KATE HORDERN LITERARY AGENCY LTD
This privacy notice (Privacy Notice) sets out the ways in which we, Kate Hordern Literary Agency Ltd (we, us, our), collect and use your personal data (your personal information) in connection with our business. It also explains what rights you have to access or change your personal data.
2. About Us
2.1. We are a company registered in England under company number 9471947, with our registered address as set out below.
2.2. You can contact us as follows:
FAO: Kate Hordern, Director
Address: 18 Mortimer Road, Clifton, Bristol BS8 4EY
3. Information We May Collect About You
3.1. Information that you provide to us
3.1.1. We will collect any information that you provide to us when you:
make an enquiry over the phone, by email or in writing
submit manuscripts or other content to us by email or by post
enter into a contract with us to represent you
submit an application for work experience
“follow”, “like”, post to or interact with our social media accounts, including Twitter
3.1.2. The information you provide to us might include
your name, address, email address, phone number
if we represent you, you may also provide us with your bank details, VAT number, tax information, National Insurance number/tax ID number, immigration and residency information, your existing contracts (and related correspondence) with publishers or other licensees of your work, so that we can carry out the service we have been contracted to provide to our clients
3.2. Information that we collect about you
3.2.1. We will collect any information contained in any correspondence between us. For example, if you contact us by email, telephone or post, we may keep a record of that correspondence
3.3. Information we receive from third parties
3.3.1. In certain circumstances, we will receive information about you from third parties. For example:
Publishers and other licensees of your work: If we represent you, you will normally authorize us to receive information about your from your publishers and other licensees such as information about your contracts, performance, royalties and other payments
4. How We Use Information About You and Recipients of Your Information
4.1. We will use your information for the purposes listed below either on the basis of:
4.1.1. performance of your contract with us and the provision of our services to you
4.1.2. your consent (where we request it)
4.1.3. where we need to comply with a legal or regulatory obligation (for example, HMRC Data Compliance)
4.1.4. our legitimate interests or those of a third party (see paragraph 4.3 below)
4.2. We may use your information for the following purposes:
4.2.1. if we represent you: to enable receipt, review, promotion, licensing and management of your literary work(s) including sharing your information with UK and foreign publishers, our co-agents (including the Buckman Agency in the UK, Synopsis in Russia and Big Apple Agency in China & Taiwain), literary scouts and our TV & film co-agents Valerie Hoskins Associates in the UK, for the purpose of fulfilling our contract with you as your agent
4.2.2. if we represent you: to administer publishing contracts we have made on your behalf, including processing and payment of advances and royalties, we may share some of your personal information with our accountants Pure Professionals Ltd who manage our accounting software Xero and the digital contract execution service DocuSign (where used) (on the basis of performing our contract with you)
4.2.3. if we represent you: to present you on an Author Page and elsewhere on our website, including social media links specific to you, for the purpose of providing information about you to the publishing and associated industries; website is hosted by Sealsrock Technology Ltd and website IT support is provided by Daniel Stevenson and Orphans Ltd
4.2.4. to interact with users on social media platforms including Twitter, for example responding to comments and messages, posting, “retweeting” and “liking” posts (on the basis of our legitimate interest in promoting our brand and communicating with interested individuals)
4.2.5. to enable us to comply with our policies and procedures and enforce our legal rights, and share your information with our technical and legal advisors (on the basis of our legitimate interests to operate a safe and lawful business or where we have a legal obligation to do so)
4.3. As outlined above, in certain circumstances we may use your personal information to pursue legitimate interests of our own or those of third parties. Where we refer to using your information of the basis of our “legitimate interests”, we mean our legitimate business interests in conducting and managing our business and our relationship with you, including the legitimate interest we have in:
4.3.1. personalizing, enhancing, modifying or otherwise improving the services and/or communications that we provide to you
4.3.2. detecting and preventing fraud and operating a safe and lawful business
4.3.3. improving security and optimization of our network, sites and services
4.3.4. providing representation according to our client agreements
4.5. Where we use your information for our legitimate interests, we make sure that we take into account any potential impact that such use may have on you. Our legitimate interests don’t automatically override yours and we won’t use your information if we believe your interests should override ours unless we have other grounds to do so (such as your consent or a legal obligation). If you have any concerns about our processing please refer to details of “Your Rights” in paragraph 9 below.
5. Who We Might Share Your Information With
5.1. In connection with the purposes and on the lawful grounds described above and in addition to the recipients of your information as described above, we will share your personal information when relevant with third parties such as:
5.1.1. Our service providers: third parties we work with to deliver our business (including, for example, hosting or operating the website: Sealsrock Technology Ltd, Orphans Ltd, Daniel Stevenon, all in the UK)
5.1.2. Publishers, licensees, co-agents, advisors and service companies: if we represent you, any publishers or other licensees of your work (or prospective publishers and licensees) as well as our co-agents (the Buckman Agency in the UK, Synopsis Agency in Russia, Big Apple in China & Taiwan), advisors (Pure Professionals Ltd, our accountants), bank (HSBC)
5.1.3. Prospective sellers and buyers of our business: any prospective seller or buyer of such business or assets, only in the event that we decide to sell or buy any business or assets
5.1.4. Other third parties (including professional advisors): any other third parties (including legal or other advisors, regulatory authorities, HMRC, courts, law enforcement agencies and government agencies) where necessary to enable us to enforce our legal rights, or to protect the rights, property or safety of our employees or where such disclosure may be permitted or required by law.
5.2. We require third parties to maintain appropriate security to protect your information from unauthorized access or processing.
7. How We Look After Your Information And How Long We Keep It For
7.1. We operate a policy of “privacy by design” by looking for opportunities to minimize the amount of personal information we hold about you.
7.2. If we represent you, we will retain your information for as long as its necessary to provide you with the services that you have requested from us or for as long as we reasonably require to retain the information for our lawful business purposes, such as for the purposes of exercising our legal rights or where we are permitted to do so. We operate a data retention policy and look to find ways to reduce the amount of information we hold about you and the length of time that we need to keep it.
7.3. If you approach us about a submission, we destroy this correspondence and submission attachments not later than two years after the date of submission.
8. International Transfers of Your Information
8.1. Our company is located in the UK
8.2. Your information will be processed outside of the European Economic Area (EEA) in the circumstances listed below and we will take all steps necessary to ensure that any of your information is adequately protected and processed in accordance with this Privacy Notice.
8.2.1. If you are our client, we may supply your name, address, fiscal information such as National Insurance number/tax ID number, VAT number etc) to publishers around the world as necessary to perform our obligations in our contract with you.
9. Your Rights To The Information We Hold About You
9.1. You have certain rights in respect of the information that we hold about you, including:
9.1.1. the right to be informed of the ways in which we use your information, as we seek to do in this Privacy Notice;
9.1.2. the right to request access to the information that we hold about you;
9.1.3. in certain circumstances, the right to ask us to stop processing information about you
9.1.4. the right to lodge a complaint about us to the UK Information Commissioner’s Office (https://ico.org.uk/), as well as with the relevant authority in your country of work or residence.
9.2. Please note that we may need to retain certain information for our own record-keeping and research purposes.
How to exercise your rights
9.3. You may exercise your rights above by contacting us using the details in paragraph 2 of this Privacy Notice.
What we need from you to process your requests
9.4. We many need to request specific information from you to help us confirm your identity and to enable you to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.
9.5. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances. We will try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
10. Third-Party Links
10.1. The website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party wbsites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
11. Changes To This Privacy Notice And Your Duty To Inform Us Of Changes
11.1. We may make changes to this Privacy Notice from time to time. We will post any changes to our site, or notify you of any material changes by email.
This Privacy Notice was created on 25 May 2018.