ACT Privacy Policy
Global Privacy Notice
Effective: April 23, 2024
ACT Lighting Inc. d/b/a ACT Entertainment, ACT Lighting Canada, Inc., Ambersphere Solutions, TV One, Spitfire Creative Technologies and each of its affiliates (collectively, “ACT,” “we,” “us,” “our”) respects your privacy and is committed to protecting the personal data we hold about you. If you have questions, comments, or concerns about this Privacy Notice or our processing of personal data, please see the bottom of this Privacy Notice for information about how to contact us.
This Privacy Notice explains our practices with respect to personal data we collect and process about you. This includes information we collect through, or in association with, our websites located at https://www.actentertainment.com, https://www.ambersphere.com/, https://tvone.com/ and https://www.green-hippo.com/ (our Sites), our apps that we may provide, our products and services that we may offer from time to time via our website and/or related apps, our related social media sites, or otherwise through your interactions with us (the Sites, apps, products, services, and social media pages, collectively, the “Services”).
If you are located in the European Economic Area (“EEA”), Switzerland, or the United Kingdom (“UK”), we are subject to the UK General Data Protection Regulation (“UK GDPR”) and the EU General Data Protection Regulation (“EU GDPR”) and are the “Controller” of your personal data as defined by the UK and EU GDPR.
Please review the following to understand how we process and safeguard personal data about you. By using any of our Services, whether by visiting our website or otherwise, and/or by voluntarily providing personal data to us, you acknowledge that you have read and understand the practices contained in this Privacy Notice. This Privacy Notice may be revised from time to time, so please ensure that you check this Privacy Notice periodically to remain fully informed.
Personal Data We Collect
We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal data”). In addition, we may collect data that is not identifiable to you or otherwise associated with you, such as aggregated data, and is not personal data. To the extent this data is stored or associated with personal data, it will be treated as personal data; otherwise, the data is not subject to this notice.
Categories of Personal Data We Collect
The types of personal data we collect about you depends on your interactions with us and your use of the Services. In the past twelve (12) months, we collected the below categories of personal data from our users:
1. Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, phone number, account name, or other similar identifiers.
2. Commercial information, including records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
3. Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.
4. Geolocation data.
5. Inferences drawn from any of the information above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior and attitudes.
We will not collect additional categories of personal data other than those categories listed above. If we intend to collect additional categories of personal data, we will provide you with a new notice at or before the time of collection.
How We Obtain Your Personal Data
We collect your personal data from the following categories of sources:
Directly from you. When you provide it to us directly whether online, by email, phone, in-person, or when you apply for a job, complete customer surveys and provide feedback.
Automatically or indirectly from you. For example, through logging and analytics tools, cookies, and as a result of your use of and access to the Services (such as Google Analytics, Facebook connect and LinkedIn Analytics), or through your interactions with us on social media websites (such as Facebook, X, Instagram, LinkedIn and YouTube).
Operating Systems and Platforms. For example, we automatically collect information relating to the device used to access our Services, such as IP address, device identifiers, and browser information.
From our Service Providers. For example, order processing and fulfillment services, commercial email providers, security consultants, and other Service Providers we engage.
From Third Parties such as Social Networks. For example, from social media networks (such as Facebook, Instagram and X), including if you contact us for customer service support through our social media pages.
From Third Parties such as Advertising Networks. For example, ad networks, such as Google Ads, to serve advertisements across the Internet. These advertisers use cookies, pixel tags, and other tracking technologies to collect information about your online activity and provide online behavioral advertising.
· Compliance with Legal Obligations and Protection of Individuals. We may process personal data to comply with the law and our legal obligations, as well as to protect you and other individuals from certain harms.
Who We Disclose Your Personal Data To
We disclose your personal data with the following categories of third parties:
Our Service Providers.
Our affiliated entities.
Our partners or prospective partners in order to provide us and/or our partners with information about the use of the Services and levels of engagement with the Services, to allow us to enter into new business relationships, and to allow us to market products or services on their behalf.
· Third-party brands and agencies that may use that information to market their own relevant products or services to you.
Government agencies or regulations when permitted or required to do so by law; in response to a request from a law enforcement agency or authority or any regulatory authority; and/or to protect the integrity of the Services or our interests, rights, property, or safety, and/or that of our users and others.
How Do We Process Personal Data?
a. Operational Uses. We process your personal data as part of our operations, which include:
· Providing or performing services or transactions that you have requested, including maintaining or servicing accounts, providing customer service, and verifying customer information;
· Managing your inquiries, responding to inquiries and requests via email, and communicating with you with regard to the Sites;
· Communicating with you (not for marketing purposes) by email, text message (SMS, MMS), telephone, push notification, about applications, payments or changes to your account information;
· Operating, maintaining, and improving the quality of the Services and such content, products and/or services as we may make available through the Services;
· Conducting checks to identify you and verify your identity or to help prevent and detect fraud against you or us;
· Compliance with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies;
· Endeavoring to protect our and our partners’ rights, property, or safety, and the rights, property, and safety of our users and other third parties; and
· For other purposes, as permitted or required by law.
If the GDPR applies to the services we are providing you, we will only use your personal data if we have a proper reason, for example, (1) for the performance of a contract with you or to take steps at your request before entering into a contract, (2) to comply with our legal and regulatory obligations, (3) for our legitimate interests or those of a third-party, or (4) where you have given consent.
A legitimate interest is when we have a business or commercial reason to use your personal data, so long as this is not overridden by your own rights and interests. We will carry out an assessment when relying on legitimate interests, to balance our interests against your own. You can obtain details of this assessment by contacting us (see below).
b. Marketing Uses. We may process your personal data as part of our marketing efforts when we have a legitimate interest in doing so. This means we may not need your consent to send you marketing information. If we change our marketing approach in the future so that consent is needed, we will ask for this separately and clearly.
· We may process your personal data to send messages, including emails to you about us, our partners, and the products and services we and our partners offer, which may from time to time include events, promotions, new offerings, and special offers for products and services. Personal data you enter incomplete or unsubmitted forms on the Services may be processed to send you reminders about completing the forms, as well as to save that information to make completing the forms easier.
· We also process personal data collected through social media platforms (such as Facebook, Instagram and X) and web tracking technologies to market to and understand our audience.
· We do not disclose personal data to third parties for their own direct marketing purposes.
You have the right to opt out of receiving marketing communications at any time, please see Communications Opt-Out below. We may ask you to confirm or update your marketing preferences if you ask us to provide further services in the future, or if there are changes in the law, regulation, or the structure of our business.
c. Sharing of Personal Data. Some of the above processing involves sharing collected personal data with third parties, including service providers and other third parties in the following circumstances:
· We may share your personal data with our affiliated or subsidiary companies who require access to your personal data for business purposes related to process any request, inquiry, or other information or personal data you submit via the Sites, and for our affiliates’ own marketing purposes. This includes the owner of any community where you make an application or where you lease, as well as the management company for such community;
· Third parties who perform services on our behalf. This includes, without limitation, third parties that send communications, process payments, analyze data, provide marketing assistance, provide customer service on our behalf, provide training and media services. These third parties may have access to your personal data in order to provide these services to us or on our behalf. These third parties may also receive, or be given access to collect, Site Usage Information and other non-personal data for their own use;
· We may share personal data we collect in aggregated form, with certain business partners, in order to provide us with information about the use of the Services and levels of engagement with the Services and to allow us to enter into new business relationships;
· We may share personal data to market and promote our, and our partners’, products and offerings;
· We share personal data with third parties when we believe it is required by, or necessary to comply with, applicable law;
· We reserve the right to disclose and transfer your personal data in connection with a corporate merger, consolidation, restructuring, financing, sale of substantially all assets, or other corporate change, including for transaction due diligence; and
· We may share your personal data with our external auditors or our professional advisors.
We do not share your personal data with third parties for those third parties’ (other than our affiliates) own direct marketing purposes without your consent. We may share non-personally identifiable information, such as Site Usage Information or other aggregated user statistics, with third parties without restriction.
Please note, we will only allow the organizations referred to above, to handle your personal data if we are satisfied they take appropriate measures to protect your personal data. We also impose contractual obligations on them to ensure they can only use your personal data to provide services to us and to you.
See “Your Rights Regarding Personal Data” below for information about how you can make decisions about how we process personal data, including how to opt out of certain marketing communications.
Your Rights Regarding Personal Data
Accessing, Modifying, Rectifying, and Correcting Collected Personal Data
We strive to maintain the accuracy of any personal data collected from you and will try to respond promptly to update our records when you tell us the information in our records is not correct. However, we must rely upon you to ensure that the information you provide to us is complete, accurate, and up-to-date, and to inform us of any changes. Please review all of your information carefully before submitting it to us and notify us as soon as possible of any updates or corrections.
Depending on the laws that apply to you, you may obtain from us certain personal data in our records. If you wish to access, review, or make any changes to personal data you have provided to us through the Services, please contact us at the information provided at the end of this Privacy Notice. We reserve the right to deny access as permitted or required by applicable law.
Your California Privacy Rights
California’s “Shine the Light” law permits our users who are California residents to request and obtain from us a list of what personal data (if any) we disclosed to third parties for their own direct marketing purposes in the previous calendar year and the names and addresses of those third parties. Requests may be made only once per year per person, must be sent to the email address below, and are free of charge. Requests may be sent through the contact methods listed below.
California residents should refer to our California Privacy Notice [below] for more information about their rights.
Your Nevada Privacy Rights
Nevada law permits our users who are Nevada consumers to request that their personal data not be sold (as defined under applicable Nevada law), even if their personal data is not currently being sold. Requests may be sent through the contact methods listed below.
d. Your Canadian Privacy Rights
Residents of Canada are permitted to request and obtain from us information respecting the existence, use, and disclosure of their personal data as well as access to that information (subject to certain exceptions pursuant to applicable laws). Without limiting the above, residents of Canada will, upon request:
· Be informed of whether we hold personal data about you;
· Be provided with an account of third parties to which we have disclosed your personal data;
· Be able to challenge the accuracy and completeness of your personal data and have it amended as appropriate; and
· Be provided with information about our policies and practices with respect to the management of personal data, including: the name or title, and address, of the person who is accountable for our privacy policies and practices; the means of gaining access to personal data; a description of the type of personal data held by us, including a general account of its use; a copy of any brochures or other information that explain our policies, standards, or codes; and what personal data is made available to related organizations.
e. Your Swiss, EU and UK Privacy Rights
If you are located outside the United States, we transfer personal data for processing in the United States, including personal data sent via e-mails or when you make an order. Under the GDPR, we are considered a “controller” of the Personal Data. By using the Services outside the United States, you acknowledge that we will transfer your data to, and store your personal data in, the United States, which may have different data protection rules than in your country, and personal data may become accessible as permitted by law in the United States, including law enforcement and/or national security authorities in the United States. For transfers of data into and out of the EEA, Switzerland and the UK, pursuant to Article 46 of the GDPR, we use standard contractual clauses adopted by the European Commission or applicable regulator.
Rights of Swiss, EEA and UK Residents
Under the GDPR, you may have the following rights with respect to your personal data, including to:
· Right to Access and Portability. You have right to access your personal data and/or receive a copy of the Personal Data that we have collected about you in a portable format.
· Right to Object to Processing. You have the right to object to the continued processing or use of your Personal Data.
· Right to Correct. Right to update and correct inaccuracies in your personal data.
· Right to Object. Right to object to the continued processing or use of your personal data in certain situations, including for direct marketing.
· Right to Erasure. Right to have the personal data blocked, anonymized or deleted, as appropriate in certain situations.
· Right to Complain. You have the right to complain to a supervisory authority, and your personal data may be blocked, anonymized or deleted, as appropriate. If you are in the EU, you may find information about your supervisory authority here and if you are in the UK, you may find it here.
· Right to Withdraw Consent. If you have provided us with a consent to use your personal data you have a right to withdraw that consent easily at any time. Please contact us to do so. Withdrawing a consent will not affect the lawfulness of our use of your personal data in reliance on that consent before it was withdrawn.
The right to access personal data may be limited in some circumstances by local law. If you qualify, in order to exercise these rights, please contact us via the contact us form.
We may ask you to provide additional information for identity verification purposes, or to verify that you are in possession of an applicable email account.
Please understand, however, that we reserve the right to retain an archive of such personal data for a commercially reasonable time to ensure that its deletion does not affect the integrity of our data; and we further reserve the right to retain an anonymous version of such Information.
This section of the Privacy Policy is applicable to individuals located in the EEA, Switzerland, and the United Kingdom (“European Data Subjects”).
Our purpose for collecting and processing personal data from European Data Subjects is to provide them with the features and functionalities of our Services and information regarding our Services. The legal basis for processing personal data is because:
1. It is necessary for performance of a contract between us to provide you with the Services.
2. It is related features and functionality and in other circumstances may be necessary for our legitimate interests in making the Services available and secure.
3. To exercise our rights or comply with legal obligations.
4. We also rely on your consent to receive information about our Services.
You may withdraw consent from receiving marketing and promotional communications by clicking the “Unsubscribe” link on the communication or sending an e-mail to privacy@actentertainment.com with the subject line “Opt Out.” If European Data Subjects do not provide personal data to us or withdraw consent for processing such personal data, we may not be able to provide such individuals with certain features or functionalities of the Services or information regarding the Services, including processing orders. Note that we do not collect any sensitive personal information about you.
European Data Subjects may obtain information about the personal data that we hold about them by contacting us at privacy@actentertainment.com.
Your Choices
You have choices about certain information we collect about you, how we communicate with you, and how we process certain personal data. When you are asked to provide information, you may decline to do so; but if you choose not to provide information that is necessary to provide some of our Services, you may not be able to use those Services. In addition, it is possible to change your browser settings to block the automatic collection of certain information.
Communications Opt-Out. You may opt out of receiving marketing or other communications from us at any time through a given communications channel (such as email or telephone) by following the opt-out link or other unsubscribe instructions provided in any email message received, by contacting us as provided at the end of this Privacy Notice.
Note that if you do business with us in the future, you may not, subject to applicable law, opt out of certain automated notifications, such as order or subscription confirmations, based on business transactions (e.g., e-commerce).
Location Information. If you want to limit or prevent our ability to receive location information from you, you can deny or remove the permission for certain Services to access location information or deactivate location services on your device. Please refer to your device manufacturer or operating system instructions for instructions on how to do this.
Cookies, Web Tracking, and Advertising. You may opt out of certain tracking technologies through your device’s or browser’s cookie and/or advertising settings (including by blocking, deleting, or restricting cookies, or resetting your device’s applicable advertising ID). Consult your device and/or browser documentation for more information about how to do this.
Please note that blocking, deleting, or restricting cookies may negatively affect the performance or certain functionality of the Services, and opting out of online behavioral advertising will not prevent the delivery of ads, but rather may result in more repetitive and/or less relevant advertisements.
To opt out of many online behavioral advertising mechanisms, including Facebook, Google, and others, you can use the Network Advertising Initiative’s Consumer Opt-Out service and/or the Digital Advertising Alliance’s Consumer Choice Tool.
If you would like to opt out of Google Analytics, and certain Google advertising functionality, you may do so using Google’s opt-out tool.
For more information about our cookie policy, please click here [coming soon].
Protecting Personal Data
We use reasonable and appropriate physical, technical, and organizational safeguards designed to promote the security of our systems and protect the confidentiality, integrity, availability, and resilience of personal data. Those safeguards include (i) encryption through secure socket layer technology (SSL); (ii) taking steps to ensure personal data is backed up and remains available in the event of a security incident; and (iii) periodic testing, assessment, and evaluation of the effectiveness of our safeguards.
However, no method of safeguarding information is completely secure. While we use measures designed to protect personal data, we cannot guarantee that our safeguards will be effective or sufficient. In addition, you should be aware that Internet data transmission is not always secure, and we cannot warrant that information you transmit utilizing the Services is or will be secure.
Retention of Personal Data.
We retain personal data to the extent we deem necessary to carry out the processing activities described above, including but not limited to compliance with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, and to the extent we reasonably deem necessary to protect our and our partners’ rights, property, or safety, and the rights, property, and safety of our users and other third parties.
Other Important Information About Personal Data and The Services.
a. Collection of Personal Data from Children. We do not knowingly collect information from children under the age of 18. By using the Services, you represent that you are 18 years of age or older or have valid parental consent to do so.
b. Third-Party Websites and Services. As a convenience and as part of our Services, we may reference or provide links to third-party websites and services. When you directly access these third-party services, you leave our Services, and we are not responsible for, and do not control, the content, security, or privacy practices employed by any third-party websites and services. You access these third-party services at your own risk. This Privacy Notice does not apply to any third-party services; please refer to the privacy notice or policies for such third-party services for information about how they collect, use, and process personal data.
c. Business Transfer. We may, in the future, sell or otherwise transfer some or all of our business, operations or assets to a third party, whether by merger, acquisition or otherwise. Personal data we obtain from or about you via the Services may be disclosed to any potential or actual third-party acquirers and may be among those assets transferred.
d. Do Not Track. We use analytics systems and providers and participate in ad networks that process personal data about your online activities over time and across third-party websites or online services, and these systems and providers may provide some of this information to us. We do not currently process or comply with any web browser’s “do not track” signal or similar mechanisms.
e. Payment Information. Payments are processed by our third party payment provider, NMI, and are subject to their privacy policy and terms of service.
f. International Use. Your personal data will be stored and processed in the United States. If you are using the Services from outside the United States, by your use of the Services you acknowledge that we will transfer your data to, and store your personal data in, the United States, which may have different data protection rules than in your country, and personal data may become accessible as permitted by law in the United States, including to law enforcement and/or national security authorities in the United States.
Modifications and Updates to this Privacy Notice
This Privacy Notice replaces all previous disclosures we may have provided to you about our information practices with respect to the Services. We reserve the right, at any time, to modify, alter, and/or update this Privacy Notice, and any such modifications, alterations, or updates will be effective upon our posting of the revised Privacy Notice. Your continued use of the Services following our posting of any revised Privacy Notice will constitute your acknowledgement of the amended Privacy Notice.
Applicability of this Privacy Notice
This Privacy Notice is subject to the Terms of Use that govern your use of the Services. This Privacy Notice applies regardless of the means used to access or provide information through the Services.
This Privacy Notice applies regardless of the means used to access or provide information through the Services. This Privacy Notice does not apply to information from or about you collected by any third-party services, applications, or advertisements associated with, or websites linked from, the Services. The collection or receipt of your information by such third parties is subject to their own privacy policies, statements, and practices, and under no circumstances are we responsible or liable for any third party’s compliance therewith.
10. Contact Information and Assistance
If you have any questions or concerns about this Privacy Notice and/or how we process personal data, please contact us at: privacy@actentertainment.com
For more information about how users with disabilities can access this Privacy Notice in an alternative format, please contact us through the above contact methods.
Applicant Privacy Notice
This privacy notice (the “Notice”) tells you about ACT Lighting, Inc. d/b/a ACT Entertainment and its subsidiaries and affiliates (including but not limited to Spitfire Creative Technologies, Inc., TV One Limited, and Green Hippo Limited) (together, “ACT”, “we” or “our”) privacy practices governing Personal Data we may process about you during the application process for employment or an internship with us. This Notice is not an employment contract or offer.
In this Notice:
“Applicant” means any natural person who has applied for employment, work, the provision of services or an internship with ACT.
“Consent” means any freely given, specific, informed, and unambiguous indication of your wishes, by which you, by a clear affirmative action, signify agreement to the Processing of your Personal Data.
“Personal Data” means any information that reasonably can be used to directly or indirectly identify you or another living natural person, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Personnel” means owners, directors, employees, interns, consultants, temporary resources, and independent contractors.
“Process” means any operation or set of operations which is performed on Personal Data, whether or not by automated means, including accessing, retrieving, collecting, recording, organizing, structuring, storing, adapting or altering, consulting, modifying, using, disclosing by transmission, transferring, disseminating or otherwise making it available, aligning or combining, restricting, erasing or destroying.
1. Types of Personal Data We Process
We may collect and otherwise Process the following types of Personal Data as part of the application Process:
· Identification Data -
such as name, preferred pronouns, photos, videos and recordings, date of birth and gender.
· Contact Details -
such as email, postal address, and phone number.
· Education and Professional Background Information -
such as academic/professional qualifications, languages spoken, work history, dates of employment, experience, education, degree status, other CV/resumé data, references/referee information, compensation history, where legally permitted, and desired pay.
· Any other information provided through recruiting initiatives -
such as information you provide through a CV, resumé, cover letter, social media (e.g., LinkedIn), interviews, references, questionnaires, position preferences.
· Historical compensation information -
in certain jurisdictions where legally permissible or where you chose to give us voluntarily at the application stage.
· Optional data -
any data you chose to give us voluntarily at the application stage, which could include race, ethnicity, gender, and disability.
We may collect the following information after the shortlisting stage, and before making a final decision to recruit:
· Right to work information -
which may differ by location, including your nationality and immigration status and information from related documents, such as your passport or other identification and immigration information.
· Government identifiers -
government issued identification, such as, drivers’ license and passport details.
· Background check information -
such as credit checks, driving history, criminal history, drug testing, sanctions screening results, where legally permitted, government affiliation, and political contributions (if you are offered a position of employment or an internship with us).
If your application is successful and we offer you a position of employment or an internship, we will require additional information from you including background check information, spouses/emergency contact information, financial information, and so on. ACT will then provide a copy of our Personnel privacy notice and any other applicable information when this data is requested.
2. When We Collect and Process Personal Data
We collect Personal Data when:
· You apply for a role in response to a position listing.
· You speak with us or visit our offices as part of your application.
· You respond to recruiting-related inquiries.
· We or our service providers perform background or reference checks, where legally permitted.
We may collect and process your Personal Data for the following purposes:
1. Assessing your qualifications and/or capability for a particular job, role, or task.
2. Processing pre-employment background checks and drug screening.
3. Managing and tracking work and performance relevant to employment or placement decisions.
4. Conducting performance reviews or determining performance requirements.
5. Developing training requirements and/or establishing or conducting training.
6. Gathering evidence for disciplinary action or termination.
7. Managing and tracking the performance of our business.
8. Administering pay and benefits.
9. Processing employee work-related claims (e.g., workers compensation, insurance claims, etc.).
10. Establishing an emergency contact in the event of an emergency.
11. Complying with applicable labour or employment laws or obligations, including wage and hour laws, tax and withholding obligations, immigration and work authorization laws, or our commitment to equal opportunities, or complying with any other local, state, or federal law.
12. Monitoring compliance with ACT’s policies.
13. Ensuring the health, safety, and security of Personnel, and/or ACT-held information.
14. Access control for various offices, facilities, and building areas.
15. Complying with any duties or obligations that we may owe our Personnel as an employer or any other third parties.
16. Other purposes reasonably required by ACT.
Where you are offered and accept a position, the Personal Data collected during the recruitment process may become part of your personnel record.
3. To Whom We Disclose Applicant Personal Data
We may share your Personal Data for the business purposes described in this Notice with the following parties:
· Affiliates and Subsidiaries: We may share your Personal Data with our affiliates and subsidiaries.
· Service Providers: We may share your Personal Data with service providers, such as recruiters, pre-employment screening services, third-party benefits administrators, payroll processors, background check providers and others.
· Governmental Authorities: As required by law or legal process, we may share your Personal Data with federal or state regulatory agencies, law enforcement, courts, and other governmental authorities.
· Professional Advisors: We may share your Personal Data with our professional advisors, such as auditors and law firms.
· Parties Involved with Business Transfers: We may share your Personal Data to third parties in the event we sell or transfer all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution, or liquidation).
ACT will not disclose your Personal Data to any other third party (other than specified herein) without your Consent unless required to do so by law or regulators and will comply with all applicable local laws.
4. Sources of Personal Data
We collect Personal Data you voluntarily provide to us during the application process or when you otherwise contact us. We may also automatically collect certain Personal Data, such as IP addresses and device identifiers.
We may combine Personal Data you voluntarily provide to us with information we collect from other sources, such as:
· Recruiters;
· Prior employers and professional references;
· Educational institutions;
· Pre-employment screening and background check services;
· Credentialing and licensing organizations;
· Publicly available sources, such as public social media profiles on LinkedIn; and
· Other sources as directed by you.
5. Legal Basis for Processing Personal Data
Where a legal basis or other reason is required by applicable law, Processing Personal Data is:
· Necessary for our legitimate interests in recruiting, which do not override your privacy interests or fundamental rights and freedoms where you are entitled to such protections under applicable law.
· To take steps to undertake an employment or internship contract with you.
· Necessary to comply with our legal and regulatory obligations, such as background screening and records retention.
· For reasons of substantial public interest (i.e., equality and diversity monitoring, preventing, or detecting unlawful acts).
· To establish, exercise and/or defend any legal claims that may be brought by or against us in connection with your recruitment.
· Based on your Consent, which may be withdrawn at any time by contacting us in accordance with the ‘How to Contact Us About This Notice’ section of this Notice. NB. withdrawal of Consent will not necessarily affect the legality of data Processing prior to the withdrawal.
6. Sensitive Personal Data
ACT will only Process sensitive personal data if we have a lawful basis for doing so (as set out in ‘Legal Basis for Processing Personal Data’ above), and if one of the special conditions for Processing sensitive personal data applies:
· You have given explicit consent.
· Processing is necessary for the purposes of exercising the employment law rights or obligations of ACT or yourself.
· Processing is necessary to protect your vital interests, and you are physically incapable of giving consent.
· Processing relates to Personal Data which is manifestly made public by you.
· Processing is necessary for the establishment, exercise, or defence of legal claims.
· Processing is necessary for reasons of substantial public interest.
We will only use your particularly sensitive personal data in the following ways:
· We will use information about your disability status to consider whether we need to provide appropriate adjustments during the recruitment process, for example whether adjustments need to be made during a test or interview.
· We will use information about your race or national or ethnic origin, religious, philosophical, or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.
7. Criminal Records
We will process information about criminal convictions when your specific role or a regulator requires us to do so. We will collect information about your criminal convictions history if we would like to offer you the work or the role (conditional on checks and any other conditions, such as references, being satisfactory).
8. International Transfers of Personal Data
As a global company many business efficiencies can be achieved by consolidating human resources data in centralised databases and systems which may be located in the United States, the United Kingdom or elsewhere, including with third parties who provide recruiting and other services to us. Accordingly, in the ordinary course of business, your Personal Data may be accessed, transferred, or otherwise Processed by our personnel and by third parties anywhere that ACT has a local presence.
If you apply for a position at ACT from outside of the United States, your Personal Data may be Processed by ACT in the United States or in one of our other locations. You understand that in some locations, the information you submit may not be subject to the same legal protection as is mandated in your home country and that the laws regarding privacy, data protection, and confidentiality of Personal Data may not be accorded the same protection as in your home country. ACT will ensure that any Personal Data it transfers will be handled in accordance with good practice and any relevant law and/or regulations, including the standard contractual clauses, as applicable.
9. Data Retention
We keep the Personal Data that we obtain about you during the recruitment process for as long as:
· It is needed to fulfil the purposes stated in this Notice.
· We have a legitimate business purpose that does not outweigh your privacy interests or fundamental rights and freedoms, where protected by law.
If your application is successful, we will keep the recruitment information that is necessary in relation to your employment. We will provide you with a further Personnel privacy notice which, details how long we retain your Personal Data as an employee.
We will normally retain your personal data for a period of six months after we have communicated to you whether your application has been successful or not. We retain your personal data for that period so that we can show, in the event of a legal claim, that we have not discriminated against candidates on prohibited grounds and that we have conducted the recruitment exercise in a fair and transparent way. After this period, we will securely destroy your personal data in accordance with applicable laws and regulations in the relevant jurisdiction.
If we wish to retain your personal data on file, on the basis that a further opportunity may arise in future and we may wish to consider you for that, we will write to you separately, seeking your explicit consent to retain your personal data for a fixed period on that basis. We may also keep a record of your name only for our candidate application records.
10. Am I Required to Provide or Permit You to Process Personal Data?
Providing your Personal Data to us or permitting us to collect it as part of the application process is voluntary. However, should you not provide or permit access to all or part of the information ACT requests, it may not be possible for us to recruit or retain you.
11. Your EEA, UK, and Canadian Rights
If you are located in the European Economic Area (“EEA”), the United Kingdom (“UK”), or Canada, you may have the following Personal Data rights:
· Right to Access: You have the right to be provided with a copy of the Personal Data that we hold about you.
· Right to Rectification: You have the right to request that we correct any errors, outdated information, or omissions in Personal Data that we hold about you.
· Right to Erasure: The right to require us to delete your Personal Data in certain situations.
· Right to Restrict Processing: The right to require us to restrict Processing of your Personal Data in certain circumstances, e.g., if you contest the accuracy of the data.
· Right to Data Portability: The right to receive the Personal Data that we hold about you in a structured, commonly used, and machine-readable format and/or transmit that data to a third party in certain situations.
· Right to Object: The right to object at any time to your Personal Data being Processed for direct marketing (including profiling); in certain other situations to our continued Processing of your Personal Data, e.g., Processing carried out for the purpose of our legitimate interests.
· Right Not to be Subject to Automatic Decision Making: The right not to be subject to a decision based solely on automated Processing (including profiling) that produces legal effects concerning you or similarly significantly affects you.
If you are an EEA or UK resident, you have the right to bring complaints with any relevant data protection or privacy authority (see below for details). In addition, where you have given your Consent, you have the right to withdraw your Consent at any time by contacting us as described in the ‘How to Contact Us About This Notice’ section below, or where applicable, by unsubscribing from any communications to which you have subscribed.
12. Your California Rights
We not “sell” or “share” your Personal Data as those terms are by the California Consumer Privacy Act of 2018 (“CCPA”), as amended by the California Privacy Rights Act of 2020 (“CPRA”).
If you are a California resident, you may have the following Personal Data rights:
· Right to Know: You have the right to request that we disclose certain information to you about the Personal Data we collected, used, disclosed, sold, and shared about you in the past twelve (12) months.
· Data Portability: You have the right to request a copy of Personal Data we have collected and maintained about you in the past twelve (12) months.
· Right to Correct: You have the right to correct inaccurate Personal Data about you. Once we receive and verify your request, we will use commercially reasonable efforts to correct the inaccurate Personal Data about you.
· Right to Deletion: You have the right to request that we delete Personal Data we collected from you and maintained, subject to certain exceptions. Please note that if you request deletion of your Personal Data, we may deny your request or may retain certain elements of your Personal Data as permitted by law
· Right to Limit the Use of Sensitive Personal Data: You have the right to request us to limit the use and disclosure of a certain Sensitive Personal Data. However, we do not use your Sensitive Personal Data in such a manner that would permit such limitation.
· Right to Non-Discrimination: You have the right not to receive discriminatory treatment by us for the exercise of your California privacy rights.
Submitting a Verified California Request
To exercise your California privacy rights, you must provide us with sufficient information to allow us to verify your identity and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Once we receive the information you provide to us, we will review it and determine if more information is necessary to verify your identity as required by law, and we may request additional information in order to do so.
To exercise your California privacy rights described above, please submit a verifiable request to us by:
· Emailing us: hr@actentertainment.com
· Calling us: (800) 255 - 9822
Only you, or a person authorized by you to act on your behalf, may make a request related to your Personal Data. You may only make a request for Right to Know or Data Portability twice within a twelve (12)-month period. The request must:
· Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Data or an authorized representative.
· Given the sensitivity of your Personal Data that we collect and retain, we will need to verify your identity with at least two pieces of information, such as your name (first and last) and address.
· Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
· We may deny your request if we are unable to verify your identity or have reason to believe that the request is fraudulent.
·
Request by an Authorized Agent
If any authorized agent submits a request on your behalf, in order to confirm that person or entity’s authority to act on your behalf and verify the authorized agent’s identity, we require the below items:
· To verify your authorization to request on behalf of a California resident, provide one or more of the following: (1) California Secretary of State authorization, (2) written permission from the California resident, or (3) power of attorney.
· Sufficient information to verify the authorized agent’s identity, depending on the nature of the request.
· To verify the identity of the California resident for whom the request is being made, provide the information set forth above for verification of the consumer request.
We may request additional information to verify your identity and/or authority to make the request. We cannot respond to your request or provide you with Personal Data if we cannot verify your identity or authority to make the request and confirm the Personal Data relates to you. We will only use Personal Data provided in a request to verify the request’s identity or authority to make the request.
We will acknowledge receipt of the request within ten (10) business days of its receipt. We will respond to a verifiable request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable Employee request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For Data Portability requests, we will provide the responsive information in a portable and, to the extent technically feasible, in a readily useable format that allows you to transmit the information to another entity without hindrance.
We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
13. Keeping Your Personal Data Secure
We have appropriate security measures in place with respect to data security and incident response to prevent Personal Data from being accidentally lost or used or accessed in an unauthorized way. We limit access to your Personal Data to those who have a genuine business need to know it. Those Processing your information will do so only in an authorized manner and are subject to a duty of confidentiality.
14. Your Obligations under this Notice
It is critical that you inform us of changes to your Personal Data as soon as possible by contacting us at talent@actentertainment.com. Further, we rely on you to obtain any necessary Consents from your references and/or referees for the Personal Data you provide to us about them.
15. How to Complain
Please contact us if you have any query or concern about our use of your information (see below ‘How to Contact Us About this Notice’).
You also have the right to lodge a complaint with the lead supervisory authority (as applicable) in the UK at https://ico.org.uk/make-a-complaint/ for residents of the United Kingdom, or with the supervisory authority of the country in which you reside or where the alleged infringement takes place, you can find the relevant details at https://www.edpb.europa.eu/about-edpb/about-edpb/members_en.
16. How to Contact Us About This Notice
Should you have questions about this Notice or the Personal Data we collect and process, please contact privacy@actentertainment.com. Please note the specific entity you wish to contact in the subject line of your email.
17. Changes to this Notice
ACT may change this Notice from time to time, in our sole discretion. We will alert you to any material changes to this Notice by posting a new Notice on this site and indicating the date on which the new Notice was posted.
Last reviewed: April 23, 2024