TERMS AND CONDITIONS

SOULENDVR. LTD: TERMS AND CONDITIONS FOR ARTISTS

The following are the terms and conditions (hereinafter called the “TERMS”) between you, as an Artist, and SoulEndvr. LTD, in relation to finding opportunities for you to work as a Supporting Artist for Production Companies. These Terms govern your relationship with SoulEndvr. LTD  and will apply in respect of each Assignment.

By registering with SoulEndvr. as your agent (and subsequently upon your acceptance of any assignment) you are deemed to have accepted these Terms.

SoulEndvr. LTD may vary these Terms (including the rates payable hereunder) from time to time and you shall be notified separately of any such variations.

 1 These Terms

1.1 These Terms set out the entire agreement between SoulEndvr. LTD and the Artist. These Terms in no way imply or establish the relationship of an employer and employee, a partnership or joint venture between SoulEndvr. LTD and the Artist or the Artist and any Production Company.

The Artist hereby confirms that Artist is self-employed and acknowledges that Artist shall be solely responsible for accounting and settling in full any income or other tax liabilities or VAT liabilities on income received and deriving from the Artist’s work as a Supporting Artist.

1.2 For the purposes of the Conduct of Employment Agencies and Employment Business Regulations 2003 (SI 2003/3319), in its capacity as Artist’s agent, SoulEndvr. LTD acts as an employment agency which seeks to find opportunities for the Artist to work as a Supporting Artist in films, television programmes, commercials, session and recording and composition and any such other productions as may be appropriate.

2 SOULENDVR. LTD AGENCY SERVICES

2.1 Artist hereby appoints SoulEndvr. LTD as the Artist’s agent to represent the Artist and Artist agrees for SoulEndvr. LTD to source and negotiate opportunities for the Artist as a Supporting Artist for Production Companies.

2.2 The Artist authorises SoulEndvr. LTD in its capacity as agent to negotiate and agree pay rates on the Artist’s behalf.  If there is any dispute as to payments the Artist irrevocably authorises SoulEndvr. LTD to negotiate and agree variations (at its sole discretion) to amounts payable to the Artist.

2.3 The Artist authorises SoulEndvr. LTD, as the Artist’s agent, to arrange for all payments of fees due to the Artist from the Production Company to be paid to SoulEndvr. LTD on the Artist’s behalf.

2.4 In its capacity as agent SoulEndvr. LTD will negotiate on the Artist’s behalf all contracts with Production Companies and the terms of such contract shall always be subject to the Artist’s prior written approval.  Unless the Artist and SoulEndvr. LTD, agree otherwise in writing, the Artist’s signature or the signature of authorised persons on the Artist’s behalf will be required for any such agreement and SoulEndvr. LTD will not execute or sign any agreement or grant of rights relating to the Works unless expressly directed or authorised by the Artist to sign on behalf of the Artist.

3 ASSIGNMENTS

3.1 As the Artist’s agent, SoulEndvr. LTD will endeavour to find suitable Assignments for the Artist to perform work as a Supporting Artist on films, television programmes, commercials and such other productions as may be appropriate. SoulEndvr. LTD is not obliged to offer an Assignment to the Artist and the Artist shall not be obliged to accept any Assignment offered by SoulEndvr. LTD

3.2 The Artist acknowledges that the nature of temporary work as a Supporting Artist means that there may be periods when no suitable work is available. The Artist agrees that suitability of an Assignment shall be determined solely by SoulEndvr. LTD in its capacity as agent and that SoulEndvr. LTD shall incur no liability to the Artist should it fail to offer any work.

4 FEES AND COMMISSION

4.1 SoulEndvr. LTD’s commission rates vary (although the standard 10% – 20% is usually negotiated on top of the artists’ fee where applicable). Where a role is secured for an artist by SoulEndvr and results in a lump sum payment due to either syndication for an extended period, or will result in residual earnings SoulEndvr reserve the right to retain an additional 5% (up to 25%) of the amount paid for the role. SoulEndvr in its capacity as agent for Artist on Artists’ earnings (in respect of which VAT shall also apply) shall be notified to the Artist separately.

4.2 To the extent that any additional fees or charges apply, these shall be notified to the Artist separately.

4.3 Commission and any fees or charges shall be deducted from any sums owed by SoulEndvr. LTD to the Artist where necessary and may be varied by SoulEndvr. LTD from time to time, although the standard 10% – 20% is usually negotiated on top of the artists’ fee.

5 ARTIST’S OBLIGATIONS

5.1 If the Artist does accept an Assignment negotiated by SoulEndvr. LTD in its capacity as agent for the Artist, the Artist shall:

(a) whilst on set (and at all other material times) behave in a professional manner.

(b) co-operate with the Production Company’s reasonable instructions and accept the direction, supervision and control of any responsible person in the Production Company’s organisation;

(c) observe any relevant rules and regulations of the Production Company’s organisation (including call times and hours of work) of which the Artist has been informed or should be reasonably aware;

(d) cooperate with SoulEndvr. LTD in the completion and renewal of all mandatory checks, including in relation to the Artist’s right to work in the United Kingdom;

(e) provide SoulEndvr. LTD with copies of any relevant qualifications or authorisations including an up-to-date DBS certificate; if within the period between obtaining the Basic Certificates the SA is convicted of an offence under the Sexual Offences Act 2003, the Agent must be informed of this by the SA;

(f) take all reasonable steps to safeguard their own health and safety and that of any other person who may be present or be affected by their actions on the Assignment and comply with the health and safety policies of the Production Company;

(g) not engage in any conduct detrimental to the interests of SoulEndvr. LTD or the Production Company;

(h) comply with all relevant statutes, laws, regulations and codes of practice from time to time in force in the performance of the Assignment and applicable to the Production Company’s business.

5.2 If the Artist is unable for any reason to attend work during the course of an Assignment, they shall inform SoulEndvr. LTD immediately. If this is not possible, the Artist should inform the Production Company and SoulEndvr. LTD as soon as possible.

5.3 If, either before or during the course of an Assignment, the Artist becomes aware of any reason why they may not be suitable for the Assignment, they shall notify SoulEndvr. LTD without delay.

5.4 The Artist shall ensure all information they provide to SoulEndvr.LTD is accurate, correct and up to date and shall immediately update SoulEndvr. LTD of any material changes in the information provided.  The Artist shall respond in a timely manner to any request from SoulEndvr. LTD or a Production Company for specific types of information or an update on information previously provided.

6 PAYMENTS TO THE ARTIST

6.1 Subject to the Artist submitting properly authorised time sheets, chits or completed Artist Payment Vouchers in accordance with clause 7, the Artist shall be entitled to receive the Rate of Pay not later than 10 days from the date on which payment is received from the Production Company. The Rate of Pay will be set out in the relevant Artist Payment Voucher for a particular Assignment.

6.2 The Artist is not entitled to receive payment from SoulEndvr. LTD or the Production Company for time not spent working on the Assignment, whether in respect of holidays, illness or absence for any other reason.

7 TIME SHEETS/CHITS/COMPLETED ARTIST PAYMENT VOUCHERS

 7.1 During the course of an Assignment the Artist shall periodically (usually daily) deliver to SoulEndvr. LTD completed time sheets, chits or Artist Payment Vouchers (whichever is applicable to the Assignment) indicating the number of hours worked and signed by an authorised representative of the Production Company.

7.2 Where the Artist fails to submit a properly authorised timesheet, chit or Artist Payment Voucher any payment due to the Artist may be delayed while SoulEndvr. LTD investigates (in a timely fashion) what hours, if any, were worked by the Artist. The Artist shall not be entitled to any payment for hours not worked.

7.3 The Artist acknowledges and accepts that it could be a criminal offence under the Fraud Act 2006 to falsify any time sheet, chit or Artist Payment Voucher, for example by claiming payment for hours that were not actually worked.

8 TERMINATION

8.1 SoulEndvr. LTD, the Production Company or the Artist may terminate any Assignment at any time without prior notice or liability. Where an Assignment or an Artist’s relationship with a Production Company is terminated on the instigation of a Production Company, SoulEndvr. LTD shall endeavour to give the Artist reasons for termination however this shall not always be possible and the Artist shall not be entitled to any such reasons.

8.2 The Artist acknowledges that the continuation of an Assignment is subject to and dependent on the continuation of the agreement entered into between the Artist and the Production Company. If that agreement is terminated for any reason, the Assignment shall cease with immediate effect without liability to the Artist, except for payment for work done up to the date of termination of the Assignment.

8.3 Unless exceptional circumstances apply, the Artist’s failure to inform the Production Company or SoulEndvr. LTD of their inability to attend work as required by clause 5.2 will be treated as termination of the Assignment by the Artist.

8.4 If the Artist is absent during the course of an Assignment and the Assignment has not otherwise been terminated, SoulEndvr. LTD will be entitled to terminate the Assignment in accordance with clause 8.1 if the work which the Artist was supplied to do is no longer available for any reason (including if a replacement for the Artist has been found).

9 INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT

9.1 The Artist acknowledges that all Intellectual Property Rights deriving from services carried out by the Artist for the Production Company during the Assignment shall belong to the Production Company.  Accordingly, the Artist shall execute all such documents and do all such acts as SoulEndvr. LTD or the Production Company shall from time to time require in order to give effect to the Production Company’s rights pursuant to this clause 9.

9.2 The copyright in photographs taken by SoulEndvr. LTD of the Artist shall be owned exclusively by SoulEndvr. LTD and may not be copied by the Artist without written permission.

10 CONFIDENTIALITY

10.1 In order to protect the confidentiality and trade secrets of SoulEndvr. LTD and the Production Company, the Artist agrees not at any time:

(a) whether during or after an Assignment (unless expressly so authorised by the Production Company or SoulEndvr. LTD as a necessary part of the performance of their duties), to disclose to any person or to make use of any of the trade secrets or the Confidential Information of the Production Company or SoulEndvr. LTD; or

(b) to make any copy, abstract or summary of the whole or any part of any document or other material belonging to the Production Company or the Artist except when required to do so in the course of the Artist’s duties in respect of an Assignment, in which circumstances such copy abstract or summary would belong to the Production Company or SoulEndvr., as appropriate.

11 DATA PROTECTION

11.1 The Artist consents to SoulEndvr. LTD and the Production Company and any other intermediary involved in finding work for the Artist or supplying the services of the Artist to the Production Company to hold and process data relating to the Artist for legal, personnel, administrative and management purposes and in particular to the processing of any “sensitive personal data” as defined in the Data Protection Act 1998 relating to them including, as appropriate:

(a) information about their physical or mental health or condition to take decisions as to their fitness for work;

(b) their racial or ethnic origin or religious or similar beliefs to monitor compliance with equal opportunities legislation;

(c) information relating to any criminal proceedings in which they have been involved for insurance purposes and to comply with legal requirements and obligations to third parties; and

(d) information relating to their age, race, sex and physical appearance, required to judge their suitability for specific roles.

11.2 The Artist consents to SoulEndvr. LTD and the Production Company or any intermediary involved in finding work for the Artist or supplying the Artist’s services to the Production Company making such information available to the Production Company, those who provide products or services to SoulEndvr. LTD (such as advisers), regulatory authorities, governmental or quasi-governmental organisations and potential purchasers of SoulEndvr. LTD or any part of its business.

11.3 The Artist consents to the transfer of such information outside the European Economic Area for purposes connected with the performance of these Terms.

12 WARRANTIES AND INDEMNITIES

12.1 The Artist warrants that:

(a) the information supplied to SoulEndvr. LTD in any application documents or from time to time is correct;

(b) the Artist is not prevented by any other agreement, arrangement, restriction (including, without limitation, a restriction in favour of any employment agency, employment business or Production Company) or any other reason, from fulfilling the Artist’s obligations under these Terms; and

(c) the Artist has valid and subsisting leave to enter and remain in the United Kingdom for the duration of this agreement and is not (in relation to such leave) subject to any conditions which may preclude or have an adverse effect on the Assignment.

12.2 The Artist shall indemnify and keep indemnified Soulendv. LTD and the Production Company against all Demands (including legal and other professional fees and expenses) which SoulEndvr. LTD or the Production Company may suffer, sustain, incur, pay or be put to arising from or in connection with:

(a) any failure by the Artist to comply with its obligations under these Terms;

(b) any negligent or fraudulent act or omission by the Artist;

(c) the disclosure by the Artist of any Confidential Information;

(d) any employment-related claim brought by the Artist in connection with the Assignment or otherwise; or

(e) the infringement by the Artist of the Production Company’s Intellectual Property Rights.

12.3 The Artist acknowledges that SoulEndvr. LTD shall not be responsible for and shall not be in a position to exert any level of control or influence over the treatment of the Artist (whether by a Production Company, a representative of a Production Company or any other third party) during the course of an Assignment.  As such, SoulEndvr. LTD shall not be liable to the Artist for any Demand arising as a result of any act or omission by a Production Company, any representative of a Production Company, or any other third party.  For the avoidance of doubt, this clause shall not exclude or limit SoulEndvr. LTD’s liability for its negligence or negligent omission which causes the Artist personal injury or results in death.

13 STATUS

13.1 The Artists is self-employed and nothing in these Terms shall render the Artist an employee, worker, agent or partner of SoulEndvr. LTD or the Production Companies and the Artist shall not hold themselves out as such.  Each party confirms it is acting on its own behalf and not for the benefit of any other person.

13.2 The Artist shall be fully responsible for and shall indemnify SoulEndvr. LTD and any Production Company in respect of:

(a) any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with payments made hereunder or in respect of any Assignment The Artist shall further indemnify SoulEndvr. LTD and any Production Company against all reasonable costs, expenses and any penalty, fine or interest incurred or payable by SoulEndvr. LTD or any Production Company in connection with or in consequence of any such liability, deduction, contribution, assessment or claim;

(b) any liability arising from any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by the Artist against SoulEndvr. LTD or any Production Company arising out of or in connection with any Assignment.

13.3 SoulEndvr. LTD may at its option satisfy such indemnity (in whole or in part) by way of deduction from any payments due to the Artist.

14 ENTIRE AGREEMENT

14.1 This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

14.2 The Artist may from time to time be asked by a Production Company to agree to its terms and conditions. If the Artists does so, the Production Company’s terms shall be supplemental to these Terms which shall continue in full force and effect. To the extent that there is any inconsistency between these Terms and a Production Company’s terms, these Terms shall prevail.

14.3 Notwithstanding SoulEndvr. LTD’s intention (where possible and appropriate) to apply market pay rates as agreed from time between Production Companies and various actors unions, SoulEndvr. LTD is not a party to any union agreement and as such no union agreements shall govern the relationship between SoulEndvr. LTD and the Artist.

14.4 Each party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.

14.5 Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

14.6 Nothing in this clause shall limit or exclude any liability for fraud.

15 THIRD PARTY RIGHTS

15.1 No one other than a party to these Terms, their successors and permitted assignees, shall have any right to enforce any of its terms.

16 SEVERANCE

16.1 If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.

17 GOVERNING LAW AND JURISDICTION

17.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

17.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

18 DEFINITIONS

18.1 Interpretation

Assignment: work as a Supporting Artist for a Production Company, as more particularly described in the relevant Artist Payment Voucher.

Artist: an artist introduced by SoulEndvr. LTD in its capacity as Artist’s agent to the Production Company to provide services as a Supporting Artist to the Production Company.

Artist Payment Voucher: written or electronic confirmation of the detail of a particular Assignment to be given to the Artist on acceptance of an Assignment and which in most cases shall be completed to evidence the hours worked by the Artist on an Assignment.

Commission: commission charged by SoulEndvr. LTD to Artists on their earnings in respect of Assignments, in accordance with clause 4.2.

Confidential Information: information in whatever form (including without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) relating to the business, customers, products, affairs and finances of the Production Company or SoulEndvr. LTD for the time being confidential to the Production Company or SoulEndvr 2020 and trade secrets including, without limitation, technical data and know-how relating to the business of the Production Company or SoulEndvr. LTD or any of its or their suppliers, customers, agents, distributors, shareholders, management or business contacts, and including (but not limited to) information that the Artist creates, develops, receives or obtains in connection with any Assignment, whether or not such information (if in anything other than oral form) is marked confidential.

DBS: the Disclosure and Barring Service or such other body as may from time to time be responsible for processing criminal records check.

Demand: any action, award, claim or other legal recourse, complaint, cost, debt, demand, expense, fine, liability, loss, outgoing, penalty or proceeding.

Intellectual Property Rights: patents, rights to inventions, copyright and related rights, moral rights, trademarks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.

Production Company:  the production company (or such other person, firm, partnership or company) SoulEndvr. LTD is engaged by, to introduce the Artist for the purposes of fulfilling an Assignment.

Rate of Pay: the rate of pay that will be paid to the Artist in respect of each Assignment and which shall be notified to the Artist separately but shall usually be in accordance with prevailing rates agreed between Production Companies and actors unions from time to time but which may be varied by agreement with the Artist.

Supporting Artist: a background, walk-on or featured actor, extra, artist or any other performer. 

18.2 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.

18.3 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.

18.4 A reference to these Terms or to any other agreement or document referred to in these Terms is a reference to this agreement or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of these Terms) from time to time.

DBS CHECKS FAQ’S

WORKING WITH CHILDREN, WALK-ONS AND SUPPORTING ARTISTS (“SAS”) & BASIC DISCLOSURE CHECKS

This Q&A document is intended to explain how the pan-industry approach to background checks will affect Supporting Artists (SAs) working on productions involving children and young persons under the age of 18. This pan-industry approach has been adopted by BBC, Channel 4, Channel 5, ITV, Sky and Pact.

1. What will be expected of SAs?

We are asking agencies who supply SAs to advise all of the SAs on their books that they need to have a basic criminal record check in the form of a basic disclosure check for those artists wishing to work on any film or programme commissioned by the public service broadcasters or Sky and that involve children and young persons.
Please note it is possible for young persons over the age of 16 to obtain basic disclosure checks and they will be expected to do so.
Additional briefings and information will be required for certain productions.

2. What do you mean by programmes or films that involve children and young persons?

Any programme or film that might engage a child and/or young person at some stage during the production in speaking or non-speaking roles. This includes productions which could have under 18s on set at any time as a result of last-minute changes to the schedule.

3. What is a basic disclosure certificate?

A basic disclosure certificate is a document containing impartial and confidential criminal history information held by the police that can be used to make safer recruitment decisions.
The basic disclosure document will provide details of any unspent convictions that an individual may have.

4. Why do Supporting Artists need to obtain a basic disclosure certificate?

All broadcasters and producers have extremely high standards when it comes to safeguarding and child protection, and the physical and emotional welfare of every child involved in their productions is of the absolute highest importance.
Broadcasters and producers are looking for the check to seek external assurance that the SAs they recruit to work on programmes or films that involve under 18s have no unspent convictions for offences contained within the Sexual Offences Act 2003. All children working on productions are chaperoned at all times by a licensed chaperone and/or a parent/guardian. However, the check with Disclosure Scotland/AccessNI will reveal if any SAs have any unspent convictions that should preclude them from working on a production involving children, whether or not the children are chaperoned.
In addition, broadcasters will have their own protocols, guidelines, and codes of conduct, that explain to producers the conduct and standards required of all individuals (both on and off screen) working on productions involving children.

5. How do I apply for disclosure check?

England & Wales — https://www.gov.uk/government/organisations/disclosure-and-barring-service

Scotland — https://www.gov.uk/government/organisations/disclosure-and-barring-service

6. What information is needed to complete the application process?

You will need to provide 3 forms of identification to confirm your name, date of birth and current address for example passport, driving licence, utility bill, rental agreement, mortgage or bank statement. You will also be asked to provide:
· Information from a utility bill at your home address
· Your home address details for the last 5 years

7. Why do I have to apply for a certificate through Disclosure Scotland/Access NI?

Currently Disclosure Scotland and Access NI are the official UK agencies able to provide basic disclosure certificates.
The Disclosure and Barring Service (the “DBS”) in England and Wales does not currently provide a basic disclosure checking service.

8. What does the basic disclosure certificate look like?

The link below will take you to a current sample certificate from DisclosureScotland.
http://www.disclosurescotland.co.uk/disclosureinformation/documents/Samplecert-BPAD-Guidance_000.pdf

9. What is the cost of a certificate? What information do I need to provide? How long does it take to issue a certificate?

Through Disclosure Scotland it currently costs £25 and you will need to provide 3 types of ID. It usually takes no more than 14 days for a certificate to be issued.
You do not need to supply the address of any broadcaster or producer in this process as it is your agent that will check the certificate that you have obtained.
The Disclosure Scotland website gives clear instructions. The information can be found here:
http://www.disclosurescotland.co.uk/basicdisclosureonline/index.htm
AccessNI also provide a service with the current cost of the certificate being £26.

10. How often do I need to provide a certificate?

A new certificate will need to be provided every 18 months. However, if within that period you are convicted of an offence under the Sexual Offences Act 2003 your agent will need to be informed of this by you as they will not be able to supply your services to a production involving children. You will also notice that wording will be included in your chits confirming that no sexual offence has been committed since the Disclosure Scotland certificate was obtained, such as:
“I confirm I do not have any unspent convictions for sexual offences as contained within the Sexual Offences Act 2003 and I have never been subject to any disciplinary action or sanction relating to vulnerable groups.”

11. Who do I show the basic disclosure certificate to?

You show the certificate to your agent.
You may be asked to supply or show this certificate to a production company or a broadcaster if you wish to be put forward for the role

12. What is the difference between the basic disclosure check and standard and enhanced checks

The basic disclosure check only provides details of unspent convictions. Individuals and the self-employed are able to apply for this certificate, whilst engagers are not able to submit an application for a basic check.
Standard and enhanced checks provide details of both unspent and spent convictions and only apply to certain job categories (e.g. teacher or healthcare professional) or where an individual carries out what is defined as a “regulated activity” with a child or a vulnerable adult. As SAs are neither listed within the specified job categories nor normally involved in what is described as a “regulated activity”, they are unlikely to be eligible for these checks.

13. Are other contributors or crew checked?

Where contributors or crew are eligible for a DBS/PVG check then this is undertaken. If they are not eligible for such checks, but will be working with under 18 year olds in a supervised capacity, then they may be required to complete a self-declaration form which can help to provide a degree of assurance in relation to an individual?s criminal history. This form is used in specific circumstances and typically where we have a direct contractual relationship with those individuals.

14. What happens if a Supporting Artist does not obtain a basic disclosure certificate?

If an SA would prefer not to obtain or disclose their basic disclosure certificate they will still be able to work on productions that do not involve children.

15. What if a Supporting Artist already has a criminal background check?

All criminal background checks are valid from the date of issue for this purpose. If a SA already has an enhanced DBS check they must have signed up to the DBS update service to allow the Agent to perform a status check to see if any of the information has changed since the certificate?s issue.

16. What additional broadcaster policies are there?

BBC Child Protection Policy and Code of Conduct
Channel 4 Working and Filming with Under 18s guidelines
ITV Compliance Guidelines
Sky Sky’s Guidelines

PRIVACY

PRIVACY POLICY

How we use your information

This privacy notice tells you what to expect when Soulendvr. LTD collects personal information. It applies to information we collect about:

• visitors to our websites;
• people who register as a Support Artist
• complainants and other individuals in relation to a data protection or freedom of information complaint or enquiry;
• people who use our services, e.g. who subscribe to our newsletter or request a publication or enquire about our services;
• people who notify under the Data Protection Act; and
• job applicants and our current and former employees.

This Privacy Policy relates to our online services available via our website Soulendvr.com (Website), and any of our other online or mobile products, content and services from time to time (collectively, the Service).

This privacy policy addresses information provided to Soulendvr. LTD  In the event that Soulendvr. LTD engages with a third-party service provider, to whom we may pass your personal information or to whom you may be expected to provide your personal information, your information will be handled by that third-party service provider as if it were being handled by Soulendvr. LTD. This may include but not be limited to external training organizations, external auditing organizations, external certification organizations, external personnel, benefits advisers and statutory authorities i.e. HSE. Exceptions to this arrangement are specifically stated within this privacy policy.By using the Service, you consent to the collection, storage and use of your personal information as described below. If you do not agree to this Privacy Policy, please do not use the Service and (where applicable) please uninstall the relevant application.

DATA PROTECTION COMPLIANCE

The Service is controlled by us from our offices in the United Kingdom (UK). Personal information collected from the Service is processed in accordance with the Data Protection Act 1998 (the Act) and the General Data Protection Regulation (GDPR), which regulates the processing of personal data in the UK. We are registered as a data controller in accordance with the Act and we comply with UK and GDPR data protection and privacy laws.If you choose to use the Service from outside the UK, you do so at your own risk, with the understanding that personal information collected from the Service may be collected, stored and used in a country whose privacy laws may be different and less protective than those of your home country.

THE INFORMATION WE COLLECT FROM YOU AS A SUPPORTING ARTISTS

When you use the Service (in particular when you register as an artist via the Website), you may be asked to provide personal information that identifies you personally (including personal data and sensitive personal data, as defined in the Act). This may include photographs of you, your full name, gender, date of birth, national insurance number, email address, postal address, telephone number, car information, union status, stage name, bank account details, a copy of your passport or work visa, body measurements, information about your hair, tattoos and piercings, ethnic origin, ethnic look, languages spoken and diary availability. We may also require you to undertake a DBS check where you are an artist potentially attending on a set at which under 18s may be present and to provide details of your DBS check status to us.

From time to time, you may be asked to submit particular items of personal information in order to receive or use certain parts of the Service or for the purposes further described in this Privacy Policy. By entering your details in the fields requested, you enable us to provide you with the products, content or services you select. If you do not provide us with the personal information requested, some parts of the Service may not be available to you.

Whenever you provide such personal information (whether directly to us or to others collecting it on our behalf) or when we receive it with your permission from third parties (such as social network operators), we will protect that information in accordance with this Privacy Policy.

We may also collect certain anonymous usage data, such as pages visited, and features used within the Service. This information does not identify you personally and generally is not aggregated with your personal information. If it is aggregated with personal information in a way that makes you personally identifiable, we will protect the aggregated information as personal information under this Privacy Policy. We generally use such usage data to improve our services to you and to customise and enhance your experience of the Service.

HOW WE USE PERSONAL INFORMATION

We may use personal information collected from the Service to enable your efficient use of the Service, as well as for marketing, promotions, research, analysis, product service and development related to the Service and our other products and services. Where permitted, we may occasionally use your personal information to contact you by telephone, email, SMS or otherwise in writing to inform you about the Service and our other products and services.

We will not use your personal information for marketing or promotional purposes without having first obtained your consent to do so. In any further marketing or promotional communications, we send to you, we will give you the opportunity to withdraw your consent to receiving such communications in the future. To do so, please follow the unsubscribe instructions on the communications you receive. If you have opted in to allow us to share your personal information with third-party providers of products, content or services that we believe may be of interest to you, and you wish to opt out of further direct communications from any such third party, please contact that third party directly.

We may also use your personal information for the purposes of:

• processing and administering your registration;
• where you are an artist, submitting your details to third parties who may wish to engage your services;
• performing any contracts concluded between you and us (including our Terms of Use), including providing you with the part(s) of the Service that you have requested, along with any support services and any related information and communications;
• running competitions and other promotional events;
• notifying you of new employment and product opportunities;
• conducting surveys as to the quality of the Service or of parts of it;
• customer service correspondence (such as notifying you of changes to our products, content or services);
  processing details of your personal interests and preferences submitted to us via the Service;
• processing details of your use of the Service; and
• any other general or special use that you may permit under any particular request for permission that we may make from to time.

We reserve the right to monitor your account and records to check any complaint or allegation of abuse, infringement of third-party rights or any other unauthorised use of the Service.

INFORMATION SECURITY

We take every reasonable precaution to protect against the loss, misuse or alteration of your personal information and to ensure that it will be processed in accordance with this Privacy Policy. Any payment transactions will be encrypted. Where we have given you (or you have chosen) an account password that enables you to access certain parts of the Service, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet, mobile networks or wireless technology is not always completely secure, nor is any method of electronic storage. Once we have received your information, we use strict procedures and security features to try to prevent unauthorised access. You acknowledge and accept, however, that others may nevertheless attempt to intercept or otherwise access the personal information you provide to us and that any transmission or storage of your information is at your own risk.

One easy and important way to protect your personal information is to keep your account password confidential and to close your browser when you are away from your device.

You can check and edit the personal information we hold about you at any time via the Service or by contacting us by email or post (details below).

WITHDRAWAL OF CONSENT/OPTING OUT

If, at any time, you wish us to stop using your personal information or to correct any factual inaccuracies, just contact us by email or post (details below). Be sure to state “CONSENT WITHDRAWAL” in the subject line and to include your full name, registered Artist ID (if any) and email address in the message. We will try to make the requested changes in our active databases as soon as reasonably practicable. Please note that residual data may be retained on back-up media or for other technical or administrative reasons, or where we are required by law to retain data for a certain period of time.

ACCESS TO YOUR INFORMATION

If you would like a copy of the personal information that we hold about you, just contact us by email or post (details below). Be sure to state “Copy personal information” in the subject line, and to include your full name, registered Artist ID (if applicable) and email address in the message. If requested, we will use reasonable efforts to supply, correct or (as appropriate) delete information about you on our files.

CHILDREN’S ONLINE PRIVACY POLICY

Soulendvr. LTD does not knowingly collect personal information from persons who are under 16 years of age. By agreeing to use our products or services, you represent that you are 16 years or older.

People under the age of 16 should not use the Service or provide any personal information to us through the Service. Where we become aware that a user is under the age of 16, we will promptly take steps to terminate that user’s account and delete that user’s data.

The Service is not directed to children under the age of 16 but children aged 16 or over may use the Service with the supervision of their parent or guardian, where appropriate. We encourage parents or guardians to take an active interest in their children’s use of online or mobile platforms, including the Service. Their involvement is essential to help ensure a safe and rewarding experience for their children. Parents or guardians should be aware that there are software tools available that screen objectionable content and allow you to prevent children from disclosing their personal information without your permission.

VISITORS TO OUR WEBSITES

When you browse this website, you do so anonymously, unless you have previously indicated that you wish Soulendvr.com to remember your personal information or login and password. We use a third-party service, Google Analytics, to collect standard Internet log information and details of visitor behaviour patterns. We do this to find out things such as the number of visitors to the various parts of the site. This information is only processed in a way which does not identify anyone. We do not make, and do not allow Google to make any attempt to find out the identities of those visiting our website. If we do want to collect personally identifiable information through our website, we will be up front about this. We will make it clear when we collect personal information and will explain what we intend to do with it.

 USE OF COOKIES

Soulendvr.com use cookies on our web site to enhance the experience of users and to try to show appreciation to repeat and returning users. You can read more about how we use cookies on our Cookies Policy page.

 TRACKING TECHNOLOGY AND IP ADDRESSES

We may collect and process certain information about your device and your use of the Service for system administration and/or to provide certain parts of the Service, including (where available) your IP address, mobile network information, hardware model, device serial number, unique device identifier, operating system and browser type, as well as details of how and when you access and use the Service. This comprises statistical data about our users’ browsing actions and patterns, and does not, in itself, identify any individual.

We may, however, link IP addresses and other unique identifiers to personal data (such as a user’s country or an Artist ID) and/or non-personal data (such as a user’s access location or usage record) in order to provide certain parts of the Service and/or to enforce our Terms of Use or other user contracts.

NEWSLETTER

We use a third-party provider, Mailchimp, to deliver our monthly e-newsletters. We gather statistics around email opening and clicks using industry standard technologies including clear gifs to help us monitor and improve our e-newsletter.

Here is a link to their Privacy Notice:

https://mailchimp.com/legal/privacy/

SECURITY AND PERFORMANCE

Soulendvr.com uses a third-party service, to help maintain the security and performance of Soulendvr.com website. To deliver this service it processes the IP addresses of visitors to Soulendvr.com website.

PEOPLE WHO EMAIL US

We use Transport Layer Security (TLS) to encrypt and protect email. If your email service does not support TLS, you should be aware that any emails we send or receive may not be protected in transit.

We will also monitor any emails sent to us, including file attachments, for viruses or malicious software. Please be aware that you have a responsibility to ensure that any email you send is within the bounds of the law.

 PEOPLE WHO MAKE A COMPLAINT TO US

When we receive a complaint from a person we make up a file containing the details of the complaint. This normally contains the identity of the complainant and any other individuals involved in the complaint.

We will only use the personal information we collect to process the complaint and to check on the level of service we provide. We do compile and publish statistics showing information like the number of complaints we receive, but not in a form which identifies anyone.

We usually have to disclose the complainant’s identity to whoever the complaint is about. This is inevitable where, for example, the accuracy of a person’s record is in dispute. If a complainant doesn’t want information identifying him or her to be disclosed, we will try to respect that. However, it may not be possible to handle a complaint on an anonymous basis.

We will keep personal information contained in complaint files in line with our retention policy. This means that information relating to a complaint will be retained for two years from closure. It will be retained in a secure environment and access to it will be restricted according to the ‘need to know’ principle.

Similarly, where enquiries are submitted to us we will only use the information supplied to us to deal with the enquiry and any subsequent issues and to check on the level of service we provide.

When we take enforcement action against someone, we may publish the identity of the defendant in our Annual Report or elsewhere. Usually we do not identify any complainants unless the details have already been made public.

SERVICE PROVIDERS REPORTING A BREACH

Public electronic communications service providers are required by law to report any security breaches involving personal data to Soulendvr. LTD. If we are advised of any breach that affects the data that we hold about you, we will inform you as soon as possible, and at least within 48 hours.