PRIVACY NOTICE
1. INTRODUCTION
a) This privacy notice (Privacy Notice) sets out the ways in which we, Jonathan Pegg Literary Agency (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.
b) Our website is not intended for children. We do not knowingly collect or maintain the personal information of children under the age of 13. If you are under the age of 13, please do not access our website at any time or in any manner. We will take appropriate steps to delete the personal information of persons under the age of 13.
2. ABOUT US
a) Jonathan Pegg Literary Agency is a sole trading company
b) You can contact us as follows:FAO: Jonathan Pegg, Literary Agent
Address: c/o Workshop, 47 Southgate Street, Winchester, SO237EA
Email: info@jonathanpegg.com
3. INFORMATION WE MAY COLLECT ABOUT YOU
a) Information that you provide to us
We will collect any information that you provide to us when you:
(i) make an enquiry over the phone, by email, in writing or on our website;
(ii) submit manuscripts or other content to us by post, email or via our website;
(iii) enter into a contract with us to represent you;
(iv) submit an application to a job vacancy;
The information you provide to us might, depending on the circumstances, include your name, addresses, email addresses and phone numbers, and if you are submitting a manuscript or a job application you may also provide additional information about your academic and work history, references and any other such similar information as may be required. For authors we represent we may need to collect some fiscal information (such as your bank details, VAT number and or/other financial data) and information about your publishing history (such as your existing contracts with publishers or other licensees of your work), so that we can carry out the service we have been contracted to provide.
b) Information we collect about you:
(i) We will collect any information contained in any correspondence between us. For example, if you contact us using a query button on our website or by email, post or telephone, we may keep a record of that correspondence;
(ii) We will collect information about your interactions with the website, including information such as login data (in the event of the website requiring login), IP address, page views, searches, requests and other actions on the website;
(iii) We may also collect certain information about how you use our website and the device that you use to access our website, even where you have not created an account or logged in. [This might include your geographical location, device information (such as your hardware model, mobile network information, unique device identifiers), the data transmitted by your browser (such as your IP address, date and type of the request, content of the request regarding the specific site, time zone settings, access status/HTTP status code, volume of data transmitted, browser type and version, language settings, time zone settings referral source, length of visit to the website, date and time of the request, operating system and interface) number of page views, the search queries you make on the website and similar information.] This information may be collected by a third-party website analytics service provider on our behalf and/or may be collected using cookies or similar technologies. For more information on cookies please read the COOKIES section below].
c) Information we receive from third parties
In certain circumstances, we will receive information about you from third parties. For example:
(i) If we represent you, we may use third party providers (such as online bookseller websites) to verify or add to information provided by you in connection with your publication history and activities that are relevant to the marketing of your book, and you will normally authorise us to receive information from your publishers and other licensees about your contracts, performance, royalties and other payments;
(ii) If you are a job applicant we may contact your recruiter, current and former employers and/or referees, who may be based inside or outside the EU, to provide information about you and your application; and
(iii) We will collect information from our website security service partners who are based inside the EU, about any misuse to the website, for instance, the introduction of viruses, Trojans, worms, logic bombs, website attacks or any other material or action that is malicious or harmful.
(iv) We might also receive information about you from third parties if you have indicated to such third party that you would like to hear from us.
4. HOW WE USE INFORMATION ABOUT YOU AND RECIPIENTS OF YOUR INFORMATION
a) We will use your information for the purposes listed below either on the basis of:
(i) performance of your contract with us and the provision of our services to you;
(ii) your consent (where we request it);
(iii) where we need to comply with a legal or regulatory obligation; or
(iv) our legitimate interests or those of a third party (see paragraph 4.3 below).
b) We use your information for the following purposes:
(i) To manage our relationship with you, which will including notifying you about changes to our terms of use or privacy policy (on the basis of performing our contract with you, to comply with our legal obligations and on the basis of our legitimate interests to keep our records updated and study how our website and services are used);
(ii) To contact you and manage and facilitate our business relationship with you, including (if we represent you) the administration of your contract with us (including administration of any contracts with third parties when we represent you on such contracts, on the basis of performing our contract with you);
(iii) To enable (if we represent you) the receipt, review, promotion, licensing and management of your literary work(s) including sharing your information in the UK and internationally with prospective and contracted publishers, co-agents and literary scouts (on the basis of performing our contract with you);
(iv) To administer publishing contracts we have made on your behalf, including processing and payment of royalties (on the basis of performing our contract with you);
(v) To process any job applications you submit to us, whether directly or via an agent or recruiter including sharing this with our third party recruitment agency (on the basis of our legitimate interest to recruit new employees or contractors);
(vi) To deal with enquiries or complaints about the website and share your information with our website developer, Think Creative Consultants Ltd, as necessary to provide support (on the basis of our legitimate interest in providing the correct services to our website users and to comply with our legal obligations);
(vii) To interact with users on social media platforms including LinkedIn, Facebook and, 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);
(viii) To enable us to comply with our policies and procedures and enforce our legal rights, or to protect the rights, property or safety of our employees 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); and
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 on 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:
→personalising, enhancing, modifying or otherwise improving the services and/or communications that we provide to you;
→detecting and preventing fraud and operating a safe and lawful business; and
→improving security and optimisation of our network, sites and services.
→providing representation according to our client agreements.
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
a) 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:
(i) third parties we work with to deliver our business which include our website hosts Think Creative (UK), our accountants Nyman Libson Paul (UK), our serviced office providers SW Four (UK), our bank HSBC (UK) and advisers such as your solicitor or accountant;
(ii) publishers or other licensees of your work (or prospective publishers and licensees), as well as sub- or co-agents, advisors (such as your solicitor or accountant) and editorial service providers, where applicable and given your consent in the form of a client agreement signed by you;
(iii) any prospective buyer of our business or assets, only in the event that we decide to sell our business or assets;
(iv) 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.
We require third parties to maintain appropriate security to protect your information from unauthorised access or processing.
6. COOKIES
a) We use cookies to ensure that you get the most out of our website. Cookies are small amounts of information in the form of text files which we store on the device you use to access our website. Cookies allow us to monitor your use of the software and simplify your use of the website.
b) If you do not wish for cookies to be installed on your device, you can change the settings on your browser or device to reject cookies. For more information about how to reject cookies using your internet browser settings please consult the “Help” section of your internet browser (or alternatively visit http://www.aboutcookies.org). Please note that, if you do set your Internet browser to reject cookies, you may not be able to access all of the functions of the website.
c) Cookies in use on this site are:
catAccCookies – Cookie set by the UK cookie consent plugin to record that you accept the fact that the site uses cookies.
d) Our website may contain content and links to other sites that are operated by third parties that may also operate cookies. We don’t control these third party sites or cookies and this Privacy Notice does not apply to them. Please consult the terms and conditions and Privacy Notice of the relevant third party site to find out how that site collects and uses your information and to establish whether and for what purpose they use cookies.
7. HOW WE LOOK AFTER YOUR INFORMATION AND HOW LONG WE KEEP IT FOR
a) We operate a policy of “privacy by design” by looking for opportunities to minimise the amount of personal information we hold about you. We use appropriate technological and operational security measures to protect your information against any unauthorised access or unlawful use, such as:
(i) ensuring the physical and digital security of our equipment and devices by using: appropriate password protection on all devices, online accounts and key documents; two-factor authentication when available; Hosted Exchange through IT co Micronet so that emails are stored securely in the cloud; 0365 for secure cloud storage of documents;
(ii) ensuring the security of our physical storage in London and Winchester; and
(iii) limiting access to your personal information to those, such as Jonathan Pegg’s assistants and the third parties discussed above, who need to access it in the course of their work.
b) We will retain your information for as long as is 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.
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.
8. INTERNATIONAL TRANSFERS OF YOUR INFORMATION
a) Our company is located in the UK.
b) 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.
c) If you are our client, we supply your name, address, and certain fiscal information (such as tax ID number, VAT number, etc) to co-agents and publishers around the world as necessary to perform our obligations in our contract to you.
9. YOUR RIGHTS TO THE INFORMATION WE HOLD ABOUT YOU
a) You have certain rights in respect of the information that we hold about you, including:
(i) the right to be informed of the ways in which we use your information, as we seek to do in this Privacy Notice;
(ii) the right to ask us not to process your personal data for marketing purposes;
(iii) the right to request access to the information that we hold about you;
(iv) in certain circumstances, the right to receive a copy of any information we hold about you (or request that we transfer this to another service provider) in a structured, commonly-used, machine readable format
(v) the right to request that we correct or rectify any information that we hold about you which is out of date or incorrect;
(vi) the right to withdraw your consent for our use of your information in reliance of your consent (refer to paragraph 4 to see when we are relying on your consent), which you can do by contacting us using any of the details at the top of this Privacy Notice;
(vii) the right to object to our using your information on the basis of our legitimate interests (refer to paragraph 4 above to see when we are relying on our legitimate interests) (or those of a third party)) and there is something about your particular situation which makes you want to object to processing on this ground;
(viii) in certain circumstances, the right to ask us to limit or stop processing information about you, or erase information we hold about you; and
(ix) 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.
b) Please note that we may need to retain certain information for our own record-keeping and research purposes. We may also need to send you service-related communications relating to your website user account even when you have requested not to receive marketing communications.
10. HOW TO EXERCISE YOUR RIGHTS
a) You may exercise your rights above by contacting us using the details in paragraph 2 of this Privacy Notice, or in the case of preventing processing for marketing activities also by checking certain boxes on forms that we use to collect your data to tell us that you don’t want to be involved in marketing [or by updating your marketing preferences via your account with us].
b) You may contact us via the details at the top of this Privacy Notice if you wish to action any of these additional rights and we will comply with your requests unless we have a lawful reason not to do so.
c) What we need from you to process your requests
(i) We may 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. We may also contact you to ask you for further information in relation to your request to speed up our response.
(ii) 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.
11. THIRD-PARTY LINKS
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 websites 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.
12. CHANGES TO THIS PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
a) 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 e-mail.
b) It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us by updating your profile account information or contacting us via the contact details at the top of this Privacy Notice.
This Privacy Notice was updated on 25th May, 2018.