Colt Talent Privacy Notice
1. Introduction
1.1. In order to deliver the Agency’s services/brands/products and to give You the best possible experience whilst using the Website , the Agency will need to collect and process some of your Personal Information. In doing so, the Agency is committed to safeguarding your privacy and the security of your Personal Information. 1.2. You are not required to provide any Personal Information on the public areas of the Website. However, you may choose to do so by completing a registration form, accepting an Offer of Representation or the application forms on various sections of the Website, including to make contact in respect of any questions you may have about this privacy notice (“Notice”).2. This Notice
2.1. Please read this Notice to understand how we collect and use your information. 2.2. This Notice sets out the essential details relating to the Personal Information that the Agency processes about you. It explains the rights, obligations and acknowledgements of both the Agency and you. The terms governing the Agency’s Representation of you in terms of the Contract are defined in our terms and conditions (the "Terms and Conditions "). 2.3. If there are any changes to the Agency’s data processing practices or to this Notice, the updated Notice will be made available on our website at https://colttalent.com/ and will be applicable to Your use of our services/brands/products from the date of publication. 2.4. By accepting this Notice, You agree to the Agency Processing your Personal Information for the purposes set out in this Notice, including providing you with access to the Website and the Website’s content, in accordance with the terms of this Notice and applicable laws, including POPIA.3. DEFINITIONS
The following expressions shall have the following meanings: 3.1. “Agency”, "we", "us" and "our" means Colt Talent cc, a close corporation formed and carrying on business in accordance with the company laws of South Africa. 3.2. “Artiste” means the applicant (or the signatory parent/guardian, in the event that the applicant is a minor) who accepts the Agency’s Offer of Representation; 3.3. “Client” means any third party, individual, partnership, company or other organisation or entity which contracts with the Agency with a view to procuring the services of the Artiste in respect of an Assignment; 3.4. “Competent Person” means ‘Competent Person’ as that term is defined in POPIA, being any person who is legally competent to consent to any action or decision being taken in respect of any matter concerning a child; 3.5. “Consent” means ‘consent’ as that term is defined in POPIA, being any voluntary, specific and informed. 3.6. “Contract” means the accepted Offer of Representation concluded between the Agency and the Artiste in terms of which, inter alia, the Artiste appoints the Agency to represent the Artiste and render the agency services incorporating these Terms and Conditions; 3.7. expression of will in terms of which permission is given for the processing of personal information; 3.8. “Offer of Representation” means an offer made to an Artiste by the Agency to represent the Artiste for the Term subject at all times to the Terms and Conditions below with a view to securing Assignments with Clients; 3.9. “Personal Information” means ‘personal information’ as that term is defined in POPIA, being, information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to: (a) information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person; (b) information relating to the education or the medical, financial, criminal or employment history of the person; (c) any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person; (d) the biometric information of the person; (e) the personal opinions, views or preferences of the person; (f) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; (g) the views or opinions of another individual about the person; and (h) the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person; 3.10. “POPIA” means the Protection of Personal Information Act 4 or 2013, as amended; 3.11. “Processing” means ‘processing’ as that term is defined in POPIA, being, any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including— (a) the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use; (b) dissemination by means of transmission, distribution or making available in any other form; or (c) merging, linking, as well as restriction, degradation, erasure or destruction of information; 3.12. “Representation” means the representation provided by the Agency to the Artiste upon acceptance of the Offer of Representation and these Terms and Conditions; 3.13. “Special Personal Information” means ‘special personal information’ as that term is defined in POPIA, being the process of personal information concerning— (a) the religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life or biometric information of a data subject; or (b) the criminal behaviour of a data subject to the extent that such information relates to— i. the alleged commission by a data subject of any offence; or ii. any proceedings in respect of any offence allegedly committed by a data subject or the disposal of such proceedings. 3.14. “Website” means the website of the Agency currently hosted at colttalent.com, as the Agency may choose to use from time to time; and 3.15. “you”, “your”, “user”, “data subject” means you the person who accesses and uses the Website for any reason and/or who is an Artiste whom we Represent4. .SCOPE OF OUR PRIVACY NOTICE
4.1. Our Notice applies to all Personal Information we collect, use, share or otherwise process through our business activities, both online and offline, which display, link or refer to this Privacy Notice, including (but not limited to): 4.1.1. our official social media pages; 4.1.2. our e-mails; 4.1.3. your conversations or correspondence with our representatives. 4.1.4. Third party casting online databases and portals 4.2. Throughout this Notice, we will refer to our interaction and activities as "Services". You should be aware of the fact that in rendering Services there may be third party involvement which are not controlled by us and which are not covered by this Notice. We have no responsibility or liability for the content and activities of these third parties. As these third parties may collect your Personal Information, we suggest that you consult the privacy policies of these third parties to learn more about their use of your Personal Information. Further, when using our Services, please always also read our Terms and Conditions.5. FAIR AND LAWFUL PROCESSING
5.1. You Consent to your Personal Information being Processed by the Agency, being stored by the Agency and used by the Agency for the purposes specified in this Notice. 5.2. We only collect, use, disclose or otherwise Process your Personal Information where it is fair and lawful to do so. In many cases providing your Personal Information to us is necessary for the performance of your Contract with us; if you do not wish to provide your Personal Information to us, we may not be able to provide you with the products and services you have requested from us.6. COLLECTION AND ACCURACY OF PERSONAL INFORMATION
6.1. Personal Information obtained from you directly Firstly, we may obtain your Personal Information from you directly, e.g. when you request our services, sign up for our newsletters, register on our Website, accept an Offer of Representation, fill out a survey, make a comment or enquiry, post something on our social media pages, subscribe to direct marketing etc. Personal Information collected this way may include: - name; - address; - e-mail address; - username; - telephone number (and recordings when you call our consumer line); - bank account or other payment information; - age; - date of birth; - gender; - racial information - sexual orientation - disability - household information; - medical information - information, feedback or content you provide regarding your marketing preferences; - user-generated content, posts and other content you submit to our Website; - in limited circumstances, information about your family or other individuals that you have provided to us. In such cases, we assume that you have the authority to share any personal information your provide to us about them; - in limited circumstances based on your explicit Consent or for carrying out our legal obligations or if necessary, for reasons of substantial public interest, Sensitive Personal Information such as information relating to your image, health (including information related to product usage and medical history), sexual life (and related behaviour) and biometrics collected during volunteer consumer research studies (such as facial expression recognition, heart rate and skin condition); - demographic information; or - any other Personal Information you voluntarily provide us with directly. 6.2. Personal Information collected automatically Secondly, some Personal Information may be collected automatically when you visit or use our Websites (and those of our third-party service providers acting on our behalf), such as information collected by cookies and other technologies (such as web analytic tools and pixel tags) on our Websites. Please also consult our Cookies Policy for more information on how we make use of cookies and other automated means of data collection. Personal Information collected this way may include: - information about your (mobile) device or your type of browser; - information about the way you use our websites, such as details of the web pages you have viewed, the banners and the hyperlinks you have clicked, etc.; - whether you have opened e-mails sent by us to you; - the websites you have visited before arriving at one of our websites; - your IP address; - the hyperlinks you have clicked; - your username, profile picture, gender, networks and any other information you choose to share when using third party sites (such as when you use the “Like” functionality on Facebook or the +1 functionality on Google+); - information you choose to share by using social media tools incorporated in our websites or using your social media log-in details to access certain of our product sites or applications; and - information you share with us about your location. Where we are required to do so under POPI, we will only use that information where you have agreed that we can. 6.3. Personal Information obtained from other sources Lastly, we may also collect Personal Information about you from other sources. These other sources may include: - our trusted business partners; - social media sites; - consumer research organisations, which may include your interests such as hobbies and pets, consumer and market research data, purchase behaviour, publicly observed data or activities such as blogs, videos, internet postings and user generated content. 6.4. Accuracy 6.4.1. Whilst the Agency will make all effort to ensure the integrity and accuracy of your Personal Information, this may not at all times be possible. Following this, you accept the responsibility for the accuracy of the Personal Information you provide to the Agency and for keeping your Personal Information up to date, and you undertake to inform us of any changes to your Personal Information. We do not accept any liability arising from any inaccuracy or omission in any of the information on our websites or any liability in respect of information on our websites supplied by you, any other website user or any person. 6.4.2. You have the right to request that the Agency corrects any inaccuracies in or to any such Personal Information. Please contact us using the information provided in the "Enquiries" section of this Notice to the correction of inaccuracies in or to any such Personal Information.7. PURPOSE FOR WHICH YOUR PERSONAL INFORMATION IS COLLECTED
7.1. Subject to paragraph 7.2, we will only use the Personal Information You provide to for the following purposes: 7.1.1. to deliver the Service effectively to you and to help resolve issues you may experience with the Service; 7.1.2. to ensure that the Service and its content is presented in the most effective manner for you and for your mobile device or computer; 7.1.3. to analyse the ways in which you use the Service to ensure you get the best experience; 7.1.4. to carry out our obligations arising from any contracts entered into between you and us; 7.1.5. to allow you to participate in interactive features of our Service, when you choose to do so; 7.1.6. to notify you about changes to our Service; 7.1.7. to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes; 7.1.8. to enforce our Terms and Conditions and other legal rights; 7.1.9. to comply with applicable legal requirements, industry standards and our policies; 7.1.10. to ensure our Website relevant to your needs; 7.1.11. to help us create and publish content most relevant to you; 7.1.12. to allow you access to limited-entry areas of our Website as appropriate; and 7.1.13. to ensure compliance with the Department of Labour’s Basic Conditions of Employment Act, No. 75 of 1977: Sectoral Determination 10 (Children in the performance of advertising, artistic and cultural activities, South Africa). 7.2. Should the specific purpose for which your Personal Information is collected differ to that specified in paragraph 7.1, such purpose will be communicated to you when the information is requested. 7.3. The Agency will only Process Personal Information for a purpose consistent with the purpose for which it is collected, and to which you have Consented. 7.4. The Electronic Communications and Transactions Act 25 of 2002, permits the Agency to use personal information collected to compile profiles for statistical purposes. No information contained in the profiles or statistics will be able to be linked to any specific user.8. SHARING OF YOUR PERSONAL INFORMATION
8.1. the Agency maintains a database of Personal Information for all user profiles of Artistes registered with the Agency. In Representing Artistes: 8.1.1. the Agency shares relevant Personal Information (including user photos, contact details and worker information) with Clients and production companies; 8.1.2. When an Artiste is confirmed on an engagement, the Agency will share compliance information on a need basis with the Client 8.2. Subject to clause 8.1, the Agency will only disclose Your Personal Information to a third party with Your written consent and to government and law enforcement agencies, where the law requires that we disclose your Personal Information to a party.9. YOUR RIGHTS
You have the right to: 9.1. object to the processing of your Personal Information at any time, on reasonable grounds, unless the processing is required by law; 9.2. withdraw your consent for the Agency to process your Personal Information at any time; and 9.3. request that we correct, destroy or delete any of your Personal Information that the Agency have processed in accordance with this Notice.10. RETENTION AND DELETION OF YOUR PERSONAL INFORMATION
10.1. the Agency will not retain Your Personal Information longer than is necessary to achieve the purpose for which the information was initially collected, or subsequently Processed unless we are required to do so by law. 10.2. If you request, the Agency will delete or anonymise your Personal Information so that it no longer identifies You, unless we are legally allowed or required to maintain certain personal data, including situations such as the following: 10.2.1. where the Agency is required to retain the Personal Information for our legal, tax, audit, and accounting obligations, the Agency will retain the necessary Personal Information for the period required by applicable law; and/or, 10.2.2. where necessary for the Agency’s legitimate business interests such as fraud prevention or to maintain the legitimacy of the services offered by of the Agency.11. ANONYMOUS DATA COLLECTION
11.1. The Agency may use tools to collect information about the use of the Website. The technology is not able to identify individual users but allows the Agency to collect usage statistics. 11.2. The Agency may utilise temporary or session cookies to keep track of Your browsing habits. A cookie is a small file that is placed on your hard drive to keep a record of your interaction with the Website and facilitate user convenience. 11.3. Cookies will not be used to identify users personally but may be used to compile anonymised statistics relating to use of services or to provide the Agency with feedback on the performance of the Website. 11.4. The following classes of information may be collected in respect of Users who have enabled cookies: 11.4.1. Hardware devices or browser software used; 11.4.2. IP address or geographic location; 11.4.3. Date and time of activities while visiting the website; 11.4.4. URLs of internal pages visited; and 11.4.5. referrers. 11.5. You can, at any time, delete cookies in the security settings of your browser. You can also configure your browser settings in accordance with your personal demands and, for example, decline all cookies. However, non-acceptance or deletion of cookies may limit the functionality of the Website.12. SECURITY
The Agency is committed to protecting Your Personal Information. the Agency implements appropriate technical and organisational measures to help protect the security and integrity of your Personal Information and routinely review them.13. TRANSFER OF YOUR PERSONAL INFORMATION OUT OF SOUTH AFRICA
the Agency subcontracts the hosting of data (including Your Personal Information) to third parties which may have servers located in countries other than South Africa. The Agency will, in these cases, ensure that standard contractual clauses are agreed upon with these parties so as to ensure protection of your Personal Information.14. LINKS TO OTHER WEBSITES
14.1. We cannot control or be held responsible for the privacy practices of any third party websites to which hyperlinks may have been provided. 14.2. If you click on a third-party hyperlink please understand that you are leaving the Website and any personal data you provide will not be covered by this Notice. the Agency strongly recommends that you review the privacy policy of any website you visit before using it further.15. PERSONAL INFORMATION OF CHILDREN
15.1. Where the Artiste is a minor child or child the Agency only collects Personal Information directly from the relevant Competent Person via our website, email or telephonically. We will not collect any Personal Information about a minor child or child from any third party unless we have obtained your consent (as the Competent Person) to do so. 15.2. If you are a parent of a child under the of 18 years and become aware that your child has provided personal data to the Agency, please contact us using the information provided in the "Enquiries" section of this Notice, and you may request exercise of your applicable rights detailed in the ‘Your Rights’' paragraph 9 of this Notice. 15.3. If the Agency learns learn that we have collected the Personal Information of a child under the age of 18 years without a Competent Person’s Consent, the Agency will take reasonable steps to delete the Personal Information.16. CHANGES TO THIS NOTICE
16.1. the Agency may occasionally make changes to this Notice. The applicable version of this Notice will always be accessible at https://colttalent.com/ 16.2. If the Agency makes material changes to this Notice, You will be provided with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice on the Website or by sending you an email. We may notify you in advance. 16.3. Please read any such notice carefully.17. ENQUIRIES
17.1. If you have any queries about this Notice you are welcome to send us an email to This email address is being protected from spambots. You need JavaScript enabled to view it. or postal mail to: Colt Talent CC, PO Box 30258, Tokai, 7966 17.2. Colt Talent CC is the Responsible Party for the purposes of the Personal Information processed under this Notice. This Privacy Notice was last updated on 26 April 2023.