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privacy policy

Last Updated: 28 October 2018

 

Data privacy is of high importance for Novel Creatives ("NC") and we want to be open and transparent with our processing of your personal data. This website is not intended for children under the age of 16 and requires written parental consent for members under the age of 18. The information displayed on this site is suitable for children of 16 years and upwards.

 

We, therefore, have a policy setting out how your personal data will be processed and protected.

 

What data do you collect about me?

 

Personal data, or personal information, means any information about an individual from which that person can be identified. You can find out more about personal data from the Information Commissioner's Office.

 

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes first name/last name/ username / title / age (range) 

  • Contact Data includes billing address / email address / telephone numbers / social media handles. 

  • Transaction Data includes details about payments to and from you/other details about services you provided or bought through the platform.

  • Technical Data includes IP address/login data/browser type and version/location/operating system and platform/other technology on the device you use to access our website.

  • Profile Data includes your username and password/your interests/preferences/feedback/working practices. 

  • Usage Data includes information about how you use our website and services.

  • Marketing and Communications Data includes your preferences in receiving marketing from us/your communication preferences.

 

We also collect and use Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

 

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses.

 

 

Who is the controller of your personal data?

 

UK based, Khandiz Joni Towill is the owner of Novel Creatives (“NC”) and is the controller of the personal data you submit to us and responsible for your personal data under applicable data protection law.

Our contact details are: 14c St Mary’s Road, London. NW10 4AP. United Kingdom.

 

For all data matters, contact our data representative on hello@novelcreatives.com


 

 

Where do we store your data?


The data that we collect from you is stored within the European Economic Area (“EEA”) but may also be transferred to and processed in a country outside of the EEA with our third-party Data Processors, Wix Ltd. (https://www.wix.com/about/privacy), 123 Form Builder, Sharetribe Ltd and Google.com (https://policies.google.com/privacy?hl=en-GB&gl=uk).

 

Any such transfer of your personal data will be carried out in compliance with applicable laws.

For transfers outside the EEA, Wix Ltd and Google Ltd will use Standard Contractual Clauses and Shields as safeguards for countries without adequacy decisions from the European Commission.

 

We will only retain your personal data 14 months or for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. By law, we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

 

In some circumstances you can ask us to delete your data: see Your legal rights below for further information.

 

In some circumstances, we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

 

 

Who can access your data?

 

Our third-party data processors, Wix Ltd. (https://www.wix.com/about/privacy), 123 Form Builder, Sharetribe.com have access to your data in order for you to exercise your rights. 

 

We never pass on, sell or swap your data for marketing purposes to third parties.

 

Any payment transactions will be encrypted using SSL technology through our secure payment partners. Payments made on our site are made through our payment solutions providers, (i) Stripe Inc. (“Stripe”) at www.stripe.com and PayPal Holdings Inc (“PayPal”) at www.paypal.com. 

 

Data that is forwarded to third parties, is only used to provide you with our services. You will find categories of third parties under every specific process below.

 

 

What is the legal ground for processing?


For every specific process of personal data, we collect from you, we will inform you whether the provision of personal data is statutory or required to enter a contract and whether it is an obligation to provide the personal data. Where we need to collect your personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services). In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.

 

To give you more transparent and clear information on how we process your personal data, we have divided the Privacy Notice into different chapters, which can be found at the bottom of this notice. Depending on if you are a Community Subscriber, Client or Supplier, different parts of the notice will apply to you. In each chapter, we describe in even more detail what personal data we have about you and how we use it. We have also added more information about your rights, for example how to get access to your data and how to request that we stop using your data.

 

i. Performance of Contract this means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

ii. Legitimate Interest this means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by writing to us at hello@novelbeings.com.

 

 

What security measures do you have in place to protect my data?

 

We use malware and anti-virus software, secure cloud storage and encrypted files to ensure we are keeping your personal data secure. We do not produce or keep hard-copies of your documentation.

 

Any third-party services we use to manage our business offer "state-of-the-art" security measures to keep yours and our data safe.

 

 

What are your rights?

 

  • Right to access:

You have the right to request information about the personal data we hold on you at any time. You can contact us and we will provide you with your personal data via email.

 

  • Right to portability: 

Whenever Novel Creatives processes your personal data, by automated means, based on an agreement, you have the right to get a copy of your data transferred to you or to another party. This only includes the personal data you have submitted to us.

 

  • Right to rectification:

You have the right to request rectification of your personal data if the information is incorrect, including the right to have incomplete personal data completed.

 

  • Right to erasure:

You have the right to erase any personal data processed by Novel Creatives at any time except for the following situations:

*you have an ongoing matter with us
*you have an open order which in which the product or services has not been delivered or completed
*you have an unsettled debt withNovel Creatives, regardless of the payment method
*if you are suspected or have misused our services within the last four years
*your debt has been sold to a third party within the last three years or one year for deceased customers
*if you have made any purchase of product or service, we will keep your personal data in connection with your transaction for bookkeeping purposes

 

  • Your right to object to processing based on legitimate interest:  

You have the right to object to the processing of your personal data that is based on Novel Creativeslegitimate interest. Novel Creatives will not continue to process the personal data unless we can demonstrate legitimate grounds for the process which overrides your interest and rights or due to legal claims.

 

  • Your right to object to direct marketing:

You have the right to object to direct marketing, including profiling analysis made for direct marketing purposes.

You can opt-out from direct marketing by the following means:

* following the instruction in each marketing emails

*by logging into your account and managing the settings yourself
* by email hello@novelcreatives.com with the subject line "Opt Out"

 

  • Right to restriction:

You have the right to request that Novel Creatives restricts the process of your personal data under the following circumstances:

* if you object to a processing based on Novel Creatives legitimate interest, Novel Creatives shall restrict all processing of such data pending the verification of the legitimate interest.
* if you have a claim that your personal data is incorrect, Novel Creatives must restrict all processing of such data pending the verification of the accuracy of the personal data.
* if the processing is unlawful you can oppose the erasure of personal data and instead request the restriction of the use of your personal data instead
* if Novel Creatives no longer needs the personal data but it is required by you to defend legal claims.

 

Access to your personal data (or to exercise any of the other rights) is free of charge. However, we may charge a reasonable admin fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances. We may need to request specific information from you to help us confirm your identity and ensure your right 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.

 

How can you exercise your rights?

 

Send us an email to hello@novelcreatives.com. We take your privacy very seriously and are happy to help resolve any issue to the best of our ability. We 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.

 

 

Right to complain to a supervisory authority: 

 

If you consider NC to process your personal data in an incorrect way you can contact us. You also have the right to raise a complaint to the Information Commissioners Office on 03031231113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England, UK.

 

 

Your duty to keep us informed:

 

Please keep us informed if your personal data changes during your relationship with us. It is important that the personal data we hold about you is accurate and current.

 

 

Updates to our Privacy Notice:


We may need to update our Privacy Notice. The latest version of the Privacy Notice is always available on our website. We will communicate any material changes to the Privacy Notice, for example, the purpose of why we use your personal data, the identity of the Controller or your rights. You will always be able to see when the Notice was last updated at the top of this page.

 

Your rights
  • WHAT IS NOVEL CREATIVES?
    Novel Creatives is an online booking platform for creative people in the sustainable/ethical fashion, beauty and lifestyle industry to collaborate. Whether you’re a designer, photographer, brand, advertising company, makeup artist, session stylist, fashion stylist or model, NC enables you to plan and produce your projects on our platform. This ensures that the creatives you are sourcing work with the same set of ethics as your brand built on. What sets us apart from other casting or crewing platforms is that NC’s unique offering marries the values and principals principles of the original conscious creative agency, Novel Beings with the technology and freedom of a peer-to-peer marketplace, filling a gap in the market and addressing the growing movement of creatives practising their craft from a sustainable approach.
  • WHAT IS A NOVEL CREATIVE?
    A professional creative who lives and works to a strict set of personal ethics.
  • WHAT KIND OF CREATIVES/TALENT/BRANDS CAN SIGN UP?
    The skies are the limit. If you're creative, provide a professional service and practise with a strict set of personal ethics, you are eligible to be considered. Hair & makeup artists | Stylists | Food stylists | Props stylist | Art directors | Copywriters | Positive Influencers | Graphic Designers | Photographers | Set Designers | Film Makers | Models | Designers | Models
  • DOES IT MATTER WHAT COUNTRY I LIVE IN?
    You can sign up and browse the site from anywhere in the world. However, currently only the following countries are supported to make bookings through the marketplace: Australia 🇦🇺 Austria 🇦🇹 Belgium 🇧🇪 Canada 🇨🇦 Denmark 🇩🇰 Finland 🇫🇮 France (Metropolitan France only) 🇫🇷 Germany 🇩🇪 Hong Kong 🇭🇰 Ireland 🇮🇪 Italy 🇮🇹 (possibly with limitations as it is still in preview mode at Stripe) Luxembourg 🇱🇺 Netherlands 🇳🇱 New Zealand 🇳🇿 Norway 🇳🇴 Portugal 🇵🇹 (possibly with limitations as it is still in preview mode at Stripe) Spain 🇪🇸 Sweden 🇸🇪 Switzerland 🇨🇭 United Kingdom 🇬🇧 United States 🇺🇸 If you live in a country that is not yet supported by our marketplace/Stripe but would like to be notified when it does become available, please be sure to sign up and we will drop you an email once we have good news for you!
  • I AM STILL WAITING TO BE VERIFIED, HOW LONG DOES THIS TAKE?"
    Verification can take up to seven working days, but we will endeavour to have you cleared ASAP after we receive your completed Verification Form.
  • IS NOVEL Creatives AN AGENCY?
    No. Novel Creatives is strictly a marketplace for conscious creatives and independent and ethical brands to find each other for shoots and projects. NCM does not find work for individual artists, manage portfolios, calendars and availabilities nor take payments on behalf of any member of the marketplace.
  • CAN I BE talent AND a CLIENT?
    Yes! When you create a new listing through NCM, you will be asked if you are creating an Artist Profile, Jobs Board or Second Life. If you want to create an artist profile, in order to be found by other community members, you will need to select Artist Profile and fill in the required information to create a listing. If you already have a listing as an artist but also operate as a brand and want to advertise a job in order that other artists can find you, you will need to create a new listing and select Jobs Board.
  • IS THERE A LIMIT TO HOW MANY LISTINGS I MAY HAVE?
    Listings are limitless and are free to post.
  • CAN I "FOLLOW" MEMBERS I LIKE?"
    Yes, go-ahead! Click here to find out how.
  • DOES NC SET RATES FOR ARTISTS OR CLIENTS?
    No. Every artist sets their own rates and every job posting should stipulate a fee for the position you are needing to fill. We do, however, have some tips that might be helpful to both parties.
  • ARE THERE ANY HIDDEN COSTS?
    There are no hidden costs.
  • I KNOW SOMEONE WHO WOULD LOVE TO BE PART OF THIS COMMUNITY, MAY I INVITE THEM?"
    Please do! We want to grow this community organically (excuse the pun) and the only way we can do so is through peer-to-peer recommendations. You can send invitations directly from here. Remember to include a personal message so that they know it's worth their while to investigate Novel Creatives!
  • DO I HAVE TO BE BASED IN THE UK TO USE THE Novel Creatives?
    No! The beauty of this platform is that you can be (nearly) anywhere and find collaborators near you. However, as we are based in the UK, we set the display prices to GBP. We hope that, in time, Novel Creatives expands to offer country-specific marketplaces. In the meantime, here is a handy currency converterto guide you in setting your rates at if you're outside of the UK. Please note that if you are based outside of the UK, there may be fluctuations in the exchange rate from the day the booking was made to the day you are paid.
  • I RECEIVE TOO MANY EMAILS, HOW DO I PREVENT THIS?"
    You are in control of how often you receive mail from us. To change your email preferences: 1. Log into your account – click on your profile picture, in the top right-hand corner. 2. Click on Settings 3. Click on Notifications and update how often you receive automated emails. You've got the power.
  • WHAT IS RELIFE CYCLE?
    ReLife Cycle (formely, Second Life) is a place to sell your unwanted stuff. Samples, end of roll fabrics, brick-a-brac, half-used coloramas, gels, space-takers, you name it and give them a second home rather than sending it landfill. You will have to be a member to utilise this service.
  • WHAT COMMISSION DO YOU CHARGE OFF EACH SALE?
    There is a standard 15% commission or flat-fee of £1, whichever is the greater, deducted from all transactions through Novel Creatives.
  • I SEE THAT THERE IS AN OPTION TO MAKE PAYMENT USING STRIPE AND PAYPAL. WHICH SHOULD I CHOOSE?
    We strongly recommend that any booking related payments are made using the Stripe method as this is how we ensure that the artist/talent shows up and performs their services before receiving the funds. If you are buying something through Second Life, PayPal is the better option, but the choice is yours. We advise that the owners of the items do not send anything until payment has been received in full.
  • WHAT IS THE NO FREE WORK CAMPAIGN?
    This is a campaign was started by Freelancerclub.net to asks freelancers to pledge that they will not accept free work* and asks brands to commit to not advertise free work*. This is why we have set a minimum free on NC for all actionable listings. If you would like to pledge your name, either as a freelancer or a company, you can do so here. Definition: Unpaid work Unpaid work is any scenario where a business exploits an individual for commercial gain by not paying for labour or services that have been provided by that individual. Unpaid work can have an effect on the relationship between freelancers and their clients. It creates an environment where freelancers suspect their clients of trying to take advantage of them, rather than a positive working relationship. Unpaid work not only devalues the individual but impacts the creative industry resulting in a lack of diversity, a diluted talent pool and a poorer economy.
  • HOW DO I DELETE MY DATA?
    On the marketplace, you are in total control of this. You can delete your account and this will delete all the data we have on you through the marketplace. If you would like us to delete your data submitted in your verification application, please email us at hello [@] novelcreatives.com with the subject line reading: "DATA DELETION REQUEST." We will send you an email confirming that we have deleted your data as soon as we have. This can take up to one calendar month, however it usually happens much faster.
  • SO DOES Novel Creatives TAKE A CUT?
    Yes, we do. We are after all, still a business and it costs money to run and manage the marketplace. While the marketplace is free to join (you do need to verified), there is a 15% commission OR £1 (whichever is greater) changed on each transaction. This fee is taken off the top of the total rate.
  • 15% SOUNDS LIKE A LOT, HOW IS THIS WORTH MY WHILE?"
    Look at it like this. Agency fees are usually between 20-25% for both parties (so that means between 40 - 50% of the available budget, which, ultimately comes out of what you, the artist, could be getting paid.) See how it is worth your while now? You are only paying this commission on confirmed bookings. No booking, no fee. We also make a monthly donation to Green Peace and Care International, as well as give other ad-hoc donations to charities we feel are in line with our values.
  • I SET MY RATE As X, BUT RECEIVED Y. WHY?"
    Because Novel Creatives takes a 15% commission (as explained above and in our Terms of Use). If you wanted to make £100, for instance, and you set your rate to £100 on the marketplace, then you would get £85. In order to ensure that you are getting your "happy rate" - the amount of money you are happy earning - be sure to factor in the commission when you're setting your rates. Remember though, the 15% commission is calculated from the total rate you state in each listing. So, if you set the rate to £115 (£100 +15%), you would earn £97.75 and not £100.
  • WHY SHOULD I ACCEPT BOOKINGS THROUGH Novel creatives AND NOT DIRECTLY?
    There are a number of reasons: 1. You have a sense of security that the client says who they say they are. We do a bunch of due diligence before we allow anyone to become a fully-fledged member of the community. 2. Let’s face it – even those clients with the best ethics aren’t always the best payers. Chasing money as a freelancer is a huge time waster… and time is money. We get the entire payment upfront and it is held in escrow (through Stripe, our reputable, secure payment partner) until the job is completed. Once the job is finished, you get paid within 10 working days of completing the job (usually faster). 3. The only time you don’t get paid is if you don’t show up. 4. The other benefit is, if for some reason you aren’t able to make the shoot after the booking has been confirmed between yourself and the client – you have a network of other artists with the same principals and values as you who can pick up the job on your behalf. 5. You are able to manage your own profile. Show your availability (and save time with potential clients asking when you are available) and set your own rates.
  • WHAT IF A CLIENT CONTACTS ME DIRECTLY TO WORK WITH THEM, BUT THEY HAVE FOUND ME THROUGH Novel creatives?"
    Sure it’s tempting to accept work directly from clients who you have met through NC, however, you do not have the safeguards in place that the marketplace provides (see above). Also, you will be in breach of our Terms of Use policy and risk being removed and/or banned from using the site.
  • HOW DOES Novel Creatives MAKE SURE I GET PAID?
    When a client "books" you through the platform, they have to pay the full, agreed fee upfront via debit or credit card. This transaction is handled by our payment partners, Stripe, who hold the full fee in escrow. We do not have any access to the funds. Once the job has been marked as complete, the fee, less the commission, gets paid directly into your bank account.
  • HOW DO I SET UP MY ACCOUNT SO THAT I CAN BE PAID?
    Click on your profile image in the top right-hand corner. Click on Settings Select Payments from left-hand menu Click on Add Bank Details We DO NOT store any of your bank details. This information is stored by Stripe, our secure payment partners. Read our Privacy Policy.
  • DO I HAVE TO PROVIDE AN INVOICE TO THE CLIENT?
    Both you and the client are sent a receipt upon payment. However, as the booking contract is between yourself and client, if they require a tax invoice, you will have to provide one. This would be for the full rate quoted on the listing. You may be able to write off the commission paid to NC as a business expense. Please contact your account for further advice regarding this.
  • WHAT ARE THE BENEFITS TO MY BRAND IF I USE AN ARTIST THROUGH YOUR MARKETPLACE?
    Simply put, they add value to your story. By hiring one (or many) of the creatives through the marketplace, you are able to rest assured that the products and practices they use will not harm or impact the environment in a negative way. You also get to shout about the fact, if you so choose.
  • I DON'T HAVE TIME TO SEARCH THE MARKETPLACE. HOW DO I POST A JOB LISTING SO RELEVANT ARTISTS CAN APPLY AND I CAN CHOOSE THE ONE I FEEL IS MOST SUITABLE?
    1. Log into your account. 2. Hit the +New Listing button in the top right-hand corner. 3. Select "Jobs Board". Next, select what the type of shoot/event best represents what you are going to be producing. 4. select the listing type (Job Listing) and complete the form. This listing will look a little different to an Artist Profile listing as you won't have a payment button. (For obvious reasons we think. If it's not obvious, it's because that would mean the artist would have to pay you to do the job, and that doesn't make sense, now does it?) Once you have found your preferred artist/s, simply asking them to create a new listing on their profile with the agreed rate, and you will then have to go onto their page, click on the listing and make the payment. We know it seems a little convoluted, but currently, this is the only way it can be done. It's really far more simple than it sounds.
  • WILL IT COST ME MORE TO HIRE A PROFESSIONAL THROUGH NCM FOR MY SHOOT/EVENT?
    No. Each creative sets their own rates. These rates are based on their years of expertise within their field and relative rates to the market where they live and work. As this is a marketplace, you are able to look around for creatives with a suitable skill set, experience level and rate for your budget.
  • I'VE NEVER PRODUCED A SHOOT BEFORE, HOW DO I KNOW WHAT PRICES TO OFFER OR IF THE RATES BEING QUOTED ARE FAIR?"
    While we do not provide or suggest rates, there is some 'best practice' to consider. We do, however, insist that rates be set to no less than the local living wage in the city or country you are shooting in. It is your responsibility to ascertain what these wages are based on your local. If you are UK based, here is the Living Wage calculation
  • I HAVE AN URGENT JOB LISTING I NEED TO POST BUT I HAVEN'T BEEN VERIFIED, WHAT DO I DO?"
    In order to ensure our community members safety, due diligence has to be carried out on our side and this takes time. However, if you have another community member who can vouch for you, we will consider expediting the verification process. Please email us with your request.
  • I'VE SEEN AN ARTIST WHO I WOULD LOVE TO WORK WITH, BUT THEIR RATES ARE HIGHER THAN I CAN AFFORD. WHAT DO I DO?"
    You never know until you ask. They may be more than happy to work with you if they are available on your shoot/event dates. We are pretty confident that more often than not, people will agree to drop their rates slightly if there is an alignment in values and the collaboration is more than just about money. They do of course have the right to so no.
  • HOW DOES PAYMENT WORK?
    You pay the full, agreed on fee upfront with a debit or credit card. Your payment is held in secure escrow (through our payment partners, Stripe - so Novel Creatives does not have access to the funds at any time) until you mark the job as complete. Please note that for service bookings, the system will automatically release the funds two days after the end date, should you not mark the job as complete or disputed in the payment thread. ​ If the creative/talent you booked doesn't turn up, you will receive a full refund, less any Stripe fees (if applicable). Because the artist/talent know they are guaranteed to be paid within days of completing the shoot, they are more likely to offer you favourable rates.
  • I REQUIRE A tax INVOICE FOR MY PAYMENT, WHO PROVIDES THIS?"
    The 'contract' is between you and the artist and therefore, the artist must provide you with an invoice for services rendered.
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