IMG Artists Terms and Conditions of Website Use, Privacy and Data Policies

Privacy Policy and Cookie Policy

25th November, 2019

  1. Introduction

This is our privacy policy. It tells you how we collect and process data received from you whether on our site (‘the site’) or whether you are an artist, contractor, supplier, consultant, distributor or any other party contracting with us and working with us off-line. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

If you have any comments on this privacy policy, please email them to marketinglondon@imgartists.com

  1. Who We Are

Here are the details that the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data, known as General Data Protection Regulation (GDPR) says we have to give you as a ‘data controller’:

  • Our site address www.imgartists.com
  • Our company name is IMG Artists (UK) Ltd
  • Our registered address is Capital Tower, 91 Waterloo Road, London SE1 8RT, UK
  • Our nominated representative is Rebecca Farrell, General Manager, IMG Artists (UK) Ltd and they can be contacted at bfarrell@imgartists.com
  • com operated by IMG Artists (UK) Limited, a UK Limited company registered in England under company number 04851157.
  • Our regulator is: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF, United Kingdom
  1. What we may collect

We may collect and process the following data about you:

  • Information you put into forms or surveys whether supplied via our site at any time (including our mailing list sign up) or supplied off-line
  • A record of any correspondence between us whether via our site or off-line.
  • Details of transactions you carry out through our site or transactions you carry out with us or for us or at our request offline
  • Details of your visits to our site and the resources you use
  • Information about your computer (e.g. your IP address, browser, operating system, etc.) for system administration and to report aggregate information to our advertisers

Under GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies:

  1. a) you have given consent to the processing of your personal data for one or more specific purposes;
  2. b) processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract;
  3. c) processing is necessary for compliance with a legal obligation to which we are subject;
  4. d) processing is necessary to protect the vital interests of you or of another natural person;
  5. e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or
  6. f) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party such as our credit card payment processing, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
  7. Cookies

All Cookies used by and on our site are used in accordance with current English and EU Cookie Law.

The site uses cookies or similar technology to collect information about your access to the site. Cookies are pieces of information that include a unique reference code that a website transfers to your device to store and sometimes track information about you.

A few of the cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are used to remember you when you return to the site and will last for longer.

All cookies used on our site are set by us.

Most computer and some mobile web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can prevent the setting of cookies by adjusting the settings on your browser. Please note however, that by blocking or deleting cookies you may not be able to take full advantage of the site.

Our cookies may be used for:

Essential session management

  • creating a specific log-in session for a user of the site in order that the site remembers that a user is logged in and that their page requests are delivered in an effective, secure and consistent manner;
  • recognising when a user of the site has visited before allowing us to identify the number of unique users we receive to the site and make sure we have enough capacity for the number of users that we get;
  • recognising if a visitor to the site is registered with us in any way;
  • we may also log information from your computer including the existence of cookies, your IP address and information about your browser program in order to allow us to diagnose problems, administer and track your usage of our site.

Functionality

  • customising elements of the promotional layout and/or content of the pages of the site.

Performance and measurement

  • collecting statistical information about how our users use the site so that we can improve the site and learn which parts are most popular to users.]
  1. If you sign up to our mailing list: How we use what we collect

We may use information about you to:

  • Present site content effectively to you.
  • Provide information, products and services that you request, or (with your consent) which we think may interest you.
  • Carry out our contracts with you.
  • Allow you to use our interactive services if you want to.
  • Tell you our charges.
  • If you are already our customer, tell you about other goods and services that might interest you. We will only let other people do this if we have your prior consent.

If you don’t want to be contacted for marketing purposes, please tick the relevant box that you will find on screen.

Please note: We don’t identify individuals to advertisers or suppliers, but we may give them anonymized, aggregate information to help them reach their target audience, and we may use information we have collected to display advertisements to that audience.

In addition, if you don’t want us to use your personal data for any of the other reasons set out in this section in 5, you can let us know at any time by contacting us at marketinglondon@imgartists.com and we will delete your data from our systems. However, you acknowledge this will limit our ability to provide the best possible [products and] services to you.

In some cases, the collection of personal data may be a statutory or contractual requirement, and we will be limited in the [products and] services we can provide you if you don’t provide your personal data in these cases.

  1. Where we store your data

We may transfer your collected data to storage outside the European Economic Area (EEA). It may be processed outside the EEA to fulfil your order and deal with payment.

By giving us your personal data, you agree to this arrangement. We will do what we reasonably can to keep your data secure.

Payment will be encrypted. If we give you a password, you must keep it confidential. Please don’t share it. Although we try to provide protection, we cannot guarantee complete security for your data, and you take the risk that any sending of that data turns out to be not secure despite our efforts.

We only keep your personal data for as long as we need to in order to use it as described above in section 5, and/or for as long as we have your permission to keep it. In any event, we will conduct an [annual] review to ascertain whether we need to keep your personal data. Your personal data will be deleted if we no longer need it.

  1. Disclosing your information

We are allowed to disclose your information in the following cases:

  • If we want to sell our business, or our company, we can disclose it to the potential buyer.
  • We can disclose it to other businesses in our group.
  • We can disclose it if we have a legal obligation to do so, or in order to protect other people’s property, safety or rights.
  • We can exchange information with others to protect against fraud or credit risks.

We may contract with third parties to supply services to you on our behalf. These may include payment processing, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. These are the third parties that have access to your information:

M G M Networks Services Ltd (IT); Curious Ferrett Ltd (Database); Enticott Music Management Ltd, Jennifer Spencer Consultancy, Nicholas Mathias Ltd, Bridge Arts Management Ltd, Film Concerts Live (a Joint Venture with The Gorfaine/Schwartz Agency) (Joint Venture Partners)

Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under GDPR and the law.

  1. Your rights

You can ask us not to use your data for marketing. You can do this by ticking the relevant boxes on our forms, or by contacting us at any time at: IMG Artists, Capital Tower, 91 Waterloo Road, London SE1 8RT, UK or by email at marketinglondon@imgartists.com.

Under the GDPR, you have the right to:

  • request access to, deletion of or correction of, your personal data held by us at no cost to you;
  • request that your personal data be transferred to another person (data portability);
  • be informed of what data processing is taking place;
  • restrict processing;
  • to object to processing of your personal data; and
  • complain to a supervisory authority.

You also have rights with respect to automated decision-making and profiling as set out in section 11 below.

To enforce any of the foregoing rights or if you have any other questions about our site or this Privacy Policy, please contact us at marketinglondon@imgartists.com.

  1. Links to other sites

Please note that our terms and conditions and our policies will not apply to other websites that you get to via a link from our site. We have no control over how your data is collected, stored or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.

  • Changes

If we change our Privacy Policy, we will post the changes on this page. If we decide to, we may also email you.

  • Automated Decision-Making and Profiling

11.1 In the event that we use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on you, you have the right to challenge to such decisions under GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from us.

11.2 The right described in section 11.1 does not apply in the following circumstances:

  1. a) the decision is necessary for the entry into, or performance of, a contract between the you and us;
  2. b) the decision is authorised by law; or
  3. c) you have given your explicit consent.

11.3 Where we use your personal data for profiling purposes, the following shall apply:

  1. a) Clear information explaining the profiling will be provided, including its significance and the likely consequences;
  2. b) Appropriate mathematical or statistical procedures will be used;
  3. c) Technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and
  4. d) All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.

12.Dispute Resolution

12.1 The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Privacy Policy or any breach of it.

12.2 If any such dispute cannot be settled amicably through ordinary negotiations between the parties, or either or both is or are unwilling to engage in this process, either party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.

12.3 If the parties are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, any party may within 14 days of the date of knowledge of either event apply to LawBite to appoint a mediator under the LawBite Mediation Procedure.

12.4 Within 14 days of the appointment of the mediator (either by mutual agreement of the parties or by LawBite in accordance with their mediation procedure), the parties will meet with the mediator to agree the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator.

12.5 All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the parties in any further proceedings.

12.6 If the parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both parties, shall be final and binding on them.

12.7 If the parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the parties) of the mediator being appointed, or if either party withdraws from the mediation procedure, then either party may exercise any right to seek a remedy through arbitration by an arbitrator to be appointed by LawBite under the Rules of the LawBite Arbitration Scheme.

12.8 Any dispute shall not affect the parties’ ongoing obligations under this Privacy Policy.

DATA PROCESSING PROVISIONS

  1. For the purpose of Data Processing the parties agree that the following provisions shall apply as between (i) IMG Artists and (ii) each contractor, supplier, consultant, distributor or any other party (collectively ‘Contractors’) contracting with IMG Artists (‘an IMG Artists Contract’). In so far as required, each party agrees that it will comply with all applicable requirements of the Data Protection Legislation. This Schedule is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.

 

  1. The parties acknowledge that for the purposes of the Data Protection Legislation, the Contractor is the data controller and IMG Artists is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).

 

  1. Without prejudice to the generality of clause 1 of this Schedule, the Contractor will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to IMG Artists for the duration and purposes of the IMG Artists Contract.

 

  1. Without prejudice to the generality of clause 1 of this Schedule, IMG Artists warrants and undertakes that it shall, in relation to any Personal Data processed in connection with the performance by IMG Artists of its obligations under the IMG Artists Contract:
    1. process that Personal Data only on the instructions of the Contractor unless IMG Artists is required by the laws of any member of the European Union or by the laws of the European Union applicable to IMG Artists to process Personal Data (Applicable Laws). Where IMG Artists is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, IMG Artists shall promptly notify the Contractor of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit IMG Artists from so notifying the Contractor;
    2. ensure that it has in place appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
  • ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential;
  1. not transfer any Personal Data outside of the European Economic Area unless the prior written consent of the Contractor has been obtained and the following conditions are fulfilled:
    1. the Contractor or IMG Artists has provided appropriate safeguards in relation to the transfer;
    2. the data subject has enforceable rights and effective legal remedies;
    3. IMG Artists complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
    4. IMG Artists complies with reasonable instructions notified to it in advance by the Contractor with respect to the processing of the Personal Data;
  2. assist the Contractor, at the Contractor’s cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
  3. notify the Contractor without undue delay on becoming aware of a Personal Data breach;
  • at the written direction of the Contractor, delete or return Personal Data and copies thereof to the Contractor on termination of the IMG Artists Contract unless required by Applicable Law to store the Personal Data; and
  • maintain complete and accurate records and information to demonstrate its compliance with this Schedule 3 (and allow for audits by the Contractor or the Contractor’s designated auditor).
  1. The Contractor consents to IMG Artists appointing the current third-party processors of Personal Data, including IT, legal and financial processors, and any other additional third-party processors appointed by IMG Artists from time to time, provided that IMG Artists will give to the Contractor a prior written [30] days’ notice to advise of any such additional third-party processors and the Contractor does not object to the appointment of any such additional third-party processors during the [30] days’ notice period. [Should the Contractor object in writing to any such additional third-party processors being appointed by IMG Artists, it will have the right to terminate the IMG Artists Contract upon giving IMG Artists at least 30 days’ prior written notice, which shall be the Contractor’s sole and exclusive remedy if the Contractor objects to any new third-party processor.] IMG Artists confirms that it has entered or (as the case may be) will enter with each of the third-party processors into a written agreement substantially on that third party’s standard terms of business incorporating terms which are substantially similar to those set out in these provisions. As between the Contractor and IMG Artists, IMG Artists shall remain fully liable for all acts or omissions of any third-party processor appointed by it pursuant to these provisions.
  2. The parties may by mutual agreement revise these provisions by replacing it with any applicable controller to processor standard clauses or similar terms forming party of an applicable certification scheme.
  3. The Contractor agrees to indemnify and keep indemnified IMG Artists and defend it at its own expense against all costs, claims, damages or expenses incurred by IMG Artists or for which IMG Artists may become liable due to any failure by the Contractor or its employees or agents, if any, to comply with any of the Contractor’s obligations under these provisions.
  4. The Contractor shall own all right, title and interest in and to all of the Personal Data that it passes to IMG Artists under the IMG Artists Contract and this Schedule, and shall have sole responsibility for its legality, reliability, integrity, accuracy and quality.
  5. IMG Artists may only process personal data on behalf of the Contractor within the scope and purpose of providing IMG Artists Services under the IMG Artists Contract with the Contractor.
  6. The duration of the processing activities shall be for as long as it is necessary for IMG Artists to comply with its Services under the IMG Artists Contract, and shall cease upon any termination or expiry of the IMG Artists Contract.
  7. Categories of data subjects include the following: artists, presenters, promoters, media partners, tour partners, financial and government organisations, and other categories as may be necessary for the provision of IMG Artists Services under the IMG Artists Contract.

Types of Personal Data include names, surnames, email and other contact information, and other types as may be necessary for the provision of IMG Artists Services under the IMG Artists Contract .

 

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