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Privacy Policy

Last Updated: February 8th, 2024

Your privacy is important to us. The Castability Privacy Policy describes what data we collect from you, the purpose for collecting the data in conjunction with the Castability App and Services, how we share, process, and manage your Personal Data, and your rights associated with your data.

This Privacy Policy applies to www.Castability.actor, the Castability Android App and the Castability IOS App (together, "Castability"). It explains how we collect information from users of Castability, and how we use such information. Your use of Castability constitutes your acceptance of this Privacy Policy. Please also read our Terms of Use, which govern the basic operation of Castability. If you do not agree with the terms of this Privacy Policy or the Terms of Use, you should immediately stop using or visiting Castability.

1. The Information We Collect and Use

  • Castability collects Personal Data that you voluntarily provide us, when you register for Castability and create a talent profile. We also collect Personal Data when you sign up for email newsletters or alerts on Castability. Personal Data may contain your name, email, contact information, your location, as well as other information you provide to Castability.

  • Castability collects billing information when processing payment on Castability.actor in conjunction with submitting scenes and subscribing for membership.

  • Castability may collect and store an image of your driver’s license or passport, and may extract and store information from the scanned image, such as your date of birth, in order to verify your identity and to confirm that you are 16 years of age or older, in compliance with the US Child Online Privacy Protection Act (COPPA), the California Consumer Privacy Act (CCPA), and Article 8 of the EU General Data Protection Act (GDPR).

  • Castability logs your visits and use of Castability, including the Castability IOS app and Android app, such as when you view or click on content, perform a search, install or update one of our mobile apps, or submit scenes. We use log-ins, cookies, web beacons, device information and internet protocol (“IP”) addresses to identify you, your location, and log your use.

  • Castability collects and stores data about you when you use Castability’s messaging platform to communicate with other users.

  • Castability shares actor profiles when casting industry professionals perform searches for talent in the Castability database.

  • Castability may place a "cookie" and on your computer when you visit a Castability website. Castability may use cookies to personalize your experience using Castability, and to gather usage data that will help to improve the quality of the websites. There is a simple procedure in most browsers that allows you to deny, accept or delete cookies. In European Union and EEA countries, you must voluntarily consent to cookies before using the Castability websites as detailed in Section 6 below. Users may also opt out of the NAI's interest-based advertising network by clicking here and following the on-screen instructions.

  • Castability may also obtain information about you through third party sources as permitted by applicable law, such as public databases, social media platforms, and marketing partners.

2. How Castability Uses Your Data

  • To create an account for you to use the Castability feedback and marketing platform and services.

  • To respond to your requests or to manage user accounts.

  • To receive product feedback and understand our users better in order to improve Castability.

  • To monitor the safety and security of the Castability service and feedback and marketing platform.

  • To use data and content about users for communications promoting membership, and engagement with Castability, on Castability properties and across other platforms.

  • To target and measure the performance of advertisements displayed to our users directly by Castability or through third party advertising partners, on and off Castability.

  • To verify that Castability account owners are 16 years of age or older, in order to comply with COPPA, the CCPA, and the GDPR.

  • To verify your identity, in order to protect the safety and security of our customers.

Castability may disclose your Personally Identifiable Information to third parties in connection with a corporate transaction where all or a portion of our business (e.g., a portion that includes our customer lists) is sold or transferred. We also may disclose your Personally Identifiable Information if disclosure is required by law or as part of a lawsuit or government investigation or proceeding, or in order to permit us to exercise or preserve our legal rights or take action regarding potentially illegal activities or to protect the safety of any person.

Castability reserves the right, but has no obligation, to monitor information, comments or other content that you voluntarily disclose and post to the platforms. Castability reserves the right to remove any such information or material for any reason or no reason, including without limitation, if in our sole opinion such information or material violates, or may violate, any applicable law or the Terms of Use or to protect or defend our rights or property or those of any third party. Castability also reserves the right to remove information upon the request of any third party.

Castability reserves the right to investigate abuses on the Website and Mobile apps and enforce and apply this Privacy Policy, the Terms of Use and any other terms or conditions applicable to the Websites or the use thereof. Castability may disclose information about you to third parties if we have a good faith belief that such disclosure is reasonably necessary to (1) take action regarding suspected illegal activities; (2) enforce or apply the Terms of Use; (3) comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding or other legal process served on us; (4) protect our rights, reputation, and property or that of our users or the public or (5) protect against legal liability.

3. How Castability shares information

Talent Profile

You may choose to make your talent profile fully visible to all users on and Castability, as well as publicly discoverable across the world wide web, or not publicly discoverable, where only logged in users can view it. You may modify the information you have provided to Castability at any time through your Castability profile.

Video Submission Sharing

The Castability service shares videos of your choice submitted to our Castability Curators for the purpose of evaluating you compared other actors for the role you selected. Castability Curators are casting industry professionals with experience casting or representing professional actors. The Castability Curators rank your submissions compared to other actors submitting for the same role.

The Castability service also shares your videos with public users of the app, so long as you choose to have your submissions shared with the public. Public uses will view your videos compared to other actors and rank the actors based on who is most fit for the role.

The Castability service also shares your profile with the casting industry, including agents and managers who are seeking to fill roles or find talent to represent. Contact information will only be shared with the express permission of the actor, which is facilitated through the mobile app.

Other Parties Designated by You

When using the Castability Service, you may share your data with other parties designated by you. For example, when applying to a casting notice on Castability, you may share personally identifiable data with the recipient of your application. When inviting a Castability user to apply to your casting notice, you may also share personally identifiable information with that user.

Service Providers

From time to time, we may partner with unaffiliated companies or individuals for market research, product development, quality assurance testing, or similar purposes. These companies or individuals may be provided with access to personally identifiable information, but we will require by contract that they agree to maintain the confidentiality, security and integrity of such information. We also may subcontract with other companies and individuals to do work on our behalf; they may be provided with access to personally identifiable information, but only as needed to perform their functions.

Data Processors

Castability, as a data controller, collects and shares data with different data processors in the following categories:

Technology and Infrastructure: Castability distributes data to processors in order to host, enable and support the Castability platform and service.

Analytics and Reporting: Castability distributes data to analytics platforms to better understand user behavior and track key business metrics, in order to provide a better service to its users.

Marketing Partners: Castability distributes data to marketing companies to facilitate email marketing, IOS app messaging campaigns, on-site promotions, and social media, search, and display advertising campaigns.

Identity Verification: Castability works with external data processors to verify the identity of users and to confirm their date of birth, in order to protect the safety and security of customers on the platform, and to comply with applicable laws such as COPPA, the CCPA and the GDPR.

International Data Transfers

Information, including information collected in the European Economic Area ("EEA") may be transferred, stored and processed by Castability and its services providers in the United States and other countries whose data protection laws may be different than the laws of your country. We will protect your Personal Data in accordance with this Privacy Notice wherever it is processed and take appropriate steps to protect the information in accordance with applicable laws.

Your Privacy Settings

You can manage the content and information you share when using your account through the privacy settings you select.

To change your Talent profile privacy settings, you may visit your account settings in the Castability Mobile App.

a. Setting your Talent Profile without Public selected: Only you, our Castability Curators, and the casting community can see your profile.

b. Setting your Talent Profile to Public: Your Talent Profile will be visible to any Public users on Castability app and Castability.actor and across the public internet.

International Data Transfers

Information, including information collected in the European Economic Area ("EEA") may be transferred, stored and processed by Castability and its services providers in the United States and other countries whose data protection laws may be different than the laws of your country. We will protect your Personal Data in accordance with this Privacy Notice wherever it is processed and take appropriate steps to protect the information in accordance with applicable laws.

4. Children Under 16

The Children's Online Privacy Protection Act of 1998 and its rules (collectively, "COPPA") require us to inform parents and legal guardians (as used in this, "parents") about our practices for collecting, using, and disclosing personal information from children under the age of 13 ("children"). It also requires us to obtain verifiable consent from a child's parent for certain collection, use, and disclosure of the child's personal information.

Castability does not knowingly collect Personal Data on our Websites from children under the age of 16 without the prior consent of the child’s parent or guardian.

This section notifies parents that (i) the types of information we may collect from children, (ii) how we use the information we collect, and (iii) our practices for disclosing that information is consistent with the other sections of this Privacy Policy.

This section also notifies parents of (i) our practices for notifying and obtaining parents' consent when we collect personal information from children, including how a parent may revoke consent and (ii) all operators that collect or maintain information from children through Websites.

This section only applies to children under the age of 16 and supplements the other provisions of this Privacy Policy. Only the other provisions of this Privacy Policy applies to teens and adults.

Parental Consent

Only a Parent or Legal Guardian of a child under the age of 16 years old may create an account on Castability app to promote their child’s performing arts career. When creating a Castability Actor Profile on behalf of their child, the Parent or Legal Guardian will be asked to enter their child’s date of birth. If the child is under 16 years of age, a Parent must affirm that they are the Parent or Legal Guadian of the Child whose profile they are creating, and consent to the release of the child’s personal information within the Castability Actor Profile.

Castability may require the Parent or Legal Guardian to transmit a scanned image or photograph of their driver’s license or other official identification, such as a passport, to verify their date of birth.

Accessing And Correcting Your Child's Personal Information

At any time, you may review the child's personal information maintained by us, require us to correct or delete the personal information, and/or refuse to permit us from further collecting or using the child's information.

You can review, change, or delete your child's personal information by:

Logging into your Castability account and visiting your child’s account profile page.

Sending us an email to admin@Castability.actor. To protect your privacy and security, we may require you to take certain steps or provide additional information to verify your identity before we provide any information or make corrections.

Only the Parent or Legal Guardian of a child under the age of 16 years old who is a resident in a country within the European Economic Area (“EEA”) may create an account on Castability app to manage their child’s performing arts career. When creating a Castability Actor Profile on behalf of their child, the Parent or Legal Guardian will be asked to enter their child’s date of birth. If the child is under 16 years of age, a Parent must affirm that they are the Parent or Legal Guardian of the Child whose profile they are creating, and consent to the release of the child’s personal information within the Castability Actor Profile. Children who live in EEA countries under the age of 16 are prohibited from using Castability.

5. Data Retention

Castability retains personally identifiable information for the maximum period allowable by law, where there is a reasonable business need or legitimate interest to retain such data. You may contact us at admin@Castability.actor if at any time you would like to see the Personally Identifiable Information we hold about you, or to ask us to correct or update this information, or to ask us to delete it. Please contact us if you have questions or wish to take any action with respect to information to which this Privacy Policy applies (see below for contact information).

6. Additional Rights, Rules, And Provisions For European Economic Area Users

If you are the resident of a country in the EEA, you may have additional privacy rights available to you under applicable laws. We will process your requests in accordance with applicable data protection laws.

  • Right not to provide or withdraw consent: you have the right not to provide or withdraw your consent at any time.

  • Right of access: you may have the right to access the Personal Data that you provided Us.

  • Right of erasure: you may have the right to the erasure of Personal Data that we hold about you.

  • Right to object to processing: you may have the right to request that Castability stop processing your Personal Data and/or to stop sending you marketing communications.

  • Right to rectification: you may have the right to require Castability to correct any of your Personal Data.

  • The right to lodge a complaint with a supervisory authority if you feel the above conditions aren’t being met.

To make such requests regarding your personal data, please email the customer success team at admin@Castability.actor with the term “privacy” in the subject line. Please contact us if you have questions or wish to take any action with respect to information to which this Privacy Policy applies (see below for contact information).

Castability is a casting feedback and marketing service for film, television, and other performing arts productions. Users located in EEA countries may choose to enter personal data relating to their race or ethnicity, trade union membership, gender, and sexual orientation when using the service. This type of information is considered to be a part of the “Special Categories of Personal Data” under Article 9 of the GDPR. By choosing to enter the above categories of personal data on the Castability service, you are giving explicit consent to the processing of this personal data for purposes referenced in this privacy policy on Castability.

Castability has appointed a Data Protection Officer to oversee all aspects of our privacy and data security policies. If you would like to contact our Data Protection Officer, please send an email to admin@Castability.actor.

In order for users from EEA countries to use Castability apps and websites, users must accept cookies. Users will be prompted at the beginning of their session to accept cookies. Users may withdraw consent by deleting their cookies from their browser settings at any time.

 

7. Links to other Websites

This Privacy Policy applies only to the Websites. The Websites may contain links to other websites that Castability may not own or operate. The links from the Websites do not imply that Castability endorses or has reviewed these websites. The policies and procedures we describe here do not apply to these websites. We neither can control nor are responsible for the privacy practices or content of these websites. We suggest contacting these websites directly for information on their privacy policies.

8. Your California Privacy Rights

California Civil Code Section §1798.83 permits users of Websites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to admin@Castability.actor.

The California Consumer Privacy Act of 2018, California Civil Code Sections 1798.100 et seq. (CCPA), may additionally afford rights to our users and customers who are California residents. For example, California residents may have a right, following a verifiable request, to (1) access—twice in a 12-month period, free of charge—for the 12-month period prior to the request, the categories and specific pieces of personal information Castability has collected about the user, the categories of sources from which the personal information is collected, the business purpose for collecting the personal information, and the categories of third parties with whom Castability shares personal information; and (2) delete personal information under certain circumstances. Castability does not discriminate against our users and customers on the basis of their exercising any of their rights afforded by the CCPA, which is further in accordance with California residents’ rights under that title.

Castability does not discriminate against our users and customers on the basis of their exercising any of their rights afforded by the CCPA, which is further in accordance with California residents’ rights under that title.

Following any request, we will verify your identity. You may also authorize an agent to submit a request on your behalf, so long as you provide the authorized agent written permission to request on your behalf, and your authorized agent is able to verify their identity with us.

9. Security of Your Data

Castability is committed to protecting the security of Your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect Your personal data from unauthorized access, use, or disclosure. We attempt to follow policies and procedures that will protect against unauthorized access to your personally identifiable information. No amount of measures is 100% secure, however. We cannot make any promises or guarantees that your data will be safe, and you provide information to us at your own risk. Data is collected "ephemerally", means the data accessed and used while it is only stored in memory, and is retained for no longer than necessary to service the specific request in real-time.

10. How To Contact Us

You may contact Castability LLC regarding our privacy practices at the following email:

admin@Castability.actor

If you have any questions regarding Castability’s privacy practices, need to access the policy in an alternative format due to a disability, or if you would like to access, update, or delete your personal information, please contact us here via email to admin@Castability.actor.

11. Changes To The Privacy Policy

This Privacy Policy is effective as of January 10th, 2020. Castability reserves the right to change this Privacy Policy at any time. Castability does not undertake to provide you with personal notice of any changes. In the event of material changes, Castability will provide notice by means that are reasonable under the circumstances, such as by posting a notice on the websites. Your continued use of Castability following the posting of changes to this Privacy Policy means you accept those changes.

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