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Privacy Policy / T&C

Privacy Policy We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the Please Cast Me Agency. The use of the Internet pages of the Please Cast Me Agency is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject. The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the Please Cast Me Agency. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled. As the controller, the Please Cast Me Agency has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone. Due to the increased data protection needs of our partners and our applicants, viewing the set cards and our catalog is strictly regulated. Exceptions in individual cases are not possible for technical reasons.
  1. Definitions
The data protection declaration of the Please Cast Me Agency is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used. In this data protection declaration, we use, inter alia, the following terms: Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, 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. Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing. Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future. Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements. Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person. Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing. Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data. Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
  1. Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

Please Cast Me Agency

Würzburger Str. 14

30880 Laatzen – Germany

Phone: +49 511 9823 7907

Email: casting@please-cast.me

Website: www.please-cast.me

  1. Cookies
The Internet pages of the Please Cast Me Agency use cookies. Cookies are text files that are stored in a computer system via an Internet browser. Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the dats subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID. Through the use of cookies, the Please Cast Me Agency can provide the users of this website with more user-friendly services that would not be possible without the cookie setting. By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie. The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
  1. Collection of general data and information
The website of the Please Cast Me Agency collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems. When using these general data and information, the Please Cast Me Agency does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the Please Cast Me Agency analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
  1. Contact possibility via the website
The website of the Please Cast Me Agency contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
  1. Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to. If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
  1. Rights of the data subject
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller. Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information: Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller. Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller. Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary: If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Please Cast Me Agency, he or she may, at any time, contact any employee of the controller. An employee of Please Cast Me Agency shall promptly ensure that the erasure request is complied with immediately. Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the Please Cast Me Agency will arrange the necessary measures in individual cases. Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies: If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Please Cast Me Agency, he or she may at any time contact any employee of the controller. The employee of the Please Cast Me Agency will arrange the restriction of the processing. Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others. In order to assert the right to data portability, the data subject may at any time contact any employee of the Please Cast Me Agency. Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions. The Please Cast Me Agency shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims. If the Please Cast Me Agency processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Please Cast Me Agency to the processing for direct marketing purposes, the Please Cast Me Agency will no longer process the personal data for these purposes. In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the Please Cast Me Agency for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest. In order to exercise the right to object, the data subject may contact any employee of the Please Cast Me Agency. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications. Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent. If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, the Please Cast Me Agency shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision. If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the Please Cast Me Agency. Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time. If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the Please Cast Me Agency.
  1. Data protection for applications and the application procedures
The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).
  1. Data protection provisions about the application and use of Facebook
On this website, the controller has integrated components of the enterprise Facebook. Facebook is a social network. A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos, and network through friend requests. The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside of the United States or Canada, the controller is the Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. With each call-up to one of the individual pages of this Internet website, which is operated by the controller and into which a Facebook component (Facebook plug-ins) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download display of the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook Plug-ins may be accessed under https://developers.facebook.com/docs/plugins/. During the course of this technical procedure, Facebook is made aware of what specific sub-site of our website was visited by the data subject. If the data subject is logged in at the same time on Facebook, Facebook detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-site of our Internet page was visited by the data subject. This information is collected through the Facebook component and associated with the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated into our website, e.g. the “Like” button, or if the data subject submits a comment, then Facebook matches this information with the personal Facebook user account of the data subject and stores the personal data. Facebook always receives, through the Facebook component, information about a visit to our website by the data subject, whenever the data subject is logged in at the same time on Facebook during the time of the call-up to our website. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then he or she may prevent this by logging off from their Facebook account before a call-up to our website is made. The data protection guideline published by Facebook, which is available at https://facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. In addition, it is explained there what setting options Facebook offers to protect the privacy of the data subject. In addition, different configuration options are made available to allow the elimination of data transmission to Facebook. These applications may be used by the data subject to eliminate a data transmission to Facebook.
  1. Data protection provisions about the application and use of Google Analytics (with anonymization function)
On this website, the controller has integrated the component of Google Analytics (with the anonymizer function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising. The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States. For the web analytics through Google Analytics the controller uses the application “_gat. _anonymizeIp”. By means of this application the IP address of the Internet connection of the data subject is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area. The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us. Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements. The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties. The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs. In addition, the data subject has the possibility of objecting to a collection of data that are generated by Google Analytics, which is related to the use of this website, as well as the processing of this data by Google and the chance to preclude any such. For this purpose, the data subject must download a browser add-on under the link https://tools.google.com/dlpage/gaoptout and install it. This browser add-on tells Google Analytics through a JavaScript, that any data and information about the visits of Internet pages may not be transmitted to Google Analytics. The installation of the browser add-ons is considered an objection by Google. If the information technology system of the data subject is later deleted, formatted, or newly installed, then the data subject must reinstall the browser add-ons to disable Google Analytics. If the browser add-on was uninstalled by the data subject or any other person who is attributable to their sphere of competence, or is disabled, it is possible to execute the reinstallation or reactivation of the browser add-ons. Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.
  1. Data protection provisions about the application and use of Google+
On this website, the controller has integrated the Google+ button as a component. Google+ is a so-called social network. A social network is a social meeting place on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Google+ allows users of the social network to include the creation of private profiles, upload photos and network through friend requests. The operating company of Google+ is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES. With each call-up to one of the individual pages of this website, which is operated by the controller and on which a Google+ button has been integrated, the Internet browser on the information technology system of the data subject automatically downloads a display of the corresponding Google+ button of Google through the respective Google+ button component. During the course of this technical procedure, Google is made aware of what specific sub-page of our website was visited by the data subject. More detailed information about Google+ is available under https://developers.google.com/+/. If the data subject is logged in at the same time to Google+, Google recognizes with each call-up to our website by the data subject and for the entire duration of his or her stay on our Internet site, which specific sub-pages of our Internet page were visited by the data subject. This information is collected through the Google+ button and Google matches this with the respective Google+ account associated with the data subject. If the data subject clicks on the Google+ button integrated on our website and thus gives a Google+ 1 recommendation, then Google assigns this information to the personal Google+ user account of the data subject and stores the personal data. Google stores the Google+ 1 recommendation of the data subject, making it publicly available in accordance with the terms and conditions accepted by the data subject in this regard. Subsequently, a Google+ 1 recommendation given by the data subject on this website together with other personal data, such as the Google+ account name used by the data subject and the stored photo, is stored and processed on other Google services, such as search-engine results of the Google search engine, the Google account of the data subject or in other places, e.g. on Internet pages, or in relation to advertisements. Google is also able to link the visit to this website with other personal data stored on Google. Google further records this personal information with the purpose of improving or optimizing the various Google services. Through the Google+ button, Google receives information that the data subject visited our website, if the data subject at the time of the call-up to our website is logged in to Google+. This occurs regardless of whether the data subject clicks or doesn’t click on the Google+ button. If the data subject does not wish to transmit personal data to Google, he or she may prevent such transmission by logging out of his Google+ account before calling up our website. Further information and the data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/. More references from Google about the Google+ 1 button may be obtained under https://developers.google.com/+/web/buttons-policy.
  1. Data protection provisions about the application and use of Jetpack for WordPress
On this website, the controller has integrated Jetpack. Jetpack is a WordPress plug-in, which provides additional features to the operator of a website based on WordPress. Jetpack allows the Internet site operator, inter alia, an overview of the visitors of the site. By displaying related posts and publications, or the ability to share content on the page, it is also possible to increase visitor numbers. In addition, security features are integrated into Jetpack, so a Jetpack-using site is better protected against brute-force attacks. Jetpack also optimizes and accelerates the loading of images on the website. The operating company of Jetpack Plug-Ins for WordPress is the Automattic Inc., 132 Hawthorne Street, San Francisco, CA 94107, UNITED STATES. The operating enterprise uses the tracking technology created by Quantcast Inc., 201 Third Street, San Francisco, CA 94103, UNITED STATES. Jetpack sets a cookie on the information technology system used by the data subject. The definition of cookies is explained above. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a Jetpack component was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to submit data through the Jetpack component for analysis purposes to Automattic. During the course of this technical procedure Automattic receives data that is used to create an overview of website visits. The data obtained in this way serves the analysis of the behaviour of the data subject, which has access to the Internet page of the controller and is analyzed with the aim to optimize the website. The data collected through the Jetpack component is not used to identify the data subject without a prior obtaining of a separate express consent of the data subject. The data comes also to the notice of Quantcast. Quantcast uses the data for the same purposes as Automattic. The data subject can, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Automattic/Quantcast from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Automattic/Quantcast may be deleted at any time via a web browser or other software programs. In addition, the data subject has the possibility of objecting to a collection of data relating to a use of this Internet site that are generated by the Jetpack cookie as well as the processing of these data by Automattic/Quantcast and the chance to preclude any such. For this purpose, the data subject must press the ‘opt-out’ button under the link https://www.quantcast.com/opt-out/ which sets an opt-out cookie. The opt-out cookie set with this purpose is placed on the information technology system used by the data subject. If the cookies are deleted on the system of the data subject, then the data subject must call up the link again and set a new opt-out cookie. With the setting of the opt-out cookie, however, the possibility exists that the websites of the controller are not fully usable anymore by the data subject. The applicable data protection provisions of Automattic may be accessed under https://automattic.com/privacy/. The applicable data protection provisions of Quantcast can be accessed under https://www.quantcast.com/privacy/.
  1. Data protection provisions about the application and use of Twitter
On this website, the controller has integrated components of Twitter. Twitter is a multilingual, publicly-accessible microblogging service on which users may publish and spread so-called ‘tweets,’ e.g. short messages, which are limited to 280 characters. These short messages are available for everyone, including those who are not logged on to Twitter. The tweets are also displayed to so-called followers of the respective user. Followers are other Twitter users who follow a user’s tweets. Furthermore, Twitter allows you to address a wide audience via hashtags, links or retweets. The operating company of Twitter is Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, UNITED STATES. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a Twitter component (Twitter button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding Twitter component of Twitter. Further information about the Twitter buttons is available under https://about.twitter.com/de/resources/buttons. During the course of this technical procedure, Twitter gains knowledge of what specific sub-page of our website was visited by the data subject. The purpose of the integration of the Twitter component is a retransmission of the contents of this website to allow our users to introduce this web page to the digital world and increase our visitor numbers. If the data subject is logged in at the same time on Twitter, Twitter detects with every call-up to our website by the data subject and for the entire duration of their stay on our Internet site which specific sub-page of our Internet page was visited by the data subject. This information is collected through the Twitter component and associated with the respective Twitter account of the data subject. If the data subject clicks on one of the Twitter buttons integrated on our website, then Twitter assigns this information to the personal Twitter user account of the data subject and stores the personal data. Twitter receives information via the Twitter component that the data subject has visited our website, provided that the data subject is logged in on Twitter at the time of the call-up to our website. This occurs regardless of whether the person clicks on the Twitter component or not. If such a transmission of information to Twitter is not desirable for the data subject, then he or she may prevent this by logging off from their Twitter account before a call-up to our website is made. The applicable data protection provisions of Twitter may be accessed under https://twitter.com/privacy?lang=en.
  1. Data protection provisions about the application and use of Xing
On this website, the controller has integrated components of XING. XING is an Internet-based social network that enables users to connect with existing business contacts and to create new business contacts. The individual users can create a personal profile of themselves at XING. Companies may, e.g. create company profiles or publish jobs on XING. The operating company of XING is XING SE, Dammtorstraße 30, 20354 Hamburg, Germany. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a XING component (XING plug-in) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding XING component of XING. Further information about the XING plug-in the may be accessed under https://dev.xing.com/plugins. During the course of this technical procedure, XING gains knowledge of what specific sub-page of our website was visited by the data subject. If the data subject is logged in at the same time on XING, XING detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-page of our Internet page was visited by the data subject. This information is collected through the XING component and associated with the respective XING account of the data subject. If the data subject clicks on the XING button integrated on our Internet site, e.g. the “Share”-button, then XING assigns this information to the personal XING user account of the data subject and stores the personal data. XING receives information via the XING component that the data subject has visited our website, provided that the data subject is logged in at XING at the time of the call to our website. This occurs regardless of whether the person clicks on the XING component or not. If such a transmission of information to XING is not desirable for the data subject, then he or she can prevent this by logging off from their XING account before a call-up to our website is made. The data protection provisions published by XING, which is available under https://www.xing.com/privacy, provide information on the collection, processing and use of personal data by XING. In addition, XING has published privacy notices for the XING share button under https://www.xing.com/app/share?op=data_protection.
  1. Data protection provisions about the application and use of YouTube
On this website, the controller has integrated components of YouTube. YouTube is an Internet video portal that enables video publishers to set video clips and other users free of charge, which also provides free viewing, review and commenting on them. YouTube allows you to publish all kinds of videos, so you can access both full movies and TV broadcasts, as well as music videos, trailers, and videos made by users via the Internet portal. The operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, UNITED STATES. The YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a YouTube component (YouTube video) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding YouTube component. Further information about YouTube may be obtained under https://www.youtube.com/yt/about/en/. During the course of this technical procedure, YouTube and Google gain knowledge of what specific sub-page of our website was visited by the data subject. If the data subject is logged in on YouTube, YouTube recognizes with each call-up to a sub-page that contains a YouTube video, which specific sub-page of our Internet site was visited by the data subject. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject. YouTube and Google will receive information through the YouTube component that the data subject has visited our website, if the data subject at the time of the call to our website is logged in on YouTube; this occurs regardless of whether the person clicks on a YouTube video or not. If such a transmission of this information to YouTube and Google is not desirable for the data subject, the delivery may be prevented if the data subject logs off from their own YouTube account before a call-up to our website is made. YouTube’s data protection provisions, available at https://www.google.com/intl/en/policies/privacy/, provide information about the collection, processing and use of personal data by YouTube and Google.
  1. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
  1. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
  1. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
  1. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
  1. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.

T&C

Terms and Conditions – of the Please Cast Me Agency 

valid since 20.05.2024

 

General terms and conditions of business

§1 GENERAL

The following conditions are intended to regulate the legal relationships between the applicants, models, talents, hereinafter also referred to as artists, the Please Cast Me Agency, hereinafter referred to as PCMA, and the respective customers, binding rules, unless expressly different agreements are adhered to in individual cases. The parties mentioned should be protected from expectations and demands that are unusual in the industry. The terms used in these terms and conditions, such as “artist” or “applicant” are to be understood as gender-neutral.

§2 BOOKING BASIS

The PCMA makes declarations to the customer in the name and on behalf of artist. The customer is considered to be the person who books with PCMA, unless otherwise expressly agreed in writing at the time of booking. The artist owes the PCMA the commission. Unless otherwise agreed, this amounts to 25% of the agreed fee plus VAT. PCMA’s liability from the mediated legal relationship is excluded. The artist is not entitled to offset claims against the customer against PCMA’s commission claim or to assert a right of retention. The artist also owes the agency commission for subsequent bookings as long as he is represented by the PCMA. The customer undertakes not to make direct bookings that circumvent the PCMA.

§3 BOOKING MODELS

Options are reservations that are binding on a date. An option expires if a firm booking is not made no later than three working days (by 6 p.m.) before the start of the activity or within one working day after a request from the PCMA. Saturday and Sunday are not working days. German time applies. Options will be noted after booking is received. If it is not a first option, the customer will be informed of the option’s rank. If an option expires, you move up subsequent options in the order of priority. Firm bookings are binding for both parties. At the customer’s request, they must be confirmed immediately in writing by PCMA, stating the essential details. Weather bookings must be expressly described as such. If the weather conditions are not available or the weather situation is unclear, the customer can cancel the booking with PCMA no later than one hour before the agreed start of work. In this case, the cancellation fee is 50% of the agreed fee. Separate arrangements: Visual changes to the model (such as haircut, hair color, shaving, etc.) may only be made after prior consultation with the agency, the customer and his contractor. Prior consultation with the agency must also be made when working in underwear, swimwear or transparent mode. Violation can result in economic damage for artists and the PCMA, and corresponding compensation claims can be asserted.

§4 CANCELLATION

A fixed booking can be canceled for important reasons. An important reason for cancellation is also making the implementation of the fixed booking economically unreasonable. The cancellation must be communicated to the PCMA immediately. The cancellation must take place as many working days before the start of work as the number of working and travel days booked, but at least 3 working days. If the cancellation occurs before 12 noon, this day must be included in the calculation. Saturday and Sunday are not working days. German time applies. Daily and hourly bookings must be canceled 24 hours before work begins. If the cancellation is made by the artist, PCMA will use its best efforts to find an adequate replacement for the customer, if necessary with the involvement of other agencies. If cancellation is not made on time or without an important reason, the agreed fee must be paid.

§5 WORKING TIME

For a day booking the working time is 8 hours, for a half-day booking it is 4 hours. The working time begins when the artist arrives at the agreed place of work with the customer at the agreed time. Preparations such as make-up and hairstyle count as working hours. Overtime is paid at 15% of the agreed daily fee per hour commenced. The joint arrival and departure of artists and customers between the hotel and the place of work (location) counts as working time.

§6 FEE

The artist’s fee consists of the work fee including the publication or usage fee, which also includes the “right to your own image”, but only for the aforementioned product and the aforementioned publication form. The fee for half-day bookings is at least 60% of the daily fee for artists based at the place of work. Half-day bookings by visiting artists and hourly bookings always require a separate agreement. Different fees, particularly for advertising, must be agreed separately with the PCMA. An agreed flat fee flat deal (gage including BUYOUT) is due immediately after performance and there is no possibility of withholding the buyout or paying it later. The artist is not entitled to any fee for participating in a PCMA casting.

§7 TRAVEL COSTS

The artist’s travel to and from the place of work or casting will not be reimbursed. When traveling together, the travel, food and accommodation costs incurred will be borne by the customer from the airport/train station of the departing model/talent. The reimbursement is made either as a flat rate according to the tax guidelines per working day or upon presentation of receipts. The artist’s travel to and from a PCMA casting will not be reimbursed or compensated.

§8 PAYMENT TERMS

The fee including cancellation fee must be paid without deduction upon receipt of the invoice. Fees are invoiced and paid in euros. By the 10th working day of the following month, the artist must transfer 25% of the applicable commission from the fee to the PCMA and create a corresponding invoice.

§9 COMPLAINTS, LIABILITY

In the event of complaints, the customer must immediately inform the PCMA and explain the reasons for the complaint. Photos must be taken immediately to prove the complaint and sent to the PCMA by email. The artist must then be expressly released from his work obligation. The artist is not responsible for hairstyling, styling and make-up. If recordings are nevertheless made with the artist, this is deemed to be a waiver by the customer of any complaint. If the artist is culpably late (overslept, missed a plane, etc.), the artist has to work longer. If this is not possible or only partially possible due to special circumstances, the artist loses his pro rata daily fee claim based on the overtime fee. For particularly risky recordings, the customer must take out appropriate insurance for the artist. If the PCMA was not expressly informed of the risk involved when booking, the artist is entitled to refuse his service and will receive a cancellation fee of 70% of the agreed total fee. Further claims are based on the general legal provisions. The liability of the artist and PCMA for any legal reason is limited to twice the total fee, except in cases of intent and gross negligence. The PCMA does not guarantee a specific result of its services or the services of the persons referred. In particular, PCMA is not liable for losses, lost profits, missed savings, damages from third-party claims or for any other consequential damages. Likewise, PCMA is not liable if it is prevented in any way from the timely or proper performance of the services described in this contract for reasons beyond its control. The PCMA is liable for intent and gross negligence as far as the services of the PCMA itself are concerned. Liability for slight negligence is excluded. The PCMA itself generally does not accept any compensation for injuries and accidents to artists, customers and third parties. Likewise, the PCMA is not liable for damage or loss of items belonging to these persons. Further claims are based on the general legal provisions.

§10 RIGHTS OF USE

Unless expressly agreed otherwise, the agreed fee grants the rights of use to the recordings exclusively to the named customer for one year within the EU for the agreed purpose, the agreed product and the agreed form of use. Use in machine-readable form is expressly excluded. The one-year period begins with actual use, no later than 6 months after the recordings were created. Any further use, in particular for posters, billboards, packaging, displays, videos, as well as any use of the name of a model/talent requires the express written consent of the agency. Rights of use are only granted upon payment of the agreed fee. Any use before full payment of the agreed fee is not permitted.

§11 SELF-PROMOTION

It is agreed that the PCMA, the media created as part of bookings, sent in the application and produced during the casting (such as photographs, videos, etc.), of the artist, without remuneration, for the purpose of self-promotion on behalf of the artist may use (particularly for model comp cards and the PCMA’s websites). Accordingly, the “right to one’s own image” is assigned to the PCMA.

§12 SOLICITATION

The contracting parties mutually undertake not to solicit people who are directly or indirectly involved in the work on which the booking is based, neither for themselves nor for third parties. In particular, the employment or use of services from the artists and other people brokered by the PCMA may only take place with mutual written consent, as long as they are represented by the agency, and within a subsequent period of ten weeks. In the event of a violation of the above provision, the party in breach of contract undertakes to immediately pay compensation for an annual salary/annual commission volume of the artist/employee/participant being poached, but at least EUR 25,000.

§13 MINORS

Minors can also apply as artists, provided they act with the consent of their legal guardians (usually parents) and have the necessary insight and maturity to understand the importance of the collection, processing and storage of their personal data in accordance with these General Terms and Conditions to understand the PCMA’s privacy policy. The PCMA may request appropriate evidence from underage applicants, e.g. confirmations from parents proving their consent. Underage artists are not allowed to apply as nude models or erotic actors.

§14 OBLIGATIONS OF APPLICANTS

Applicants guarantee that the content they upload or create is truthful, legally permissible and free of third-party rights. Third parties in this sense are other artists who can be seen in the material alongside the applicant, production companies, television stations, (text) authors and photographers. The PCMA generally recommends only using material that cannot infringe the rights of third parties. In case of doubt, the PCMA may require proof of authorization to use the content. The applicant releases the PCMA from all claims asserted by third parties against the PCMA due to a violation of their rights by the applicant. In this respect, the applicant must also bear the costs of any necessary legal defense, including legal fees and court costs, at the statutory rate. The applicant will not be exempted if he or she is not responsible for the violation of the law. If the applicant cancels a casting without a good reason, he or she must bear the costs of the casting. As an erotic actor, the applicant undertakes to be tested for STDs, as for aesthetic reasons the film is only filmed without a condom.

§15 GRANTING OF USAGE RIGHTS BY APPLICANTS

The granting of the rights mentioned below serves solely for the operation of the PCMA and the provision of the contractual services and includes the usage rights required for this. The applicants grant the PCMA, in particular, free of charge and with no geographical restrictions, the simple right to reproduce, distribute, make publicly accessible, send and edit the legally protected content sent by them in the application and to transfer these rights to third parties, such as technical service providers or to other users of the PCMA. The granting of rights is unlimited in time until revoked by the applicant. The revocation is carried out in particular through a written declaration of intent. Before uploading and writing content, the applicant must ensure that he has the necessary usage rights to the content. In order to punish possible copyright violations, the applicant’s IP address is stored. It is agreed that the artist will not be charged for the casting. To offset the costs of casting, the PCMA is allowed to monetize the casting material in any way possible.

§16 CONFIDENTIALITY AND DATA PROTECTION

The protection of user data is the PCMA’s top priority and information and release of user data to third parties is prevented as far as legally possible. The contracting parties undertake to treat all confidential information that becomes known to them during the execution of this contract confidentially and to use it only for contractually agreed purposes in accordance with data protection regulations. This particularly applies to the data of other artists. The rights and obligations under this confidentiality section will not be affected by any termination of this Agreement. Further data protection regulations and information can be found in the PCMA data protection regulations.

§17 CHANGES TO THE TERMS AND CONDITIONS

The PCMA reserves the right to change the terms and conditions at any time with effect for the future, unless this is unreasonable for the artists. The change will only take place if the following objective reasons exist: if the change serves to ensure that the General Terms and Conditions comply with the applicable law, in particular if the applicable legal situation changes; if the amendment to the PCMA is intended to comply with compelling judicial or administrative decisions; if completely new services from the PCMA, or service elements as well as technical or organizational processes of the PCMA, require a description in the General Terms and Conditions and this does not affect the existing contractual relationship with the artist to the artist’s detriment; if the change is merely beneficial to the artists. In such a case, the PCMA will send the amended Terms and Conditions to the email address provided by the artist to the PCMA at least four weeks before they come into force. If the artist does not object to the new General Terms and Conditions within four weeks of receiving the email, the artist is deemed to have accepted the changed General Terms and Conditions. When notifying the artist of the change, the PCMA will inform the artist of the consequences of failing to object. The artists can also agree to changed terms and conditions by expressly declaring their consent.

§18 FINAL PROVISIONS

German law applies between the parties to these conditions, the PCMA, the customers and the artists. The place of fulfillment for all obligations arising from the booking in connection with usage rights is the headquarters of the PCMA. The customer undertakes to make changes or additions to bookings and deviations from these booking conditions only after prior consultation with the PCMA and to refrain from requiring artists to make booking changes or additions during working days. The validity of the conditions is not affected by the possible invalidity of individual provisions. Instead of an ineffective provision, what is deemed to be agreed is that which comes as close as possible to the intended purpose. The same applies to filling gaps in the contract. The place of jurisdiction for registered traders, legal entities under public law and customers without a general place of jurisdiction in Germany is the headquarters of the PCMA.

Complaint procedure via online dispute resolution for consumers:

https://ec.europa.eu/consumers/odr/.

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