PRIVACY POLICY/CONSENT TO COMMUNICATIONS
This policy describes Osbrink Agency online and offline information collection and use practices. This policy applies to information we collect from web visitors when you interact with our website. This policy also applies to our interactions with potential and current clients and to job applicants and employees. To print a copy of this policy, please click here.
Types of Information
The categories and types of information listed below generally identifies the type of information Osbrink Agency collects:
Contact information and identifiers for prospective clients, existing clients, and employees
Name, email address, home address, social security numbers, Union number (SAG AFTRA, ACTRA, AEA), birth certificate (where necessary to service clients or for business operations), passwords, and phone numbers (including mobile phone numbers) from clients or employees. By providing mobile numbers or at any time contacting us via SMS, you acknowledge and agree that we may communicate via SMS, that message and data rates may apply, and that you consent to such communications.
Contact information and identifiers for visitors
Name and email address.
Payment information
From employees or clients, we collect federal tax ID, W-9 information, and banking information. To use certain aspects of our services, such as collecting our commission and remitting compensation to you from bookings, we may require bank account information and a check authorization request from you. By submitting such account information through us or for our services, you expressly consent to the sharing of your information with third party merchants, billing processors and payment processors. These third parties and the Company may store your account information so you can use our services in the future. While we require that such third-party merchants, billing processors, and payment processors use reasonable procedures to help protects your account information, we cannot guarantee that transmissions of your account or Personal Information will always be secure or that unauthorized third parties will never be able to defeat the security measures take by us or our third-party service providers. We assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control.
Representation information
From clients, prospective clients, and individuals in the entertainment industry, we may collect preferences or details related to our representation business, including, without limitation travel, payment, auditions, booking preferences, current and former bookings and deals and current and former representation.
If you ever provide information to us about another person, you represent that you have the authorization of such person to provide us with such information.
Employment Information
From employees, applicants, clients and potential clients, we may collect resume, education and employment history, credentials and background check results.
Demographic Information
From potential and current clients and employees, we collect date of birth and gender data. From clients and potential clients, we may collect height, language and national origin. As a talent agency, it may also be necessary to collect information concerning our clients’ or prospective clients’ physical appearance.
Site usage Information
For visitors to our website, we may collect logs and session data, browser and operating system information, origin of visit, what site you visit after you leave, IP address or device identifiers.
Business Purposes for Information Use
Osbrink Agency uses the above categories of information collected for the business and commercial purposes outlined below:
Fulfilling Requests and Transactional Purposes
Contact information is used to communicate with clients, employees and others with whom Osbrink Agency does business. Contact and payment information is also utilized to process payments for clients and wages for employees. Contact and employment information is also used to communicate with job applicants.
Marketing
Contact information may be utilized to provide clients, prospective clients and others with information about new services or updates.
Providing Services
Contact, representation, and demographic information are utilized to provide talent agency and related services for clients, such as seeking employment for our clients in the entertainment industry. Payment information is utilized to provide talent agency services and process payments for our clients’ bookings.
Employment
Contact, demographic, and employment information is utilized in connection with human resources purposes. Payment and employment information is utilized to provide payroll and benefits to our employees.
Protection
Contact, demographic, site usage, and employment information are collected and may be utilized to the extent necessary to protect Osbrink and its clients, such as utilizing that information to identify fraud and secure our systems.
Other
Osbrink Agency may use all categories of information for other purposes as permitted by law.
How Information is Collected
The Osbrink Agency collects the above categories of information in the following ways:
Direct
Information is collected directly from clients and employees, including contact, payment, representation information, demographic information and payment information. This information can be collected online, by phone, in person or on paper forms.
Passive
We may collect site usage, browser and demographic information may be collected passively using tracking tools, such as cookies and pixels, when our website is visited.
Third Parties
We may collect information about you from third parties or websites including, contact, payment, representation, and demographic information. Third parties include websites (e.g., IMDBPro), people authorized to represent you or professional advisors (e.g., personal and business managers, bankers, lawyers, accountants), venues, production companies, casting directors, advertising agencies or tv networks.
Combining Information
The Osbrink Agency may combine the above information that we have collected offline, online and from third parties.
Sharing Information
The Osbrink Agency may share the information with other entities and companies in the following circumstances:
You or we may submit content on The Osbrink Agency site, and Instagram for posting.
Service Providers
We share information with those who perform services on our behalf, including contact, payment, and demographic information with vendors and companies that provide services. Such vendors may help us provide services to clients, help us review employee applications and/or help us provide benefits or services to employees.
Buyers & Business Associates
We share information with our buyers and business associates, including, without limitation, contact, representation, and demographic information with third parties that seek clients’ services.
Legal Compliance & Protection
We share information if required to comply with law or for protection purposes, including in response to a court order or subpoena, in response to requests from a government agency or investigatory body, or to investigate or prevent fraud or other similar conduct.
Successors
We will share information with any successor to all or part of our business if all or part of our business is sold, if there is a merger, consolidation, liquidation or acquisition, or if required for financing or a bankruptcy.
Sale to Third Parties
As we understand the term "sell" as used with personal information collected by websites, we do NOT sell any personal information to third parties.
Other
We may share information as permitted by law and for other reasons we may subsequently describe to you.
California, Georgia, Nevada, and New York Residents
Not with standing the specific reference to these States, we make reasonable efforts to comply with all privacy laws that may be applicable to and to our Clients. For California residents who are job applicants, employees or employees of another company interacting with us as part of your employment, you have the right to ask us what information we collect and use. You also have the right to ask what information we disclose and sell. You also have the right to request that we delete information we have collected from you. To exercise your rights contact us at 818-760-2488 or contact info@osbrinkagency.com. We will verify that your information matches information that you have previously provided to us. We will not discriminate against you because you have exercised any of your rights under the California Consumer Privacy Act. You can designate someone else to make a request by having them execute a notarized power of attorney to act on your behalf. Under California law we are required to tell you if we “sell” information as that term is defined by applicable law. Sell means to share personal information with a third party for monetary or other valuable considerations. We do not do this based on our understanding of that term. We also have disclosure obligations in Nevada. There, we do not exchange Nevada residents’ personal information for money with anyone so they may license or sell the personal information to additional parties. We do not sell personal information of minors under the age of 16. Nevada residents may opt out of the future sale of their information to a third party so that they may license or sell information by emailing us at info@osbrinkagency.com. To the extent Georgia or New York law applies, or the laws of any other States apply, similar obligations and rights exist or may exist. Please contact us as info@osbrinkagency.com with respect to the laws of other States.
EU Residents
To the extent such laws apply to The Osbrink Agency, you have certain rights. This includes a right to access, correct, and erase your information. You also have the right to lodge a complaint with your local supervisory authority. Please contact us at info@osbrinkagency.com to exercise your rights.
Minors
Our websites are meant for adults and are not meant for children. Our websites do not knowingly collect personally identifiable information from children under 13. If you are a parent or legal guardian and think your child under 13 has given us information, you can contact us at info@osbrinkagency.com. Please mark
your inquiries "COPPA Information Request." Parents can learn more about how to protect children's privacy on-line here.
Reasonable Security Measures
We use reasonable and appropriate security measures to the extent required by applicable law. Consistent with laws and relevant policies, we keep information for as long as necessary or relevant for the purposes described here.
Information Storage
We may store and process information and data inside the United States. To the extent you live outside of the United States, you understand, acknowledge and agree that we may transfer your information to the United States and that United States may not grant the same level of protection as the laws in your country. By submitting your information to the Osbrink Agency, you agree to the processing of it in the US as permitted by law. Consistent with laws and relevant policies, we keep information for as long as necessary or relevant for the purposes described here.
Third Party Websites
On our website we may link to third-party sites, and we may embed third party content that leads to third-party websites that collect information. The Osbrink Agency does not control those third parties. This Policy does not apply to the privacy practices of any third-party websites or third-party content. Please refer to the privacy policy of those websites for their policies. We hereby disclaim responsibility for the practices of these third-party sites.
Communications
By using this Site and/or submitting any information or material to us, you agree that The Osbrink Agency may communicate with you electronically, and you consent to the electronic delivery of communications from The Osbrink Agency via email, telephone call, or text message. To withdraw your consent to such communications, please email info@osbrinkagency.com.
Governing Law/Dispute Resolution/Arbitration
To the maximum extent permitted by law, all matters relating to the Site and this Privacy Policy and any dispute or claims relating thereto, shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
By using the website or disclosing Personal Information to us, you can agree that any dispute, claim or controversy arising out of or relating to this Privacy Policy or the breach termination, enforcement, interpretation or validity thereof, including
the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California before a single neutral arbitrator. The arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. ("JAMS") pursuant to its Comprehensive Arbitration Rules and Procedures except that discovery shall be limited to no more than 35 requests for production of documents. Except on a showing a good cause and an order of the appointed arbitrator, no other discovery shall be permitted. The parties to arbitration may use legal counsel at their own expense. Without limiting the generality of the foregoing, if any party seeks injunctive or equitable relief with respect to any actual or threatened breach of this Privacy Policy, or with respect to public injunctive relief, such party may seek relief in a court of competent jurisdiction. Notwithstanding anything else in this Privacy Policy or the JAMS rules, any parties subject to this arbitration provision shall be barred from bringing or participating in any Class Action (as defined below) related to a dispute covered by this arbitration provision. Notwithstanding anything else in this Privacy Policy or the JAMS rules, it is agreed that the arbitrator is specifically denied the authority to consider or certify any Class Action under this Privacy Policy. However, if these Class Action restrictions are ever deemed illegal or enforceable, they shall be severed from this arbitration provision. In that event, any Class Action shall by exempted from this arbitration provision and brought in court of competent jurisdiction of the state and federal courts of the State of California, County of Los Angeles, Central District. For purposes of this Privacy Policy, the term "Class Action" shall mean claims brought on behalf of or allegedly representative collective or private attorney general action. This arbitration provision is subject to Federal Arbitration Act and may be enforced in any court of competent jurisdiction.
Policy Updates
The Osbrink Agency reserves the right to make changes or updates to this Policy. We may notify you at your email address we have on file of any material changes to this Policy if required by law. Updates and changes to this Policy will also be posted on our website.