OCTOBER STUDIOS PRIVACY NOTICE
What is the purpose of this document?
OCTOBER STUDIOS are committed to protecting the privacy and security of your personal information.
This privacy notice describes how we collect and use personal information about you during and after your working relationship with us, in accordance with the General Data Protection Regulation (GDPR).
It applies to talent involved in both private and commercial photo shoots unless specified otherwise in this notice.
The Company is a "data controller". This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.
This notice applies to talent working with the Company or whose data the Company obtains from any of its counterparts (see below in the sections on sharing your personal data). This notice does not form part of the contract pursuant to which you provide services to the Company or otherwise. We may update this notice at any time but if we do so, we will provide an updated copy of this notice as soon as reasonably practical.
It is important that you read and retain this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you.
Data protection principles
We will comply with data protection law and its principles. This means that we will process data lawfully, fairly and transparently. We will only use it for permitted purposes, keep it accurate and up to date and not process it for longer than we are entitled to. Your data will be secure. Where appropriate (for example, if we process your data for journalistic or artistic purposes), we may rely on statutory exemptions from data protection principles.
The kind of information we hold about you
Personal data, or personal 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 may collect, store, and use the following categories of personal information about you, including:
-Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses
-Your photographic image or images
-Bank account details and tax status information. If you visit our offices, CCTV footage
How is your personal information collected?
We collect personal information from you, and/or your representative, such as an agent or a producer, as well as from publicly available sources. We may sometimes collect additional information from third parties including former employers, credit reference agencies or other background check agencies.
We will collect additional personal information in the course of job-related activities throughout the period of you working for us.
How we will use information about you
We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
1.Where we need to perform a contract we have entered into with you, or to perform a contract we have entered into with a third party in connection with your photo shoots.
2.Where we need to comply with a legal obligation.
3.Where it is necessary for our legitimate interests, such as to grow, develop and protect our business provided that your interests and fundamental rights do not override those legitimate interests.
As a photography agency, we will predominantly use your personal data for the purpose of publication of journalistic, artistic, literary or academic material (unless your data is provided for the purpose of a private commission). We will store all photographs, related metadata and information in an archive.
If you fail to provide personal information
If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying you), or we may be prevented from complying with our legal obligations.
Change of purpose
We will only use your personal information for the purposes for which we collected it, 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 information 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 information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
We may have to share your data with third parties, including third-party service providers and other entities.
We require third parties to respect the security of your data and to treat it in accordance with the law.
If we do, you can expect a similar degree of protection in respect of your personal information.
We may also share your personal information with third parties where required by law.
Which third-party service providers process my personal information?
"Third parties" includes third-party service providers (including contractors and designated agents) and other entities within and outside of our Company. Word Press, Premiere Pro, DaVinci Resolve, Photoshop, Capture One stores digital copies of images together with details about the photographic subject, including the names of clients or talent.
How secure is my information with third-party service providers and other affiliates of our Company?
All our third-party service providers and other affiliates of the Company are required to take appropriate security measures to protect your personal information in line with our policies. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
What about other third parties?
We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business.
We may also need to share your personal information with a regulator or to otherwise comply with the law.
Transferring information outside the EU
If we transfer the personal information, we collect about you outside of the European Economic Area (for example, to MATE) we do so ensuring adequate protections are in place.
We have put in place measures to protect the security of your information. Details of these measures are available upon request.
We have put in place procedures to deal with any suspected data security breach and, when required by law, will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
How long will you use my information for?
We will retain your personal information indefinitely for our legitimate purposes of on-going licensing of any photographs in which you may be depicted (if permitted under your contract with us), and to satisfy our legal, accounting, or reporting requirements.
Your duty to inform us of changes
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us.
Your rights in connection with personal information
Under certain circumstances, and subject to our statutory rights, 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.
-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.
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact us directly in writing.
No fee usually required
You will not have to pay a fee to access your personal information (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).
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. To withdraw your consent, please contact us directly.
Changes to this privacy notice
We reserve the right to update this privacy notice at any time, and we will provide 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.
If you have any questions about this privacy notice, please contact us directly by email at firstname.lastname@example.org.
UPDATED DECEMBER 2019