Data protection at Aname Model Agency

Responsible and secure handling of your data is important to us. We only collect and process data that is necessary for the fulfillment of legal requirements or for the provision of our services. We follow the principles for the processing of personal data according to the applicable data protection laws.

Below you will find information about what data is collected during your visit to or use of our website www.anamemodel.com (including all sub-pages – collectively referred to as the ‘website’) and during/for the use of our modelling agency services, how we use it and what security measures we take to protect your data. Information on objecting to the processing of data and what rights you have under data protection law can be found below.

I. Name and contact details of the controller

Controller

The responsible party within the meaning of Art. 4 (7) GDPR for all data processing carried out via our website and within the scope of our activities as a modelling agency is:

Aname Model Agency

Founder and managing director: Pamela Nono

Kasseler Str. 8, 04155 Leipzig (Germany)

E-Mail: contact@anamemodel.com

Phone +49 157 36528668

II. Data processing when using our website

1. Cookies

In some instances, our website and its pages use so-called cookies. Cookies do not cause any damage to your computer and do not contain viruses. The purpose of cookies is to make our website more user friendly, effective and more secure. Cookies are small text files that are placed on your computer and stored by your browser.

Most of the cookies we use are so-called “session cookies.” They are automatically deleted after your leave our site. Other cookies will remain archived on your device until you delete them. These cookies enable us to recognise your browser the next time you visit our website.

You can adjust the settings of your browser to make sure that you are notified every time cookies are placed and to enable you to accept cookies only in specific cases or to exclude the acceptance of cookies for specific situations or in general and to activate the automatic deletion of cookies when you close your browser. If you deactivate cookies, the functions of this website may be limited.

Cookies that are required for the performance of the electronic communications transaction or to provide certain functions you want to use (e.g. the shopping cart function), are stored on the basis of Art. 6 Sect. 1 lit. f GDPR. The website operator has a legitimate interest in storing cookies to ensure the technically error free and optimised provision of the operator’s services. If other cookies (e.g. cookies for the analysis of your browsing patterns) should be stored, they are addressed separately in this Data Protection Declaration.

2. When you visit our website, the browser used on your end device automatically sends information to the server of our website. This information is stored temporarily and in so-called log files.

The following information is collected without your intervention and stored until automated deletion:

• Information about the browser type and version used
• The operating system of the user
• The user’s Internet service provider
• The IP address of the user
• Date and time of access
• Websites from which the user’s system accesses our website
• Websites and files that are accessed by the user’s system via our website
• Amount of data sent in bytes

We process the above data solely for the purposes of ensuring a smooth connection and maintaining the security and stability of our systems. The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session. It is automatically deleted after the session ends. The deletion of further data stored in the log files takes place at the latest seven days after leaving the website. In this case, the IP addresses of the users are deleted or anonymized so that it is no longer possible to assign the calling client to a person. A longer storage period of the log files is possible in individual cases, for example, if there is a suspicion of misuse and we need the data to document it. The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected.

The storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimize the website and to maintain the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context. The processing is expressly not carried out for the purpose of drawing conclusions about your person.

The legal basis for this data processing is Art. 6 (1)(1)(f) GDPR. Our legitimate interest follows from the aforementioned purposes of data collection.

III. Data processing when contacting us

1. By email

For questions of any kind, we offer you the possibility to contact us via the email address contact@anamemodel.com.

When you send an email to us, we will see your sender email address. We also ask you to include your name in the email and, if you would like us to contact you by telephone, your telephone number. The data processing is carried out for the purpose of processing your request as well as for us to contact you, if requested in the content of the email. The legal basis for this is Art. 6 (1)(1)(a) GDPR based on your voluntarily given consent, which you impliedly give by contacting us via email. The personal data you provide us with in this process will be automatically deleted once your enquiry has been dealt with, unless legal reasons require us to store it.

2. Via our contact form

A contact form is available on our website, which can be used for electronic contact. If a user takes advantage of this option, the data entered in the input mask will be transmitted to us and stored. This data is:

• Your request or message
• Company/Name
• E-mail address
• Telephone (optional)

The processing of the personal data from the input mask serves us solely to process the contact. In the case of contact by email or by contact form, this also constitutes the necessary legitimate interest in the processing of the data pursuant to Art. 6 (1)(1)(f) GDPR. The legal basis for this is Art. 6 (1)(1)(a) GDPR based on your voluntarily given consent.

The following technical data is also stored at the time the message is sent:

• The IP address of the user
• Date and time of form submission

This is done to prevent misuse of the contact form and to ensure the security of our information technology systems. The legal basis for the processing of this data is Art. 6 (1)(1)(f) GDPR. Our legitimate interest arises from the protection against misuse.

3. Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and data sent by email, this is the case when the respective conversation with the user has ended. The conversation is ended when it is clear from the circumstances that the matter in question has been conclusively clarified. The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

4. Contract enquiries

If the purpose of your contact is to conclude a contract with us, the additional legal basis for the processing is Art. 6 (1)(1)(b) GDPR, as the processing of your data then also takes place for the purpose of initiating a contract. If a contract is not concluded, the data will be deleted immediately as soon as this is clear to both parties. When a contract is concluded, the data is stored for as long as this is necessary within the framework of the contract, but at most for the duration of the contract, unless legal retention periods (e.g. for tax reasons) force us to store the data for longer.

IV. Data processing when applying via application form

As a model agency, we offer all persons interested in being booked as a model/photo model to apply for an opportunity of cooperation via our applications form. Unfortunately, this is not possible without a detailed description of your own appearance, age and other characteristics of your person that are relevant for potential cooperation. The more accurate and complete the information you provide about yourself, the greater the chance of being able to submit job offers that are a perfect fit for you. The information we require from you, which you can add on a voluntary basis, and how this data is used by us, who can see it and to whom we pass it on, is described in the following information. We also require your contact details (name, address, telephone number and email address) for our own processing and for possible contract offers, as well as details of your legal representatives in the case of minors.

Please read the following instructions carefully before sending your application for inclusion in our database. We will of course be happy to answer any questions you may have.

1. Application

In order to become a model of Aname Model and to be able to be considered for possible collaboration you can apply via our applications form. Before submitting your registration, we ask you to consent to the use of your data described below for the purpose of providing, managing and the use of the data required for this purpose (including photos) by ticking the box in accordance with Art. 6 (1)(1)(a) GDPR. You can freely revoke this consent for the future at any time by contacting us via E-mail.

a) Application and use of a basic profile

On the Aname Model Agency website, we offer interested users the opportunity to apply by providing personal data in order to be included in our database, to be able to be considered for possible collaboration and finally become a model of Aname Model. You can find out what information is collected on the registration form – the mandatory information is marked as such; further information can be provided voluntarily. The completed form can only be sent after all mandatory details have been entered and you have consented to the use of the data provided by you for the stated purposes by placing a tick (so-called opt-in). After the profile data has been entered in an input mask and transmitted to us by you by clicking on the ‘Send’ button, it will first be temporarily stored on our server.

b) Transmission data during application

When you submit your application, the following technical data is also stored in addition to the content data about you:

• The IP address of the user
• Date and time of application
• Date and time of consent to data processing

2. Use of your profile data

a) General

Insofar as you provide us with personal data when applying, we use this data to consider your application, to respond your enquiries, to prepare the contract (in case of positive consideration of the application) or to fulfil a contract. In particular for the purpose of making suggestions to the clients (f. e. another model agencies, designers, advertising productions ect.) which may lead to a booking. As part of the submission your application, your consent to the processing of this data is obtained (see above). This consent is the legal basis for the abovementioned data processing (Art. 6 (1)(1)(a) GDPR).

For the purpose of fulfilling the contract, namely to meet the model´s interest in booking them for a job, we present the candidates we have selected on the basis of the criteria of the production requests to the clients. For this purpose, the following data will be forwarded to interested clients:

i) – in case of proposal to clients for potential collaborations (same data may be published on our website – IV.2.c.):

• First NAME or nickNAME
• Photos
• Body and shoe size
• Eye and hair color
• eventually an Instagram account

j) – in case of collaboration will be additionally forwarded to client next data:

• First and Last NAME
• Date of birth
• Country, Adress, ZIP Code

Project-related candidate data

This serves the purpose of determining in advance to which of models we will submit an offer to conclude a collaboration contract with a client. Every collaborating model agrees to this presentation to interested clients by applying to be included in our database, so that the requirements of Art. 6 (1)(1)(a) GDPR are also met.

If Aname Model sends the data as a proposal to a potential or current client, it serves to a purpose of finding a job for our model. The selection of the model to be booked by a client is the prerequisite for us to offer this person appropriate job opportunity. The transmission is therefore an indispensable preliminary stage for the offer to fulfill a contract with us. It is justified according to Art. 6 (1)(1)(b) GDPR.

b) Use of your contact details such as address, email address and telephone number

We use the contact data you provide to us to contact you and for the purpose of submitting offers, in particular to send booking enquiries or other information as well as for queries/contacting you in the case of client’s orders and for billing purposes.

The legal basis for the aforementioned processing activities is, on the one hand, the fulfillment of the model agency contract, Art. 6 (1)(1)(b) GDPR, and on the other hand, your consent expressly given during application, pursuant to Art. 6 (1)(1)(a) GDPR.

A transfer to third parties only takes place if you expressly or impliedly agree to this by positively answering our concrete availability request for a specific collaboration.

Otherwise, data will only be passed on to third parties if we are legally obliged to do so.

c) Publishing on the website www.anamemodel.com

In order to prepare and make available the images provided by you and approved for publication in the best possible way for potential booking prospects, we use also services of the third-party provider HostGator (web hosting service).

Your files and data released by you for publication can be (in case of positive consideration of the application) uploaded by us, stored as well as processed and categorized by us and also made available to those interested in booking. The images and information are stored in access-protected areas at the aforementioned service.

The use of these services is for the purpose of presenting the model’s profile in the best possible way using technical standards and possibilities and thereby making the presentation appropriate for the selection and booking process. This increases the opportunities to be booked by our current or potential clients.

The legal basis for the abovementioned data processing is, on the one hand, our legitimate interest pursuant to Art. 6 (1)(1)(f) GDPR. We assume that our legitimate interest as an agency in an appealing presentation of the model’s profile is in line with your interest in ensuring that your images are perceived in the best possible way by potential bookers. This also serves the fulfillment of the contract existing between us and is therefore carried out within the framework of Art. 6 (1)(1)(b) GDPR.

If you terminate the contract with us, your files/pictures and data will also be deleted by us from the above services. The same applies if you explicitly request this from us or if you withdraw your consent to the publication of the pictures.

Since the service providers whose infrastructure and IT expertise we use are companies based in the USA, the aforementioned use entails that the image data together with any existing metadata, i.e. in particular information about your person, are also processed outside the EU. For the USA, there is no EU adequacy decision that certifies a level of data protection comparable to the EU. Therefore, we additionally request your consent to the data transfer to the US services and also base the data transfer to a country outside the EU on this consent (Art. 49 (1)(1)(a) GDPR), which you grant us by opt-in when submitting your application. In addition, the transfer is necessary for the fulfillment of the contract between you and us in accordance with Art. 49 (1)(1)(b) GDPR.

According to its own information, the company HostGator has committed to the EU’s standard contractual clauses to ensure adequate protection when transferring data outside the EEA.

However, we would like to point out that even these recognized standard contractual clauses cannot protect against access to the data by US authorities that is permitted under US law.

Here we have compiled the links to the data protection information of the service HostGator:

https://www.hostgator.com/help/article/general-data-protection-regulation

and

https://www.hostgator.com/tos/index

3. Feedback and testimonials

We use the email address and telephone number of our models and clients also to send them a questionary feedback form and/or a testimonial form by email after the completion of a collaboration.

The use of the email address/telephone number for sending the form links as well as the use of the information provided is for the purpose of giving the models booked by us the opportunity to comment on the collaboration or their experiences with Aname Model and to be able to follow up on any complaints. It is in our legitimate interest to learn in this way how our work is perceived and, if necessary, to communicate this to others. The legal basis is Art. 6 (1)(1)(f) GDPR.

Since the sending of feedback or experience reports is voluntary, this also constitutes implied consent, so that the use is also justified in accordance with Art. 6 (1)(1)(a) GDPR.

The testimonials are primarily aimed at other models, clients as well as potentially interested parties. We are entitled, but not obliged, to publish these on our website and to store them permanently with us. For this purpose, the author grants us consent in accordance with Art. 6 (1)(1)(a) GDPR by sending his/her testimonial. Consent can be revoked at any time and the comment will be removed from the website after revocation.

4. The possibility of collaboration

If Aname Model approved the application of a model to become a model represented by Aname Model, Aname Model will use the data mentioned in the application form and additional data asked via E-mail. Data will be collected and used in order of preparations the contract as well as for its own administration, accounting purposes and for the fulfillment of legal obligations of proof and documentation. The use of the data for the fulfillment of the contract is based on Art. 6 (1)(1)(b) GDPR.

Insofar as the data collection and data processing is also carried out for the legitimate interests of Aname Model and no more serious interests of the contracting partner are opposed, this is based on Article 6 (1)(1)(f) GDPR.

Aname Model points out that the creation of the shooting, recordings and material produced by us or by clients as stated in the contract also constitutes data processing in the sense of data protection law. Since the production and the evaluation of the recordings within the framework of the production are carried out exclusively by the client and its employees, the client and, if applicable, the photographer employed by the client are responsible for this data processing in relation to the recordings within the meaning of Art. 4 (7) GDPR. The creation and subsequent use of the material (pictures, recording etc.) are carried out as part of the performance of the contract with Aname Model on the basis of Art. 6 (1)(1)(b) GDPR. The purpose and scope of the data processing in relation to the shootings, recordings result from the production order. Aname Model points out that the contractual partner is entitled to the rights mentioned in section VIII of this data protection declaration vis-à-vis the client.

V. Disclosure of data to third parties

1. General

We will only share your personal information with third parties if:

you have given your express consent to this in accordance with Art. 6 (1) (1)(a) GDPR;

the disclosure is necessary in accordance with Art. 6 (1)(1)(f) GDPR for the assertion, exercise or defense of legal claims and there is no reason to assume that you have an overriding interest worthy of protection in the non-disclosure of your data;

there is a legal obligation for the disclosure pursuant to Art. 6 (1)(1)(c) GDPR, and/or

this is legally permissible and necessary for the processing of a contractual relationship with you in accordance with Art. 6 (1)(1)(b) GDPR.

In cases other than those mentioned above, your personal data will not be passed on to third parties.

2. For the purpose of booking for a collaboration

For the purpose of presenting suitable candidates, we pass on the data mentioned under IV. 2.a.i. to clients. These can also be located in non-EU countries. For this reason, we limit the data disclosed to what is absolutely necessary to select a suitable person.

We do not pass on personal contact data such as email, telephone number, address or a date of birth to third parties unless the interested user has consented (Art. 6 (1)(1)(a) GDPR), the transfer serves to initiate and/or execute a contract (Art. 6 (1)(1)(b) GDPR) or we are obliged to do so for legal reasons (Art. 6 (1)(1)(c) GDPR). The data is only passed on for the purposes of contacting and communicating with regard to collaborations in which the user is participating or in which his/her interest can be assumed. The mobile phone number will be passed on to a client after booking, in particular for the purpose of quick accessibility in emergencies, in the event of delays, etc., in the event of last-minute changes, postponements of the starting time or exact location arrangements as well as, if necessary, the arrangement of outfit/styling directly with production staff.

VI. Links to third-party sites

All links are researched to the best of our knowledge and belief. However, we cannot accept any liability for the content and existence of the links and websites listed by us. These third-party websites have separate independent privacy policies over which we have no control.

We would like to point out that the ‘social media buttons’ on our website are not plugins, but merely symbols behind which there is a simple link. Only by clicking on this link you will be redirected to the corresponding pages and data will be exchanged with these pages.

VII. Data transmission and security

Your personal data is transmitted securely through encryption when you connect to our homepage. For this purpose, our websites is only accessible via SSL encryption. As a rule, this is a 256-bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. You can see whether an individual page of our website is transmitted in encrypted form by the closed display of the key or lock symbol in the lower status bar of your browser.

When communicating by email, we cannot guarantee complete data security, so we recommend that you send confidential information by post.

We attach great importance to the security and availability of our services. We therefore take appropriate technical and organizational measures to ensure a level of protection commensurate with the risk at all times.

The databases and files are backed up continuously and at other secure locations to enable recovery at any time. This is done on the legal basis of Art. 6 (1)(1)(f) GDPR, as we have a legitimate interest in securing our data and system settings by creating back-ups.

VIII. Your rights

As a person whose personal data is processed (so-called data subject), you have the following legal rights:

1. Right to withdraw your consent (Art. 7 (3) GDPR)

You can withdraw your consent to data processing at any time. This has the consequence that we may not and will not continue the data processing based on this consent in the future. The legality of the data processing carried out until your withdrawal of consent remains unaffected by the withdrawal.

2. Right of access (Art. 15 GDPR)

You can request information from us about your personal data processed by us, in particular about:

• the purposes of processing,
• the category of personal data,
• the categories of recipients to whom we have disclosed or will disclose your data,
• the planned storage period,
• the existence of a right to rectification, erasure, restriction of processing or objection,
• the existence of a right of appeal,
• the origin of your data, if this has not been collected by us, as well as about the existence of automated decision-making including profiling and, if applicable, meaningful information about its details

We have generally complied with this right to information with this data protection declaration. We will be happy to answer any further questions you may have.

3. Right to rectify or complete your data (Art. 16 GDPR)

You can demand that we rectify incorrect personal data or complete your personal data stored by us without delay.

4. Right to erasure of data (Art. 17 GDPR)

You can request that we delete your personal data immediately. As the controller, Aname Model is obliged to delete your personal data without delay, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise or defense of legal claims.

5. Right to restriction of processing (Art. 18 GDPR)

You can request Aname Model to restrict the processing of your personal data,

insofar as the correctness of the data is disputed by you, the processing is unlawful, but you refuse its erasure, and Aname Model no longer needs the data, but you yourself require it for the assertion, exercise or defense of legal claims. Or if you have objected to the processing in accordance with Art. 21 GDPR.

6. Right to data portability (Art. 20 GDPR)

You have the right to receive your personal data stored by Aname Model in a structured, common and machine-readable format and the right to have Aname Model transfer this data to another controller without hindrance, provided that the processing is based on consent pursuant to Art. 6 (1)(1)(a) or Art. 9 (2)(a) GDPR or on a contract pursuant to Art. 6 (1)(1)(b) GDPR and the processing is carried out with the aid of automated procedures.

7. Right to lodge a complaint (Art. 77 GDPR)

You have the right to lodge a complaint with a data protection supervisory authority about the processing of your personal data by Aname Model. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or the registered office of Aname Model for this purpose.

8. Right to object (Art. 21 GDPR)

If your personal data is processed on the basis of legitimate interests pursuant to Art. 6 (1)(1)(f) GDPR, you have the right to object to the processing of your personal data pursuant to Art. 21 GDPR, insofar as there are grounds for doing so that arise from your particular situation or the objection is directed against direct advertising. In the latter case, you have a general right to object, which is implemented by Aname Model without specifying a particular situation.

If you believe that the processing of your personal data is unlawful, please inform us immediately.

Please direct your enquiries, objections or revocations to the address given in section I. An email to contact@anamemodel.com suffices.

IX. Changes to the privacy policy

The responsible person reserves the right to change the privacy policy in order to adapt it to changed legal situations or in the event of changes to the service and data processing. Insofar as user consents are required or components of the data protection declaration contain provisions of the contractual relationship with the users, the changes shall only be made with the consent of the users.