About this Notice

This notice (“Privacy Notice”) explains how Claire Hoath Management Limited (“CHML”, “we”, “us” and “our”) uses personal information that can be used to identify you (your “Data”), which we collect through your use of the website http://www.clairehoathmanagement.com (“Website”).

We are committed to protecting the confidentiality of your Data and complying with applicable data protection laws. This Privacy Notice is intended to be clear and easy to understand, but please contact us using the details at section 2 if you have any queries or wish to object to us processing your Data.

You should not submit your Data to us if you do not agree with our use of your Data as set out in this Privacy Notice. However, if you do not submit your Data, or if you wish to exercise your rights to prevent us using your Data, we may not be able to do business with you.

We may make changes to this Privacy Notice from time to time, including where necessary to reflect any changes in the ways in which we process your Data or any changes to data protection laws. Any updates to this Privacy Notice will be posted on our Website.  

Contents

• WHO WE ARE

• CONTACTING US

• WHAT DATA WE COLLECT

• HOW WE USE YOUR DATA 

• HOW WE SHARE YOUR DATA

• HOW LONG WE KEEP YOUR DATA FOR

• SECURITY

• YOUR LEGAL RIGHTS

• WHO WE ARE

We are Claire Hoath Management Limited, a company registered in England and Wales under company number 09445810, with its registered office at 27 Mortimer Street, London, United Kingdom, W1T 3BL. We are known as Claire Hoath Management and operate a talent management agency for actors and performers in the film, television, theatre and wider entertainment industries.

This Privacy Notice applies to how we use your Data in connection with your use of the Website.

Data protection laws apply to our use of your Data and we are a ‘data controller’ for the purposes of these laws.

• CONTACTING US

If you have any questions or complaints regarding this Privacy Notice or how we use your Data, please contact us at:

• WHAT DATA WE COLLECT

• Data you provide

We collect Data from you directly when you:

1. access, use or interact with our Website;
2. make any enquiry or submit an online form using our Website; and
3. provide us with reviews or feedback.

The Data may include the following categories of information:

• Data we collect from other sources

We may also collect Identity Data, Contact Data, Company Data and Correspondence Data from publicly available sources such as LinkedIn or company websites, or from an organisation that is associated with you and provides such Data in the course of doing business with us.

• Sensitive Data

In limited circumstances, the Data we collect about you may include details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data and data relating to criminal convictions and offences (including terrorist offences and fraudulent activity (“Sensitive Data”). Except where we need to process your Sensitive Data to comply with a legal obligation, we will only process this kind of Data where you have chosen to provide us with it and on the basis of your explicit consent. 

• Failing to provide Data

Where we need to collect your Data by law, or under the terms of an agreement we have with you, and you fail to provide that Data when requested (or fail to consent to the processing of that Data, if necessary), we may not be able to do business with you and/or such failure may result in a breach of the contractual obligations between us. We will notify you at the time if this is the case.

• Changes to your Data

It is important that the Data we hold about you is accurate and current. Please let us know if your Data changes or if you become aware that any Data that we hold about you is not accurate.

• HOW WE USE YOUR DATA

• General Uses

The Data we collect and how we process it depends on the nature of our relationship with you. We will only use your Data where we are allowed to by law, including the requirement that there must be a ‘lawful basis’ for any processing.

Most commonly, we will rely on the following lawful bases to process your Data:

• Contract: in order to perform an agreement we have with you, or to do something you have asked us to do before entering into an agreement with you;
• Legal Obligation: to comply with an applicable law or regulation; 
• Legitimate Interests: for the purposes of legitimate interests pursued by us or a third party. Where we rely on legitimate interests as the lawful basis, we will ensure that your interests and fundamental rights and freedoms are not overridden by our interests; and/or
• Consent: we may also process your Data where we have your consent. You have the right to withdraw your consent at any time and if you wish to do so, you should contact us using the details at section 2. The withdrawal of consent does not affect the lawfulness of processing based on consent before withdrawal or the lawfulness of processing based on other lawful grounds.

• Specific purposes and lawful basis

We have set out in the table below the legal basis on which we process your Data including, where relevant, a description of the applicable legitimate interests we rely on. Please note that we may process your Data for more than one lawful basis depending on the specific purpose for which we are using your Data. 

• Changes to how we use your Data

We will only use your Data 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 Data for an unrelated purpose, we will notify you (which may be by way of update to this Privacy Notice) and explain the legal basis which allows us to do so.

• Children’s Data

• Please do not complete the online form on the Website and do not give us personal data unless you have the parental or legal right, authority and consent to do so. 
• In the event that you are submitting an online form on behalf of a child, you agree that this means you must be the parent or legal guardian of such child. Further, you therefore approve and consent to the processing of the personal data you provide to us regarding such child.

• HOW WE SHARE YOUR DATA 

• Who we share your Data with

We will not share any of your Data with third parties except as set out in this section or as otherwise notified to you or agreed between us from time to time. We may share your Data with:

• third-party service providers who we engage to provide services that facilitate our business, for example, in relation to our IT and cloud-based systems. In all cases, such parties are required to keep your Data confidential and secure and use it solely for the purpose of providing the specified services to us;
• our legal counsel and other professional advisers including accountants and auditors;
• in the event that our business or any part of it is sold or integrated with another business, with our advisers and those of the prospective purchaser; and/or
• with law enforcement agencies and other government departments or competent authorities where required to do so by law or regulation (such as in connection with an investigation of fraud or other legal enquiry) or in connection with other legal proceedings (including where we believe that your actions violate applicable laws or any agreement with us), or if we reasonably consider that this is necessary to help prevent or detect fraud or other crimes or to protect our rights, property, or safety, or that of our clients or others.

• International transfers 

From time to time, it may be necessary for us to transfer your Data internationally. In particular, your Data may be processed on the servers of third parties identified above that are based outside of the UK or EEA.

If you are based in the UK or EEA (or your Data is otherwise subject to the data protection laws of either of these jurisdictions), we will not transfer your Data outside of the UK or EEA (as applicable) unless: 

• the laws of that country provide your Data with a level of protection equivalent to that under UK/EEA law (known as an ‘adequacy decision’). A list of countries that have received an adequacy decision from the UK government is available here and includes countries within the EEA and various other jurisdictions (in some cases subject to certain requirements); or 
• the transfer is done using legally approved safeguards, such as standard contractual clauses or binding corporate rules, or otherwise in accordance with data protection laws (e.g., where you have consented to the transfer or the transfer is necessary for the performance of a contract we have with you).

• HOW LONG WE KEEP YOUR DATA FOR

As a minimum, we need to store your Data for as long as is necessary to enable us to fulfil the purpose for which we collected it. Once the relevant purpose is complete, we may continue to retain your Data in accordance with our retention policies, copies of which are available on request.

When determining the relevant retention periods, we will take into account factors including:

• our business relationship with you;
• our legal obligations to retain certain records for specified periods of time;
• the statute of limitations and any existing or potential disputes between us; and
•  guidelines issued by relevant supervisory authorities.

• SECURITY

• Security measures

We use appropriate technical and organisational security measures to help protect your Data against loss and unauthorised access, which include procedures to deal with any actual or suspected data breaches. We will notify you of any such breaches where we are legally required to do so. 

• Links to third party websites

Our Website may link or redirect to other websites, social media accounts or other content which is not under our control. Unless otherwise stated, such links or redirections are not endorsements of such website or representation of our affiliation with them in any way and such third-party websites are outside the scope of this Privacy Notice. 

If you access such third-party websites or platforms, please ensure that you are satisfied with their respective privacy notices before you provide them with any Data. We cannot be held responsible for the activities, privacy policies or levels of privacy compliance of any website or platform operated by any third party.

• YOUR LEGAL RIGHTS 

You may have various rights under data protection laws in relation to the Data we hold about you.

• Your rights in connection with your Data

Under certain circumstances, you may be entitled to: 

• object to us processing your Data where we do so on the basis of a Legitimate Interest and you believe your own rights and interests outweigh those interests;
• request access to a copy of the Data we hold about you (commonly known as a “data subject access request”) to enable you to check that we are processing it lawfully;
• request correction of any inaccurate or incomplete Data we hold about you;
• request erasure of your Data;
• request a restriction of the ways in which we process your Data;
• request the transfer of your Data to another party in a machine-readable, commonly used and structured format. This right only applies where we process your Data on the basis of Consent or Contract and the processing is carried out by automated means.

For further information, or to exercise any particular right, please contact us using the details at section 2. 

Please note that in most cases these rights are not absolute and are subject to exceptions or qualifications under data protection laws. For example, even if you request that we delete your Data, we may be required to retain certain elements of it for accounting and record keeping purposes or to comply with our legal and regulatory obligations.

We will aim to respond to your request within one month of receipt. In some cases, we may require more time to respond to your request and we will notify you about this at the time.

• What we need from you

We may need you to provide us with further information to help us process your request and/or to confirm your identity to protect against your Data being incorrectly disclosed. We will not be able to fulfil your request until you provide us with this information.

• Fees

You will not have to pay a fee to exercise your rights. However, if your request is clearly unfounded or excessive or if you request multiple copies of the information, then we may charge a reasonable fee or refuse to comply with the request.

• Complaints

Please contact us using the details at section 2 if you are unhappy with how we have handled your Data.

If you are not satisfied with our response to your complaint or believe that we have not complied with data protection laws, you can make a complaint at any time to the Information Commissioner’s Office (https://ico.org.uk/global/contact-us/).

DETAILS OF CHANGES TO THIS PRIVACY NOTICE

• Who we are  

We are Claire Hoath Management Limited (“CHML”, “we”, “us”, “our”), a company incorporated in England and Wales under company number 09445810 with our registered office at 27 Mortimer Street, London, United Kingdom, W1T 3BL.

• How to contact us 

If you have any questions regarding CHML, our Services or Website, or our business more generally, please contact us by emailing us at enquiries@clairehoathmanagement.com.

• Commencement

1. 1. 1. These Terms of Use set forth the legally binding terms governing your use of the website http://www.clairehoathmanagement.com (“Website”). The term “Agreement” shall mean these Terms of Use and any accompanying documents which incorporate this Agreement by reference.
      2. By using the Website, contacting us via our Website and/or completing an Online Form (as defined below), you acknowledge that you have read, understood, accept and agree to be bound by the terms and conditions of this Agreement. If you do not agree to these Terms of Use, then you should not access or use our Website.
      3. This Agreement is subject to occasional revision, for example, in order to ensure that we remain compliant with applicable laws or to reflect any changes we make to our Website, Services or otherwise. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. Your continued use of our Website and/or Services from the date of change will be deemed your acceptance of the amended Terms of Use.

• Our services

1. 1. 1. CHML is a talent management agency providing management services for, amongst other things, actors and performers in the film, television, theatre and the wider entertainment industries (“Services”). 
      2. Individuals and/or entities may access our Services by contacting CHML and completing an online form in order to submit an enquiry regarding our current roster of talent or if you are interested in being represented by us or if you are responding to a career opportunity at CHML (“Online Form”). Any agreement for the provision of our Services shall be subject to a separate written agreement.
      3. You warrant that all information and details provided by you on the Online Form are true, accurate and up to date. You are liable for any inaccuracies, negligent misrepresentations or negligent misstatements contained in the Online Form.

• Website

1. 1. 1. Subject to the terms of this Agreement, CHML grants you a revocable, non-transferable, non-exclusive licence to use the Website. 
      2. If you provide feedback, suggestions or testimonials regarding the Website or Services (“Feedback”) to CHML, whether through an Order Form or otherwise, you hereby assign and agree to assign upon request by CHML all rights in the Feedback and agree that CHML shall have the right to use such Feedback and related information in any manner it reasonably deems appropriate.

• Acceptable use policy

1. 1. 1. You agree not to use the Website in any way that i) would violate any third party rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual or proprietary right; ii) is unlawful, abusive, tortious, threatening, harmful, obscene or otherwise objectionable; iii) is in violation of any laws or obligations or restrictions imposed by any third party; or iv) would or could cause a material risk to the security or operations of CHML, the Website or any third party.
      2. You shall not attempt to duplicate, modify, disclose or distribute any portion of the Website; or attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form any of the Website, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties.

• Confidentiality

You shall, unless with our express consent or as required by relevant legislation or a governing authority with jurisdiction, keep confidential all information (excluding marketing material) relating to or contemplated by this Agreement, and any other confidential or proprietary information which one party may become aware about the other party, except to the extent that such information has become public knowledge, otherwise than in breach of this Agreement.

• Disclaimer of warranties

The Website is provided on and ‘as is’ basis, and CHML makes no express or implied warranty concerning the Website, whether in whole or in part, and CHML expressly disclaims any implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose with respect thereto. Without limiting the generality of the foregoing, there is no guarantee that the Website will meet your requirements, be error free or provided without interruption.

• Limitation of liability

1. 1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
   2. We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it. Access to, and the use of the Website are at your own risk and discretion, and you will be solely responsible for loss or damage arising therefrom.
   3. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
      1. use of, or inability to use, our Website; or
      2. use of or reliance on any content displayed on our Website;

even if we have been advised or are otherwise aware of the possibility of such damages.

1. In particular, we will not be liable for:
   1. loss of profits, sales, business, or revenue;
   2. business interruption;
   3. loss of anticipated savings;
   4. loss of business opportunity, goodwill or reputation; or
   5. any indirect or consequential loss or damage.
2. In any event, our total liability to you for any damages out of or in relation to this Agreement (however caused or alleged) will at all times be limited to £1,000 irrespective of the existence of multiple claims.

• Indemnity

You agree to indemnify and hold CHML (and its officers, employees and agents) harmless against any third-party damages, claims, actions, proceedings, costs and expenses arising directly from your breach of any term of this Agreement or applicable law.

• Non-infringement

You represent and warrant that you own or have all necessary rights, licences or permits in respect of any material you submit to CHML and that the same materials do not and will not infringe, breach, violate or misappropriate any applicable law, rule or regulation or any patent, copyright, trade secret or other intellectual property interest of any other party.

• Privacy and cookies

This Agreement is subject to, and incorporates the provisions of, CHML’s Privacy Notice (available here) and Cookie Policy (available here) 

• Assignment

You may not assign any of your rights or obligations under this Agreement to any other person without the prior written consent of CHML. We may assign its rights or obligations to associated companies or to any person or entity who may acquire the whole or any part of our business or assets.

• Term and termination 

This Agreement shall commence upon you using the Website. CHML may terminate your access to the Website If you breach any of these Terms of Use, including the acceptable use policy at paragraph 6.  

• Third party rights

This Agreement shall be for the benefit of and binding upon both you and CHML and our respective successors and assigns. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999.

• Complaints and disputes

If for any reason a conflict or dispute arises between us in relation to your use of the Website, CHML will endeavour to resolve these informally. If such resolution is not possible and you wish to make a formal complaint, this should be made in writing on a timely basis addressed at first instance to office@clairehoathmanagement.com. Your formal complaint will then be investigated internally.

• Entire Agreement

This Agreement, including any document which incorporates this Agreement by reference constitutes the entire agreement between the parties relating to the use of the Website and supersedes all previous oral or written communications, proposals and agreements in respect thereof. This Agreement may not be modified without the express written consent of both parties.

• Governing law

This Agreement shall be subject to English law and the parties hereby submit to the exclusive jurisdiction of the English courts.

This Cookie Policy explains what cookies are and how we use them, the types of cookies we use (i.e., the information we collect using cookies and how that information is used), and how to manage theyour cookie settings.

What are cookies?
Cookies are small text files that are used to store small pieces of information. They are stored on your device when the website is loaded on your browser. These cookies help us make the website function properly, make it more secure, provide better user experience, and understand how the website performs and to analyse what works and where it needs improvement.
How do we use cookies?

Our website uses first-party and third-party cookies for several purposes.

First-party cookies are mostly necessary for the website to function the right way, and they do not collect any of your personally identifiable data.

The third-party cookies used on our website are mainly for understanding how the website performs, how you interact with our website, keeping our services secure, providing advertisements that are relevant to you, and all in all providing you with a better and improved user experience and help speed up your future interactions with our website.

Cookies we use

You can view the details, expiry dates, and purposes of the cookies in operation on this website in the consent preferences centre by clicking the cookie icon in the bottom left-hand corner of the page.

This site will use essential cookies and may use other non-essential types of cookies as described  below, subject to your consent. 

1. Functional: Functional cookies help perform certain functionalities like sharing the content of the website on social media platforms, collecting feedback, and other third-party features.
2. Analytics: Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics such as the number of visitors, bounce rate, traffic source, etc.
3. Performance: Performance cookies are used to understand and analyse the key performance indexes of the website which helps in delivering a better user experience for the visitors.
4. Advertisement: Advertisement cookies are used to provide visitors with customized advertisements based on the pages you visited previously and to analyse the effectiveness of the ad campaigns.

How to manage cookie preferences

You can change your cookie preferences any time by clicking the cookie icon in the bottom left-hand corner of the page. This will let you revisit the cookie consent banner and change your preferences or withdraw your consent to non-essential cookies right away.

In addition to this, different browsers provide different methods to block and delete cookies used by websites. You can change the settings of your browser to block/delete the cookies. Listed below are the links to the support documents on how to manage and delete cookies from the major web browsers.

• Chrome: https://support.google.com/accounts/answer/32050
• Safari: https://support.apple.com/en-in/guide/safari/sfri11471/mac
• Firefox: https://support.mozilla.org/en-US/kb/clear-cookies-and-site-data-firefox?  redirectslug=delete-cookies-remove-info-websites-stored&redirectlocale=en-US 
• Internet Explorer: https://support.microsoft.com/en-us/topic/how-to-delete-cookie-files-ininternet-explorer-bca9446f-d873-78de-77ba-d42645fa52fc

If you are using any other web browser, please visit your browser’s official support documents.