2.1 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).
2.2 “Sensitive Personal Information” 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 Information relating to criminal offences and convictions.
Any capitalized term used, but not defined herein, shall have the definition ascribed in the Conditions.
3.1 The Site may collect and use information provided by you to the Site including, without limitation, the following (“Personal Information”):
3.1.1 Profile Information: Includes certain profile information provided by you, including, but not limited to, your name, username, password, email address, phone number, mailing address, scheduling and availability information, photographs, videos, physical description, training, work samples, resume, and professional credentials.
3.1.2. User Content: Includes all information and materials you provide, submit, or post to or through the Application.
3.3. Data protection principles - When handling Personal Information, Dance Hypha adheres to the following principles that Personal Information shall be:
3.3.1. processed lawfully, fairly and in a transparent manner;
3.3.2. collected only for specified, explicit and legitimate purposes;
3.3.3. adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed;
3.3.4. accurate and where necessary kept up to date;
3.3.5. not kept in a form which permits identification of data subjects for longer than is necessary for the purposes for which the Personal Information is processed;
3.3.6. processed in a manner that works to protect security using appropriate technical and organizational measures to protect against unauthorized or unlawful processing and against accidental loss, destruction or damage;
3.3.7. not transferred to another country without appropriate safeguards being in place; and
3.3.8. made available to data subjects and allow data subjects to exercise certain rights in relation to their Personal Information.
We are also responsible and accountable for ensuring that we can demonstrate compliance with the data protection principles listed above.
3.4 Use of Information
3.4.1. All Personal Information provided including profile information and user content provided and relating to the Site will be treated as confidential information by Dance Hypha. Dance Hypha will not disclose any Personal Information or materials provided by you to the Application to any third party except as set out in the Conditions or herein, or unless authorized by you, and such Personal Information will be used by Dance Hypha for internal purposes such as to tailor programs and content, and to address the needs of authorized Users. However, you understand and agree that, by using the Application, Dance Hypha may use your Personal Information to contact you to provide information regarding its products and services, as well as events. Dance Hypha may also use your User Content to promote and bring awareness to the Application, the Services and User profiles. Should you wish to opt out of the use of your Personal Information for marketing purposes, you may contact Dance Hypha to indicate your desire to opt out. You own and will continue to own all of the Personal Information provided by you to the Application, and you may add, change, or remove your Personal Information from the Application at any time.
3.4.2. We may collect, use, store and transfer different kinds of Personal Information about you. We collect and process Personal Information about you when you:
3.4.3. We will use the Personal Information you provide to us for the following purposes:
3.4.4 We may also use some of your Personal Information to compile, use, and share aggregated data such as statistical or demographic data for any purpose. Aggregated data is typically anonymized and is therefore not considered Personal Information under the Applicable Laws, as it does not directly or indirectly reveal your identity. For example, we may combine Application use information from you and other users to analyze the popularity of certain features of the Application. However, if we use your Personal Information to compile aggregated data in a manner that directly or indirectly identifies you, we will treat the aggregated data in the same manner as Personal Information in accordance with these Conditions.
3.4.5 We do not knowingly collect or process any sensitive Personal Information about you. Please do not provide us with any sensitive Personal Information through the Site. If we become aware that we have collected sensitive Personal Information, we will use our reasonable efforts to delete that information as quickly as possible.
3.5. Failure to provide Personal Information - Where we need to collect Personal Information by law, or in order to give you access to the Application, our Services, or part thereof, and you fail to provide that information when requested, we may not be able to give you access to the Application or Services.
3.6.1. We will contact you by e-mail or text message for marketing purposes and consider your subscription for the Application and the Services as an opt-in consent for such marketing messages. You can ask us or third parties to stop sending you marketing messages by contacting us at any time or by clicking the “unsubscribe” button in the relevant e-mail.
3.6.2. We will not share your information for marketing purposes with any company or other entity outside of Dance Hypha or its affiliates and subsidiaries, unless we have your opt-in consent to do so.
3.6.3. We do not and will not sell any of your Personal Information to any third party. 3.7. User Content Displayed to Public - If you submit User Content to the Application, your username and other information you include is displayed in your reviews, postings, comments, etc., and is therefore available to the public. All of your activities in the public areas of the Application will be identified by your username, and other Users can see your published profile content. When you register through the Application and submit Personal Information to create a user account profile, other Users will see your name. If you choose to provide additional Personal Information in your profile, other users will see that additional Personal Information, including, but not limited to, your email address, phone number, mailing address, scheduling and availability information, photographs, videos, physical description, training, work samples, resume, professional credentials and biography. Providing additional Personal Information is voluntary. We recommend that you avoid disclosing any information you consider sensitive and confidential. In certain cases the Application allows Users to provide ratings and reviews of other Users, and such information will be published on the areas of the Application visible to registered Users. When completing an evaluation survey after a casting or booking, comments designated as “public” may be visible to all members of the public, regardless of whether they are registered Users or not. Regarding comments designated as “private”, we make reasonable efforts to maintain the confidentiality of these comments although we make no warranty or guarantee that these comments might not be made inadvertently public.
3.7 We comply with the GDPR and any data held by us is held on the following basis provided in the GDPR: consent, contract, legal obligation, vital interests, public task or legitimate interest and is only such data typically name, email,phone number and address- necessary for us to contact you and payment details if we pay money to you. If you have any issues or would like to read our data protection policy or object to us holding your data and would like us to delete it please email email@example.com.
3.8. Change of purpose
3.8.1. We will only use your Personal Information 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.
3.8.2. If we need to use your Personal Information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
3.8.3. Please note that we may process your Personal Information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
3.9.2. You can delete cookies stored on your computer or change your privacy settings at any time via your browser settings.
3.9.3. You may be able to change the preferences on your browser or device to prevent or limit your computer’s or device’s acceptance of cookies, but doing so may negatively affect the functionality of the Site and the Services.
4.1. We will aim to protect your Personal Information, including the confidentiality, security, and integrity of data stored on its systems. Only those employees, agents, contractors, and other third parties who need access to your Personal Information in order to perform their duties are allowed such access. They will only process your Personal Information on our instructions and they are subject to a duty of confidentiality.
4.2. We have put in place procedures to deal with any suspected Personal Information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
5.1. Dance Hypha may disclose your Personal Information without your knowledge or consent in certain circumstances. Dance Hypha may disclose information when we, in our sole discretion, deem it necessary in order to protect our rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply the Conditions.
5.2. We may share your Personal Information with the parties set out below for the purposes set out in Section 3.4.3 above.
5.2.1. Third party transaction platforms such as Paypal for the purpose of receiving payment from Users.
5.2.2 Agents for the purposes of facilitating casting and/or bookings, enabling the Agent to contact you, and providing updates and other communications relevant to the casting and/or booking.
5.2.3. Talents, with whom you have been matched, for the purposes of facilitating evaluation for castings and/or bookings, enabling the Talent to contact you, and providing updates and other communications relevant to the casting and/or booking.
5.2.4 Other Users, allowing them to view the User profile you create.
5.2.5. Promotional partners, if you have given us or them your opt-in consent.
5.2.6. Service providers who provide IT, software, marketing, advertising, and system administration services.
5.2.7. Third party agencies, such as credit reference agencies and fraud prevention agencies, for fraud prevention and detection purposes.
5.2.8. Providers of professional services such as lawyers, bankers, accountants, and insurers who provide legal, banking, consultancy, accounting, insurance and other related services.
5.2.9. Third parties approved by you, such as social media providers.
5.2.10. Media and social media providers to promote and bring awareness to the Application, the Services and User profiles.
5.2.11. The Canada Revenue Agency, governmental regulators, and other authorities based in Canada who require reporting of processing activities in certain circumstances.
5.2.12 Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets, or with whom we may choose to acquire or merge with.
6.1. Individuals are permitted, by law, to submit written requests to obtain the following:
6.1.1. Their Personal Information under the custody or control of Dance Hypha;
6.1.2. Information about the purposes for which their Personal Information under the custody or control of Dance Hypha has been and is being used; and
6.1.3. The names of persons to whom and the circumstances in which their Personal Information has been and is being disclosed by Dance Hypha.
Each such request will be responded to as accurately and completely as reasonably possible. An individual’s ability to access his or her personal information under the control of Dance Hypha is not absolute. Dance Hypha shall not disclose Personal Information where doing so would likely reveal Personal Information about a third party, or where Dance Hypha chooses not to disclose the Personal Information, including where disclosure would reveal confidential commercial information.
7.1. We will only retain your Personal Information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
7.2. The appropriate retention period for Personal Information will depend on the purpose for which the Personal Information was collected, available alternative means to achieve such purposes, the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of the Personal Information, and the Applicable Law.
8.1.1. Request access to your Personal Information. This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it.
8.1.2. Request correction of the Personal Information that we hold about you.
8.1.3. Request erasure of your Personal Information. This enables you to ask us to delete or remove Personal Information if there is no longer a reason for us to retain it. You also have the right to ask us to remove your Personal Information if 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 Information to comply with local law. In certain circumstances, we may not be able to comply with your request. In such circumstances, we will notify you of the legal reasons for such inability, if available.
8.1.4. Object to processing of your Personal Information if your particular circumstances make you want to object to the processing of your information as you feel it impacts your fundamental rights and freedoms. In some cases, we may have overriding compelling legitimate grounds to process your Personal Information.
8.1.5. Request restriction of processing of your Personal Information. You may request the suspension of the processing of your Personal Information in the following scenarios: (a) if you want us to establish the information’s accuracy; (b) where our use of the information is unlawful but you do not want us to erase it; (c) where you need us to hold the information 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 information but we need to verify whether we have overriding legitimate grounds to use it.
8.1.6. Request the transfer of your Personal Information to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. 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.
8.1.7. Withdraw consent at any time where we are relying on consent to process your Personal Information. Please note this will not affect the lawfulness of any information processing carried out before your withdrawal of consent. If withdrawal of consent affects the provision of any of our services to you, we will notify you at the time you withdraw your consent.
8.2 If you wish to exercise any of the rights set out above, please contact us. You typically do not have to pay a fee to exercise any of the above 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.
8.3 We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is to ensure that your Personal Information is not given to persons not authorized to receive such information. We may also contact you to ask you for further information regarding your request to facilitate our response.
8.4 We try to respond to all legitimate requests within one month. In some circumstances, such as when you make multiple requests and/or a complex request, we may take longer to respond.
10.1. Dance Hypha is the controller and responsible for your Personal Information.
Office of the Privacy Commissioner of Canada
30 Victoria Street