PRIVACY NOTICE FOR CLIENTS, CONTRACTORS, ADVISORS AND COLLABORATORS
Modest Management Limited of Matrix Complex, 91 Peterborough Road, London SW6 3BU (“we”/“us”/“our”) is committed to protecting and respecting your privacy.
This privacy notice (“Notice”) (together with our terms of business, as separately provided if applicable) sets out the basis on which any personal data will be processed by us. For the purposes of the General Data Protection Regulation (“GDPR”) we shall be the “controller”.
This Notice applies to all personal data relating to the persons and purposes described below, including the artists we manage (“Our Artists”). It does not apply to personal data about our employees, or subscribers to mailing lists or visitors to websites of Our Artists, as this data is held for different purposes and processed in different ways.
WHY WE COLLECT AND PROCESS INFORMATION
All of the personal data we hold is processed for the purpose of managing the career of Our Artists in the music, entertainment, media and other related industries. This may include the development, production, release, marketing, licensing or sales of Our Artists’ creative works. It may also include all aspects of arranging concerts, tours, interviews, media placements or endorsements for Our Artists. We may also process data of Our Artists, and anyone else to whom we provide services, for our purposes relating to the billing and accounting for our services.
Information relating to Our Artists, or the persons that we engage, is processed for the performance of a contract between us and that person. Information relating to other parties is processed for the purposes of the legitimate interest of Our Artist to carry out their career in the music, entertainment, media and other related industries, our legitimate interest in managing said career on behalf of Our Artist, and the legitimate interest of any third parties working with Our Artist on relevant projects or matters.
We do not use personal data as part of any automated decision-making, including profiling, which produces legal or similarly significant effects.
WHO WE COLLECT INFORMATION ABOUT
In the course of carrying out the purposes above we may receive information about Our Artists, the performers or other creatives that they work with and Our Artists personal assistants, lawyers, accountants and other professional advisors. We may receive information about people that we engage, either directly or indirectly, to carry out elements of the work for us, including tour managers, and tour crew. We collect and process this data primarily via email correspondence which may be with the person the data relates to, or may be with someone who works with them or acts on their behalf. Where a third party provides us with information about a person who we would not, in the ordinary course of our activities, have contact with, it is the responsibility of that third party to provide the relevant information contained in this Notice to each such person.
WHAT INFORMATION WE HOLD
In most cases we will hold only your name and contact details, and details of any projects or matters relating to Our Artists that you may be involved in. Where we engage you to provide services we may also hold your national insurance number and tax reference (if self-employed). Where we need to make international travel arrangements on your behalf, which may include health insurance and visa applications, we may also receive and process your full name, gender, date of birth, town of birth, passport number, issue date of passport, expiry date of passport, issuing government of passport, profession, home address and next of kin. In the course of carrying out the purposes above other information about you may be generated or provided to us, including visa status, tax status and the venues and times of Our Artist’s performances.
On rare occasions we may hold special categories of personal data, such as your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership (e.g. Musicians’ Union membership), data concerning health, or data concerning your sex life or sexual orientation. We do not require the provision of this information and you are free to not provide it to us. If you do provide it to us please ensure that you provide explicit consent to our use of the data, setting out any limitations on the use of the data that you wish to impose.
WHO WE MAY SHARE THE INFORMATION WITH
In the course of carrying out the purposes above, we may share your data with record companies, publishers and other organisations that manage, or may prospectively manage the intellectual property rights of Our Artists. We may also share your data with personal assistants, lawyers, accountants or other professional advisors who are engaged on the project or matter in which you are involved. Where we need to make international travel arrangements on your behalf we may share the data with booking agents, promoters, venue owners, visa agencies (including government agencies), lawyers, accountants, border agencies, travel agents, HMRC, tour managers, and other similar persons. Each person listed in this paragraph then acts as controller of the data while it is in their possession. Information is shared with these parties only in order to facilitate the purposes explained above, and only such data as is necessary for the purpose is shared.
Where tours or concerts take place in countries outside of the EU, we will normally transfer data to those countries. Where this occurs Our Artist’s data is processed because it is necessary for the performance of a contract between Our Artist and us. That contract is also in the interest of other persons whose data is transferred, as it provides for their engagement or employment and our arranging of their participation in the overseas tours and concerts is in their interests. Their data is processed on this basis.
We may also disclose your personal information to third parties if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, and other agreements; or to protect our rights, property, or safety, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
We may disclose your personal information in the event that we sell or buy any business or assets, or if we or substantially all of our assets are acquired by a third party, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets, on the basis of their and our legitimate interest in negotiating and completing such transaction and their legitimate interests in continuing the business as purchased.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
WHERE AND HOW WE STORE YOUR INFORMATION
Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. For example, we use our own secure servers to store all information you provide to us.
We share the information we hold with suppliers of IT systems and services for the purpose of ensuring the correct operation, or enhancing the operation of IT systems, or to ensure the safety and security of personal data. Our partners store and access your data only within the European Union. The data we collect from or about you may also be processed by staff operating outside the EU who work for us. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Notice.
HOW LONG WE HOLD YOUR INFORMATION FOR
- If the data is necessary for the performance of a contract, we will retain it while performance under that contract remains active, and for a period thereafter in which that data may still be relevant to dispute resolution, enforcement of rights under the contract, accountancy purposes or where additional connected contracts are likely to arise.
- In certain cases we may be legally obliged to hold data for a certain period of time, or to delete the data at a certain time, including in accordance with the exercise of your rights as data subject as explained in this Notice.
We will not use your personal data for direct marketing purposes unless you have provided your consent to us, or to a third party via which we have received the data. You have the right to ask us not to process your personal data for these purposes.
The GDPR provides you with rights to:
- request from us confirmation of whether or not your personal data is being processed and where that is the case, confirmation of the information set out in this Notice;
- request from us a copy of your data that is undergoing processing, including, in relation to data provided to us by you, and which is processed by automatic means pursuant to a contract with you, or pursuant to your consent, a right to request that data in a structured, commonly used and machine readable format;
- request that we rectify or complete your personal data, where it is inaccurate or incomplete for the purposes of our processing of the data;
- request that we erase your personal data in the following circumstances:
- the personal data is no longer necessary in relation to the purposes for which it is processed;
- you withdraw consent and there is no other legal ground for the processing;
- you successfully object to the processing pursuant to your right of objection explained below;
- the personal data has been unlawfully processed;
- the erasure is necessary for compliance with a relevant legal obligation that applies to us;
- request that we restrict the processing of your personal data in the following circumstances:
- you contest the accuracy of the personal data, for a period enabling us to verify the same;
- the processing is unlawful, but you request restriction rather than erasure;
- we no longer need the data, but it is required by you in respect of legal claims;
- you have objected to the processing, until such that that we verify that there are legitimate purposes that justify such processing;
- object to any processing that is based on our, or a third party’s legitimate interests, upon which event we shall suspend processing until we demonstrate legitimate purposes that justify that processing. We may at all times continue to use data for the purpose of establishment, exercise or defence of legal claims;
- withdraw your consent for future processing (where the processing is based on that consent);
- lodge a complaint with the Information Commissioner’s Office, which is the data protection supervisory authority in the UK.
We will comply with any valid request for information under the rights explained above within one month, though we may tell you that this period is to be extended by a further two months where necessary, taking into account the complexity and number of the requests. This will normally be provided free of charge. If the request is manifestly unfounded, excessive or repetitive we may charge a reasonable fee or refuse to action the request.
The provision of personal data to us is not a statutory requirement. The provision of data is a condition of entering into a contract with us, and we cannot carry out our obligations under our contracts with clients without the necessary data.
CHANGES TO OUR PRIVACY NOTICE
Any changes we may make to our Privacy Notice in the future will be notified to you by e-mail and will apply from the date of such notice.
Questions, comments and requests regarding this Privacy Notice are welcomed and should be addressed to our Privacy Manager at firstname.lastname@example.org