What is the purpose of this document?
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Talent Management Limited (trading as Models Direct) (“we”, “us”, “our”) is committed to protecting the privacy and security of your personal information when you make an application to be registered as a model with us, and during the course of your engagement with us as a model. 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 UK General Data Protection Regulation (“UK GDPR”). It applies to all models, both during the application stage (“Applicant Models”), and once a model is registered with us (“Registered Models”). |
We are a “controller” when you make an application to become a model with us, and (if you are successfully registered as a model) in the course of our engagement with you. 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 current and former Registered Models and Applicant Models. This notice does not form part of any contract with you. We may update this notice at any time, but if we do so, we will provide you with an updated copy of this notice as soon as reasonably practicable.
It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information and what your rights are under the UK GDPR and other data protection legislation applicable from time to time.
Data protection principles
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We will comply with data protection legislation. This says that the personal information we hold about you must be: 1. Used lawfully, fairly and in a transparent way. 2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes. 3. Relevant to the purposes we have told you about and limited only to those purposes. 4. Accurate and kept up to date. 5. Kept only as long as necessary for the purposes we have told you about. 6. Kept securely. |
The kind of information we hold about you
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“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). There are certain types of more sensitive personal data which require a higher level of protection, such as information about a person’s health or sexual orientation. Information about criminal convictions also warrant this higher level of protection. |
In relation to Applicant Models, we will collect, store and use the following categories of personal information about you:
If you are successful in your application and become a Registered Model, in addition to the categories of personal information which we have collected at the application stage, we will collect, store, and use the following categories of personal information about you:
Once you are a Registered Model, we may also collect, store and use the following more sensitive types of personal information:
How is your personal information collected?
We collect personal information about Applicant Models through the application and recruitment process, either directly from candidates or sometimes from an agency.
If an Applicant Model is successful in their application and becomes a Registered Model, we will collect additional personal information directly from the Registered Model.
We will also collect additional personal information throughout the period of your engagement with us as a Registered Model.
How we will use information about you
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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 the contract we have entered into with you (for example, your terms of engagement). 2. Where we need to comply with a legal obligation. 3. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. We may also use your personal information in the following situations, which are likely to be rare: 1. Where we need to protect your interests (or someone else's interests). 2. Where it is needed in the public interest. |
Situations in which we will use your personal information
If you are an Applicant Model, we will use the personal information we have collected about you in order to:
It is in our legitimate interests to use the personal information you have provided to us as an Application Model in the manner set out above, in order to decide whether your application has been successful.
If you are successful with your application and become a Registered Model, we will use the personal information we have collected about you primarily to allow us to perform our contract with you and to enable us to comply with legal obligations. In some cases we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below.
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
If you fail to provide personal information
If you fail to provide certain information when requested, we may not be able to properly consider your application (if you are an Applicant Model), or we may not be able to perform the contract we have entered into with you (if you are a Registered Model).
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.
How we use particularly sensitive personal information
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“Special categories” of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We may process special categories of personal information in the following circumstances: 1. In limited circumstances, with your explicit written consent. 2. Where we need to carry out our legal obligations, or exercise certain rights. 3. Where it is needed in the public interest, such as for equal opportunities monitoring. 4. Where it is needed to assess your working capacity on health grounds, subject to appropriate confidentiality safeguards. Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else's interests) and you are not capable of giving your consent, or where you have already made the information public. |
Our obligations as a controller
In general, we will not process particularly sensitive personal information about you unless it is necessary for performing or exercising obligations or rights in connection with your engagement (if you are a Registered Model). On rare occasions, there may be other reasons for processing, such as it is in the public interest to do so.
Do we need your consent?
We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.
We do not need your consent where the purpose of the processing is to protect you or another person from harm or to protect your well-being and if we reasonably believe that you need care and support, are at risk of harm and are unable to protect yourself.
Information about criminal convictions
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We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations. Less commonly, we may use information relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary to protect your interests (or someone else's interests) and you are not capable of giving your consent, or where you have already made the information public. |
We do not envisage that we will hold information about criminal convictions.
Automated decision-making
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Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision-making in the following circumstances: 1. Where we have notified you of the decision and given you 21 days to request a reconsideration. 2. Where it is necessary to perform the contract with you and appropriate measures are in place to safeguard your rights. 3. In limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights. If we make an automated decision on the basis of any particularly sensitive personal information, we must have either your explicit written consent or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard your rights. |
We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.
Data sharing
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Registered Models We may have to share your data with third parties, including third-party service providers and other entities in the group in order to perform our contract with you. We require third parties to respect the security of your data and to treat it in accordance with the law. We may transfer your personal information outside the UK. If we do, you can expect a similar degree of protection in respect of your personal information. Applicant Models We will not share your data with third parties, or with anyone else, subject to where we are obliged to in accordance with the law. We will not transfer any personal information outside of the UK. |
Why might you share my personal information with third parties?
We will share your personal information with third parties where required by law, where it is necessary to administer the relationship with you (if you are a Registered Model) or where we have another legitimate interest in doing so.
Which third-party service providers process my personal information?
“Third parties” includes third-party service providers (including contractors and designated booking agents), any other entities within our group, and clients in relation to an assignment (if you are a Registered Model). The following activities are carried out by third-party service providers: payroll, administration, IT services, photography, programming, marketing and social media.
How secure is my information with third-party service providers?
All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
When might you share my personal information with other entities in the group?
We will share your personal information with other entities in our group as part of our regular reporting activities on company performance, in the context of a business reorganisation or group restructuring exercise, for system maintenance support and hosting of data.
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. In this situation we will, so far as possible, share anonymised data with the other parties before the transaction completes. Once the transaction is completed, we will share your personal data with the other parties if and to the extent required under the terms of the transaction.
We may also need to share your personal information with a regulator or to otherwise comply with the law.
Transferring information outside the UK
If you are a Registered Model, we may transfer the personal information we collect about you to a country outside of the UK if a client based outside of the UK requires you for an assignment.
We will do this in order to perform our contract with you and we will ensure that we take appropriate measures to ensure that your personal information is treated by those third parties in a way that is consistent with and which respects UK law on data protection.
If you require further information about these protective measures, you can request it from our Data Protection Officer, who can be contacted using the following details:
Name: Andrew Simmons
Email: dataprotection@modelsdirect.com
Telephone: 01603 895072
Data security
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We have put in place measures to protect the security of your information. Details of these measures are available upon request from our Data Protection Officer. Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure. |
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information 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.
Data retention
How long will you use my information for?
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Details of retention periods for different aspects of your personal information are available from our Data Protection Officer. 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.
In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer engaged with the company we will retain and securely destroy your personal information in accordance with our data retention register.
Rights of access, correction, erasure, and restriction
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, by law you have the right to:
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 the Data Protection Officer.
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). 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 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 the Data Protection Officer. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
Changes to this privacy notice
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 information.