be provided directly by you (or third parties authorised on your behalf) including:
● Where you provide ITG with your data during the course of your dealings with ITG and its employees.
● As part of and during the process of your joining ITG as a client or employee.
● Where data is collected from your employees, other companies with whom you may have a relationship such as other agencies, law firms, accountants, companies with whom you work or organisations with whom you have had dealings, government agencies, and information or service providers.
Other information about you may be obtained by ITG from:
● Public sources or social media (e.g. IMDB, Wikipedia, LinkedIn, Spotlight).
● Information generated about you from third parties in fulfilling ITG’s contractual obligations to you.
Why does ITG need to collect and use your personal data?
ITG uses your personal data for a number of reasons, depending on your relationship with ITG e.g. as a client or employee. The situations in which ITG may use your personal data are set out below.
If you are a client, the processing of your personal data will be necessary to fulfil ITG’s obligations to you as your representative including, without limitation, pursuant to ITG’s Terms of Business with you or to enable ITG to take steps to represent you at your request prior to agreeing its Terms of Business, including in the following (non-exhaustive) ways:
● To make a decision about whether ITG takes 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 effectively, including the finding and putting you forward for new projects and engagements.
● To create a profile on the ITG website so that ITG can easily forward your details onto third parties such as casting directors and producers and to transfer your profile onto a third-party database such as Spotlight to find and put you forward for new roles and projects.
● Negotiating the terms of your engagement on 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;
● Intellectual property rights;
● Restrictive covenants;
● Breach of contract provisions and dispute resolutions;
● Publicity obligations.
● To managing your affairs and service your contracts.
● To collect and receive payments on your behalf, to undertake invoicing, to collect and pay VAT and to deduct ITG commissions and to account to you and your professional advisers.
● To make arrangements for the termination of any agency client relationship.
If you are an employee, the processing of your personal data will be necessary to fulfil ITG’s obligations to you as your employer including, without limitation:
● To make a decision about whether ITG takes you on as an employee.
● To determine the terms of your employment.
● To contact you.
● To fulfil its obligations to you as your employer including payment obligations.
In general, irrespective of whether you are a client or an employee of ITG’s or otherwise, ITG may collect your data, for:
● Business management and planning, including communicating with you when you have provided your contact details through ITG’s website.
● Dealing with legal disputes involving you and/or ITG employees.
● Equal opportunities monitoring.
● Updating client or employee records.
● To monitor and keep records of our communications with you and ITG employees.
● For some direct communications mainly for the purpose of promoting projects in which ITG’s clients are involved.
● Accounting and auditing of ITG’s business.
● To comply with any obligations under employment law and/or under the Employment Agency Standards.
Change of purpose
ITG will only use your personal data for those situations listed above, unless ITG reasonably considers that it needs to use it for another reason and that reason is compatible with the original purpose. If ITG needs to use your personal data for an unrelated purpose, you will be notified you and ITG will explain the legal basis which allows it to do so.
What are the legal grounds for processing your personal data?
Under GDPR, ITG must identify a lawful basis for processing of your personal data. That basis may vary according to the nature of the personal data processed, the individual to whom it relates and the nature of the processing. These legal grounds will be relied upon to process your data. Some of the legal grounds for processing will overlap and there may be several grounds, which justify ITG’s use of your personal data. These obligations are:
● Performance of a contract with you, if any. If you are an individual client or employee or other individual with a direct contractual relationship with ITG, ITG is entitled to process the personal data it requires in order to fulfil its obligations to you under such contract.
● The legitimate interests of ITG or a third party. ITG may process your personal data on the lawful basis that it is in its legitimate interests and/or those of a third party to do so. This will primarily apply when ITG provides services to its clients and/or in the effective and management of its business. The proper performance of its role in representing its clients, the effective management of its business and in order to comply with ITG’s legal obligations include:
● Contacting individuals and organisations relevant to ITG’s work and its clients, which may involve the use of your personal data.
● Reviewing correspondence and documents that have been disclosed to ITG, its clients and third parties which may contain your personal data, and disclosing such correspondence and documents to various parties in furtherance of your objectives.
● Instructing third parties on behalf of its clients.
● Engaging suppliers and personnel.
● Ensuring that its systems and premises are secure and running efficiently.
● For regulatory and legislative
● For audit and reporting.
● For general business development purposes.
● For insurance purposes.
● For receiving payments and making payments.
● To allow for all of the above, the secure management and storage of your personal data within its IT and hard copy filing systems.
● Compliance with legal obligations to which ITG is subject. In certain circumstances ITG may be obliged to process your personal data to comply with its legal obligations including, without limitation, processing required for accounting and tax purposes. For detailed information on these legal obligations, please see the Information Commissioner’s website (see below).
Please note that ITG may process your personal data, without your knowledge or consent, where this is required or permitted by law.
Special Category Personal Data
Some of data held by ITG may fall within a so-called “special category” of more sensitive personal data 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.
ITG will obtain your explicit consent to any processing of such data, unless ITG is not required to do so by law. ITG needs to have a further legal ground for collecting, storing and using this type of personal data. ITG 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 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.
Where ITG is processing such data with your consent, you have the right to withdraw such consent at any time.
● 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 ITG wishes 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 does ITG share your personal data with other organisations or individuals?
ITG may have to share your personal data with third parties, including third-party service providers and other entities in the group. ITG requires such third parties to respect the security of your data and to treat it in accordance with GDPR.
A situation where ITG will often provide your personal data to third parties is where it is necessary for the performance of its contractual relationship with you. If you are client, an example of this would be where you are put 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.
So that ITG can easily forward your profile onto third parties such as casting directors and producers you will have a profile created on the ITG website. ITG’s website is hosted by Linode and managed by Influence Digital Ltd. ITG has confirmed that both Linode and Influence Digital are GDPR compliant. ITG may place your name, artist/performer profile on a third-party casting database such as Spotlight.
In order to market your work abroad ITG may, after discussion with you, engage a suitable co-agent or you may decide to be represented by a co-agent. In this situation, ITG will seek your consent before providing any of your personal data to such co-agent.
ITG will not share or use your personal data in a way you would not expect under its contractual relationship with you.
ITG may also share your personal data with third parties where required by law or where ITG has another legitimate interest in doing so.
Transferring your personal data outside the EU
ITG is based in the UK, but sometimes it may be necessary to transfer your personal data outside the EU. A common example is where ITG needs 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.
ITG 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 fulfilment of ITG’s obligations to you under any relevant 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; or (e) no other derogation is applicable.
What if you do not want to share your personal data with ITG?
If you fail to provide certain information when requested, ITG may not be able to honour its obligations to you, whether contractual, legal or otherwise, such as paying you or, if you are a client, putting you forward for new projects.
How does ITG keep your data secure?
ITG has 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, ITG limits 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 ITG’s instructions and they are subject to a duty of confidentiality.
ITG has 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 it is legally required to do so.
For how long does ITG retain your personal data?
ITG will only retain your personal data for as long as necessary to fulfil the purposes for which it was collected, including for the purposes of ITG’s contractual relationship with you and satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, ITG considers 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 ITG processes your personal data and whether ITG can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances ITG may anonymise your personal data so that it can no longer be associated with you, in which case ITG may use such information without further notice to you.
Notwithstanding that you may no longer be a client or employee of ITG, ITG may retain your personal data, but for no more than the time required for the specific purposes for which it is processed by ITG as set out in this Notice or where required by applicable laws and regulations. In such cases, ITG will ensure that such data will continue to be treated in accordance with this Notice.
Website & Cookies
In order to provide functionality to its website, ITG uses the following third party services:
|Amazon Web Services Cloud
||A cloud based storage of media content on Amazon Web Services used for video and audio uploads for showreels
||A third party service for the processing of audio and video input for showreels allowing conversion of uploaded video content to a common format such as mp4
|Google Maps API
||Plots and visualises some data on a map geographically
Your duty to inform ITG of any changes
It is important that the personal data ITG holds about you is accurate and current. Please keep ITG informed if your personal data changes so that ITG can update its records. Please inform your usual contact at ITG, or email email@example.com
Your rights in connection with your personal data
Under certain circumstances, by law you have the right to:
● 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 ITG holds about you and to check that ITG is lawfully processing it.
● Request correction of the personal data that ITG holds about you. This enables you to have any incomplete or inaccurate information ITG holds about you corrected.
● Request erasure of your personal data. This enables you to ask ITG to delete or remove personal data where there is no good reason for ITG continuing to process it. You also have the right to ask ITG to delete or remove your personal data where you have exercised your right to object to processing (see below).
● Object to processing of your personal data where ITG 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 ITG are processing your personal data for direct marketing purposes.
● Request the restriction of processing of your personal data. This enables you to ask ITG to suspend the processing of your personal data, for example if you want ITG to establish its accuracy or the reason for processing it.
● Request the transfer of your personal data 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 ITG transfers a copy of your personal data to another party, please email firstname.lastname@example.org
Usually, you will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, ITG may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, ITG may refuse to comply with the request in such circumstances.
What ITG may need from you
ITG may need to request specific information from you to help 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.
Your right to withdraw consent
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 your usual contact at ITG or email email@example.com. Once ITG has received notification that you have withdrawn your consent, ITG will no longer process your personal data for the purpose or purposes you originally agreed to, unless ITG has another legal ground for doing so in law.
Changes to this privacy notice
ITG reserves the right to update this Privacy Notice at any time. ITG may also notify you in other ways from time to time about the processing of your personal data.
Questions or Complaints
If you have any questions about this Privacy Notice, or you have any concerns or complaints about the way ITG processes your data, please email firstname.lastname@example.org. In any event you have the right to address a complaint to the Information Commissioner, who can be contacted at the following address:
Information Commissioner’s Office
Helpline number 0303 123 1113