THE KIND OF INFORMATION WE HOLD ABOUT YOU
The information we hold about you may include the following:
• personal details (such as your name, address, contact details, date of birth and nationality) and video footage or pictures obtained from you, others or taken by us as we consider necessary to provide our services. We may from time to time also receive and hold data of a sensitive nature, including that relating to your racial/ethnic origin or health (perhaps where this might be relevant for a future project), which falls within the ‘special categories’ of data. We try to limit the circumstances in which we collect sensitive personal data of this kind;
• details of contact we have had with you in relation to the provision, or the proposed provision, of our services;
• details of any services you have received from us;
• our correspondence and communications with you, including some internal notes of meetings and conversations; or
PERSONAL DATA, IMAGES AND INTELLECTUAL PROPERTY
Whilst videos and photographs of individuals may be deemed to include personal data in the form of images under GDPR, given (i) the creative and artistic nature of the work undertaken by JCHV, (ii) as images of individuals are readily available online, and (iii) as the individuals are willingly participating in any shoot for personal benefit (whether for financial reward or promotional reasons), to the extent possible under GDPR and/or other relevant legislation, participants consent to JCHV using images of themselves in video recordings and/or photographs, including those captured at an organised photoshoot. Participants also irrevocably assign all property rights in their image, voice and performance to JCHV, waive their rights to any claims in respect of whatever use JCHV may make of this, waive all moral rights, and accept that all content will be copyright of JCHV, with all intellectual property also belonging to JCHV. Participants agree that content (including their images) may be used by JCHV for marketing and publicity related purposes, including through websites and social media. Where any images are deemed to be personal data and consent is withdrawn later, participants accept that (subject to any other lawful basis of processing overriding their request) JCHV will make efforts not to use such images in future, but these may continue to appear in publications already in circulation. The content of any videos or photographs taken and/or produced by JCHV featuring unidentified individuals may not otherwise be considered personal data such that any related restrictions (including in relation to ownership and ongoing use) or obligations under GDPR may not apply.
HOW WE MAY COLLECT YOUR PERSONAL DATA
We obtain what may be considered personal data in situations such as where:
• you request a proposal from us in respect of the services we provide;
• you, your employer, your agent or other professional engage us to provide our services and also during the provision of those services;
• you contact us by email, telephone or post (for example when you have a query about our services) or you meet with us;
• you provide us with photographs or video in the hope that we may contact you at some point to discuss opportunities; or
• we may also obtain your personal date indirectly, for example, from third parties and/or publicly available resources including social media.
HOW WE USE PERSONAL DATA WE HOLD ABOUT YOU
We may process your personal data for purposes we consider necessary for the performance of our contract with you, your employer or our clients and to comply with our legal obligations. This may include providing information to other professionals (eg photographer, editor etc) involved in the services we are or may be providing.
We may process your personal data for the purposes of our own legitimate interests, having regard to your legitimate interests, rights and freedoms which require the protection of personal data. This includes processing for marketing (for example telling you about specific areas or services that we think might be of interest to you) or business development purposes.
Please note that we may process your personal data for more than one lawful basis depending on the specific purpose for which we are using your data.
Situations in which we will use your personal data
We may use your personal data in order to:
• carry out our obligations arising from any agreements entered into by us with you, your employer or our clients (which will most usually be for the provision of our services in the form of videos or photographs);
• promote or illustrate our services on our website, on social media or similar in the form of videos or photographs;
• retain videos and photographs in case suitable opportunities arise to offer you work, for example, in the case of a model;
• provide you with information related to our services and our events or seek your thoughts and opinions on the services we provide; and
• notify you about our services.
When considering reference to personal data above, attention is drawn to the section above headed ‘Personal data, Images and intellectual property’.
In some circumstances we may anonymise or pseudonymise the personal data so that it can no longer be associated with you, in which case we may use it without further notice to you.
We may also process your personal data without your knowledge or consent, in accordance with this policy, where we are legally required or permitted to do so.
Data retention and continued use
We keep your data only for as long as we need it. How long we need data depends on what we are using it for, whether that is to provide services to you, for our own legitimate interests or so that we can comply with the law. In particular, we may retain and use videos and photographs to illustrate past work or to promote our services.
We and our clients may have a legitimate interest to continue to use and process personal data even if an individual has withdrawn their consent for us to do so including where, for example, there is a genuine business interest in continuing to process and use the personal data.
In considering whether or not it is proportionate and legitimate for us to continue using videos or photographs which contain imagery of an identifiable individual we will take into account such factors as: where it is being displayed, who is the main subject, does it indicate that the individual has a link or association which no longer applies, what is the likely impact on the individual if continuing to use, and what is the likely impact on us if stopping using.
Change of purpose
Where we need to use your personal data for a reason other than the purpose for which we originally collected it, we will only use your personal data where that reason is compatible with the original purpose.
We may share your personal data with third parties where it is necessary for us to provide the services agreed, where we are required by law, regulatory and professional obligations, or where we have another legitimate interest in doing so.
We only authorise our third-party service providers to process your personal data for specified purposes and in accordance with our instructions.
We have put in place commercially reasonable and appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.
We cannot guarantee the security of any information that you transmit to us, and you do so at your own risk. We may forward any personal data transmitted to us in the same format as received, including responding to/forwarding any email from you that contains personal data.
If you would like us to take specific security measures in relation to the provision of any personal data at any time, please advise us in writing.
RIGHTS OF ACCESS, CORRECTION, ERASURE AND RESTRICTION
Your rights in connection with personal data
Under certain circumstances, by law you have a number of rights including to:
• request access to your personal data. This enables you to receive details of the personal data we hold about you and to check that we are processing it lawfully.
• request correction of the personal data that we hold about you.
• 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. You also have the right to ask us to delete or remove your personal data where you have exercised your right to object to processing.
• 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 basis. 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 data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.
When considering reference to personal data above, attention is drawn to the section above headed ‘Personal data, Images and Intellectual Property’.
Please also refer to the section above headed ‘Data retention and continued use’ where we explain reasons why your personal data, in particular in the form of videos or photographs, may be retained and used even if the subject withdraws their consent. In considering any request to correct, erase or restrict processing/use of personal data, we may consider the different types of personal data that we hold separately, for example, final video footage, raw un-edited video footage and general personal details.
If you want to exercise any of the above rights, please email our data protection point of contact firstname.lastname@example.org or write to us.
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 for the administration costs of complying with the request if we consider your request for access is manifestly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
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.
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 (for example, in relation to direct marketing or modelling opportunities that you have indicated you would like to receive from us), you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please email our data protection point of contact email@example.com or write to us.
Once we have received notification that you have withdrawn your consent, we will no longer process your personal information (personal data) for the purpose or purposes originally agreed to, unless we have another legitimate basis for doing so.
CHANGES TO THIS NOTICE
If you have any questions regarding this notice or if you would like to speak to us about the manner in which we process your personal data, please email our Data Protection Point of Contact at firstname.lastname@example.org or write to us.
You also have the right to make a complaint to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues, at any time. The ICO’s contact details are as follows:
Information Commissioner's Office
Telephone - 0303 123 1113 (local rate) or 01625 545 745
Website - https://ico.org.uk/concerns