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All Hirers must read and agree to our Terms and Conditions to confirm understanding and acceptance.
In any event, signed or otherwise, hirers will be deemed to have accepted these Terms and Conditions and agree to be bound by them.
“Act” means the Data Protection Act 2018
“Company” means Talent Management Limited trading as Models Direct, registered number 05000150
“Conditions” the terms and conditions set out in this document and any special terms and conditions agreed in writing
“Contract” means the contract for the provision of the Services
“Expenses” means any expenses to be paid calculated in accordance with the rates or charges set out in any scale of charges or as otherwise agreed
“Fees” means the fees set out or calculated in accordance with the rates or charges set out in any applicable rate band or scale of fees (or where no fee has been quoted a reasonable fee) excluding VAT
“Hirer” means the person firm or company requesting the Services in accordance with the Conditions
“Online Publication” means the publication whether in paper or electronic form which is for the purpose of providing the Hirer with information about Talent and his/her Services
“Personal Data” means personal data as defined under the Act
“Profile/s” mean the Talent’s profile (consisting of photograph(s) and/or image(s) and any relevant information including audio/video clips, ePortfolio and CV submitted by the Talent to the Company) which will be posted on the Online Publication
“Regulations” means The Conduct of Employment Agencies and Employment Business Regulations 2003 as amended by The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2010
“Services” means the services to be provided by the Talent particulars of which are specified in writing to the Hirer which the Talent is to carry out in accordance with these Conditions
“Talent” means the person(s) whose details are confirmed in writing
2.1 The Conditions shall apply to the Contract to the exclusion of all other terms and conditions
2.2 No variation to these Conditions (including any special terms and conditions agreed between the parties) shall be binding unless agreed in writing between the Company and the Hirer
2.3 Any representations made by the Company’s employees or agents concerning the Talent or the Services shall not be incorporated into the Contract unless confirmed in writing by the Company and in entering into the Contract the Hirer acknowledges that it does not rely on and waives any claim for breach of any such representations which are not so confirmed
2.4 The Company will give the Hirer permission to access the Online Publication to view the Profiles with a view of the Hirer procuring the Services of Talent.
2.4 Any quotation given by the Company may be withdrawn at any time prior to acceptance by the Hirer and in any event shall lapse after 14 days
2.5 Any typographical clerical or other error or omission in any website including the Online Publication and the Profiles or other documentation issued by the Company shall be subject to correction without any liability on the part of the Company
2.6 The Company reserves the right to make changes in the specification of the Services which do not materially affect their quality or performance
2.7 Any alteration to the Contract specification required by the Hirer must be notified to the Company promptly in which case the Company may accept such alteration (subject to any increase in the Fees to reflect the alteration) at its sole discretion
3.1 The Hirer acknowledges and agrees that the Company is an employment agency as defined in section 13(1) and (2) of Employment Agencies Act 1973.
3.2 The Company shall not be deemed to act as an Employment Business (as defined by reference to section 13(1) and (2) of Employment Agencies Act 1973)
3.3 The Hirer acknowledges and agrees that the Company is authorised by the Talent to negotiate and conclude the Contract on behalf of the Talent in respect of the Services and although the Company will use its reasonable endeavours to ensure that the Talent shall provide and perform the Services in accordance with these Conditions the Company shall not be liable for any default of the Talent under this Contract
3.4 The parties acknowledge and agree that nothing in this Contract shall create or be deemed to create or imply the relationship of employer and employee between the Talent and the Hirer
3.5 The Company shall procure that the Talent shall warrant that the Services to be provided by the Talent shall be performed with reasonable skill and care and in accordance with these Conditions and the Talent shall:
(a) provide the Services strictly in accordance with these Conditions
(b) comply with all rules and regulations and agreements relating to safety fire prevention or general administration that may be enforced at any place where the Services are to be performed
(c) ensure that any equipment provided by the Talent in connection with the performance of the Services is safe properly maintained and certified as appropriate
(d) not permit any act which might prejudice or damage the reputation of the Company
(e) obey the lawful and reasonable instructions of the Hirer
(f) provide the Hirer with full details of any special facilities or equipment required by the Talent in connection with the Services
(g) promptly inform the Hirer of any event likely to affect the provision of Services by the Talent
3.6 The Hirer shall:
(a) provide the Company and the Talent with such information as may be necessary in connection with the provision of the Services. In particular the Hirer will provide the Company and the Talent with the information as is required by regulation 18 of the Regulations.
(b) ensure that the location at which the Services are to be performed comply with all relevant health and safety requirements
(c) provide the Talent with such meals and refreshments as may be reasonably required
(d) make available such facilities as may be reasonably required by the Talent and the Company
(e) maintain public liability insurance and such other insurance for such sums as may be appropriate
(f) ensure that a responsible adult is present at all time where the Talent performs the Services for persons under the age of 18
(g) ensure that all appropriate licences are obtained in connection with the performance of the Services
(h) direct all requests for information and contact the Talent only through the Company unless otherwise agreed by the Company
3.7 The Hirer shall at all times comply fully with its obligations under the Act in relation to all Personal Data that is used access or processed by the Hirer under these Conditions
3.8 The Hirer shall not without the consent in writing of a duly authorised representative of the Company expose, reveal or make public any information in connection with the business of the Company or these Terms and Conditions, all of which information is to be regarded by the Hirer as of a strictly confidential nature
3.9 Unless required to do so in order to conform to legal requirements or comply with legal process the Hirer shall not (and shall procure that its employees shall not) at any time disclose any of the Talent’s Personal Data to any person or legal entity for any purpose outside the course of the performance of the Talent’s obligations under these Conditions.
3.10 The Hirer agrees that for a period of 12 months from the date of performance of the Services all re-engagements of the Talent shall be negotiated with the Company
3.11 Save as where agreed otherwise between the Company and the Hirer, payment of the Fees will entitle the Hirer to use images (which includes, without limitation, photographs, recordings or audio) of the Talent generated pursuant to the Services for one year from the date of the Contract. Any use beyond this will require payment by the Hirer to the Company of a sum to be agreed between the parties (and in the absence of agreement, the use is not permitted). The Hirer shall procure that any photographer or third party it engages during the course of the Services shall honour and be bound by this clause 3.11
3.12 The Hirer shall not obtain any rights of any kind in or rights to use any materials provided by the Company the Talent or others in connection with the performance of the Services unless expressly agreed in writing. The Hirer agrees that it will provide, upon demand and without charge, a copy of any photographs, audio or recordings taken of the Talent
3.13 The Hirer acknowledges and agrees to only access and use the Online Publication for its proper purpose which is to examine the Profiles with a view to procuring the Services of Talent
3.14 The Hirer acknowledges that following the expiry of the Services the Company may refer to details of the Contract and the Services for PR purposes unless confidentiality terms have been agreed between the parties otherwise prior to the Services being performed
4.1 The Hirer shall pay Fees Expenses and VAT (if applicable) in cleared funds on the Company’s acceptance of the booking. Time of payment for the Services shall be of the essence and must be paid in advance of the Services.
4.2 If the Hirer fails to make payment on the day that the Company accepts the booking then without prejudice to any other right or remedy available to it the Company shall be entitled to
(a) cancel the Contract and/or suspend any further performance of the Services (whether under this Contract or any other contract with the Hirer)
(b) charge the Hirer interest at the rate of 5% per annum above Barclays Bank Plc base rate from time to time until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest)
5.1 Any warranty given by the Talent or the Company in respect of the Services supplied shall be subject to the following conditions:
(a) neither the Talent or the Company shall be under any liability in respect of any default arising from the Hirer’s negligence or abnormal working conditions
(b) neither the Talent or the Company shall be under any liability under any warranty or condition if the Fees Expenses and VAT (if applicable) have not been paid by the Due Date
(c) neither the Talent or the Company shall be under any liability under any warranty or condition for any alleged default of the Talent or any complaint concerning the Services where full details of such default or complaint have not been notified in writing to the Company within 24 hours of completion of the Services; and
(d) the Company (whilst it shall use reasonable endeavours to ensure that Talent shall be appropriate for the Services and will attend punctually and appropriately) is not liable for any failure on the part of the Talent or any misconduct
5.2 Any liability of the Talent or the Company hereunder (except in respect of death or personal injury caused by the negligence of the Talent or the Company) for any delay in performing or any failure to perform any of the Talent’s or the Company’s obligations in relation to the Services shall be limited to the excess (if any) of the cost to the Hirer in the cheapest available market of similar Services to replace those not performed over the Fees
5.3 Subject as expressly provided in these Conditions all warranties conditions or other terms implied by statute or common law are extended to the fullest extent permitted by Law
5.4 Nothing contained herein is intended nor will limit the liability of the parties in respect of death or personal injury caused by any of the parties
5.5 Where the Services are supplied under a Consumer Transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Hirer are not affected by the Conditions
6.1 Without prejudice to any other right or remedy available to it the Company shall be entitled to cancel the Contract or suspend any further performance under the Contract without any liability on the part of the Company or the Talent in the event that:
(a) the Hirer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or a firm) becomes bankrupt or goes into liquidation (otherwise for the purposes of amalgamation or reconstruction); or
(b) an encumbrancer takes possession or a receiver is appointed of any of the property or assets of the Hirer
(c) the Hirer ceases or threatens to cease to carry on business; or
6.2 The Hirer shall not be entitled to cancel the Contract without the prior written agreement of the Company and any cancellation shall be subject to the Hirer indemnifying the Company in full in respect of all costs incurred and (where any assignment is for a period of less than 3 days) paying the Fees in respect of the Services in full if cancellation occurs without good reason within 24 hours of the intended start time for the performance of the Services. Where an assignment is due to last for more than 3 days the Fees in respect of the Services shall be payable in full if cancellation occurs within a period equal in length (including working days only) to that of the intended assignment
6.3 Except as otherwise provided in the event that the Talent is unable or unwilling to provide the Services the Company shall be entitled to cancel the Contract. In such circumstances the Hirer shall be entitled to a refund of the Fees or shall be under no obligation to make any further payment in respect of the Fees unless any part of the payment made or due relates to Services which have been performed prior to the date of cancellation in which case the Company shall be entitled to be paid such amounts as may be applicable to such part of the Services which have been performed prior to the date of cancellation
6.4 Either the Company or the Hirer shall be entitled to cancel the Contract or suspend performance under the Contract (where the Company consents) in the event the Talent is unable to provide the Services as a result of weather conditions. In such circumstances the Hirer shall be liable for 50% of the Fees and VAT together with such additional costs as may be agreed in respect of any re-scheduled booking except where the Company is able to prevent the Talent’s attendance without cost in which case the date for performance of the Services shall be deemed to have been varied. In the event that any re-scheduled booking is cancelled by the parties as a result of weather conditions the Fees Expenses and VAT shall be due and payable and the Company shall not be obliged to further re-schedule any booking
Neither party shall be liable for any delay in performing or failure to perform (other than a payment obligation) due to any act of god war strike lock-out industrial action fire flood drought tempest or any other event beyond the reasonable control of either party. Such delay or failure will not constitute a breach of this Contract
8.1 The Talent is self-employed and shall be responsible for his/her own National Insurance and Income Tax
8.2 The Company shall be entitled to perform its obligations hereunder through its employees agents or sub-contractors
8.3 The headings in the Conditions are for convenience only and shall not affect their interpretation
8.4 No waiver by the any party of any breach of the Contract by any other party shall be considered as a waiver of any subsequent breach of the same or other provision
8.5 If any provisions of these Conditions are held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby
8.6 Save as otherwise provided nothing in this Contract shall confer on any third party any benefit of the right to enforce any terms of this Contract
8.7 The Contract shall be governed by the laws of England and subject to the jurisdiction of the English Courts
I have read and understood these Terms and Conditions set out above and agree to be bound by them.
WEBSITE PRIVACY POLICY
Introduction
Welcome to the Models Direct privacy policy.
Talent Management Limited (trading as Models Direct), along with the other entities in our group, shall be referred to as “we”, “us”, “our” throughout this privacy policy.
We respect your privacy and are committed to protecting your personal data. This privacy policy will inform you as to how we collect, use, handle and disclose your personal data when you visit our website (regardless of where you visit it from), as well as tell you about your privacy rights and how the law protects you. If you need any more information about our data protection practices, please contact us using the details below.
This privacy policy deals with the matters set out below.
Please use the Glossary to understand the meaning of some of the terms used in this privacy policy, including “personal data” and “personal information”.
Purpose of this privacy policy
This privacy policy aims to give you information on how we collect and process your personal data, including any personal data you may provide when you visit our website, contact us about our services or make any other enquiry with us. Please see the Glossary section of this privacy policy for an explanation of the meaning of “personal data”.
It is important that you read this privacy policy together with any other privacy notice/policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you, so that you are fully aware of how and why we are using your data. This privacy policy supplements the other notices and is not intended to override them. In particular, if you are applying to be a model with us, or you are already a model with us, please see our Privacy Notice (Models), which can be found here: www.talentmanagement.com/terms/
Controller
We are the controller and are responsible for your personal data.
Our group of companies is made up of different legal entities, including International Talent Limited and Models Direct Limited. This privacy policy is issued on behalf of our group so references to “we”, “us” and “our” in this privacy policy will include the relevant entity in our group responsible for processing your data. Where this applies, we will let you know which entity will be the controller of your data when you use our website, or otherwise engage with us or our services.
We have appointed a Data Protection Officer who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights (see paragraph 9 below), please contact the Data Protection Officer using the details set out below.
Contact details
Name of data protection officer: Andrew Simmons
Email address: dataprotection@talentmanagement.com
Postal address: Unit 6a Longs Business Centre, 232 Fakenham Road, Taverham, Norwich NR8 6QW
Telephone number: 01603 895072
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Changes to this privacy policy and your duty to inform us of changes
This version of this privacy policy was last updated in January 2023.
Data protection law in the UK recently changed on 1 January 2021, following the UK’s exit from the EU. As a result, the UK alone is now responsible for setting the legal requirements and obligations which organisations must follow with respect to data protection. Due to this transition, the legal framework for data protection in the UK is continually developing. Although this privacy policy sets out most of your rights under the UK’s data protection laws, we may need to amend this policy, make changes to our working practices, or delay our responses to any enquiries you make (where we are allowed to do so), as the UK’s data protection requirements develop.
We reserve the right to change this privacy policy from time to time, so please check back regularly to obtain the latest copy.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Third-party links
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.
We adhere to the principles set out in data protection legislation when handling personal data. These principles require personal data to be:
We are also responsible and accountable for ensuring that we can demonstrate compliance with the data protection principles listed above.
We may collect, use, store and transfer different kinds of personal data about you. The personal data that we collect and process will broadly fall into the following categories:
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate data about usage of the website to calculate the percentage of users accessing a specific website feature. Likewise, we may aggregate data that we collect on persons seeking a specific criteria for models, or using certain services, in order to produce certain reports. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.
We do not collect any Special Categories of Personal Data about you (as defined in the Glossary) through the website.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you (for example, where need your personal data to administer a contract with you, or an account on our website) and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you. In this case, we may have to cancel a service you have requested from us, but we will notify you if this is the case at the time.
The below provides a summary of how we collect and process your personal data:
|
Types of data |
Collection |
How and why we process your data |
Lawful basis for processing |
|
Contact details of clients |
Collected through direct interaction, such as completing an application form or order |
For the purposes of administering your contract or account, providing information about us or our services, taking payment |
Performance of a contract with you |
|
Information provided when you complete a booking enquiry form |
Collected using the booking enquiry form at: www.modelsdirect.com/search/request/ |
For the purposes of administering and responding to your booking enquiry |
Performance of a contract with you / Our legitimate interests |
|
Information provided when you complete a general “contact us” form |
Collected using the “contact us” form at: www.modelsdirect.com/contact |
For the purposes of administering and responding to your contact request |
Performance of a contract with you / Our legitimate interests |
Note that we may process your personal data based on more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table above.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
See below to find out more about the types of lawful basis that we will rely on to process your personal data.
Promotional offers from us
You will receive marketing communications from us if you have requested information from us or if you provided us with your details when you entering into a transaction with us and, in each case, you have not opted out of receiving that marketing. There is also a link to unsubscribe from our communications which be found at the bottom of our emails.
Third-party marketing
We will get your express opt-in consent before we share your personal data with any organisation outside of ours for marketing purposes.
Opting out
You can ask us or third parties to stop sending you marketing messages by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data that we need to collect or process in relation to services that we are providing, or have provided, to you.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
We do not and will not sell your personal data to any third party.
We share your personal data with members of our group of companies. This may involve transferring your data outside of the UK.
Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
Please contact us if you want further information on the specific mechanisms used by us when transferring your personal data out of the UK.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting and other requirements.
Details of retention periods for different aspects of your personal data are available on request by contacting us.
Under certain circumstances, you have rights under data protection laws in relation to your personal data (as set out in more detail below), including the right to:
If you wish to exercise any of the rights set out above, please contact us.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
Special Categories of Personal Data means information revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data, and personal relating to criminal offences and convictions.
LAWFUL BASIS
Legitimate interest means the interest of our organisation in conducting and managing our organisation to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
THIRD PARTIES
External Third Parties
YOUR LEGAL RIGHTS
You have the right to:
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
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© Talent Management Ltd trading as Models Direct
Registered Company No. 05000150. modelsdirect.com / talentmanagement.com
First registered 1990. Trade Mark registration number: 004057568