Privacy Policy for CMC/Forecast, Inc. Signatory Co-Producer Services

CMC/Forecast, Inc. (“CMC”) is committed to respecting and protecting your privacy.

This Privacy Policy describes how we collect, use, disclose, store and otherwise process information collected during the process of performing signatory co-producer services for our clients.

Information We Collect

In order to act as a union signatory co-producer for certain commercials, productions, and/or live events (collectively “Productions”) in order to facilitate the hiring of union affiliated Talent, Crew or other personnel (collectively “Workers”), CMC may receive, collect, or create a variety of information, including tax forms, session reports, time sheets, Payee contracts, payroll stubs, and other wage related information. The categories of information may include name, address, contact information, employment information, tax and payment information, union membership and, potentially, medical information (only if you are injured and make a workers’ compensation claim). This information is most often collected by our clients (or their agents), but may also be collected by CMC directly from Workers (this mostly only occurs if you contact us directly to update your information). Any emails or other communications addressed to CMC may also be collected and retained, per our records retention policies.  

How Collected Data Is Used

Information collected and created while providing signatory co-producer services is used solely for the purposes of acting as a signatory co-producer of the relevant Production, providing required reports to our clients (the other producers of the Production – usually agencies, brands, or production companies), providing reports to applicable unions, pension funds, tax authorities, and governmental entities, and to perform associated legally required duties.

We never use information collected via signatory co-producer services for marketing purposes, nor do we share such information with any third-parties, except those listed below, as required by law or in order to provide the signatory co-producer services.

Information Disclosed to Outside Parties

We provide information as required to applicable unions and guilds including their applicable benefits plans, tax authorities, governmental entities, the relevant agencies and advertisers who engage us, and those courts and legal authorities exercising jurisdiction over relevant legal proceedings.

We do not otherwise sell, trade, or transfer collected information to outside parties, unless we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.

Signatory co-producer data is processed in the United States, Canada, and the United Kingdom.

How We Protect Your Information

Security of all information is of the utmost importance for CMC. We use technical and physical safeguards to protect the security of your personal information from unauthorized disclosure. We also make all attempts to ensure that only necessary people and third parties have access to personal and confidential information.

We require that our third party service providers (1) use confidential information only to perform their obligations, and (2) otherwise maintain the confidentiality of such information. These third party service providers and channel partners are expected to maintain privacy and security protections that are consistent with CMC’s privacy and information security policies.

Your Rights

You have a variety of rights you may exercise with respect to your personal information.  While legislation only requires that we honor certain requests from people who live in certain jurisdictions, we believe in your privacy rights regardless of where you live and, therefore, allow anyone (including agents) from anywhere to exercise any of those same rights, and we will not discriminate in any way against anyone for doing so.  

As such, you can exercise the following rights with respect to your PII that we have: (1) access your information, (2) correct or update your information, (3) delete your information, (4) Do Not Sell directive (unnecessary because we do not ever sell applicant information), (5) receive, transfer or port your information to someone else, (6) find out who we’ve disclosed your information to, and (7) unsubscribe or opt-out. To exercise any of these rights, please click here.  However, due to the nature of some of the data (wage and employment related), there are some requests we may not be able to comply with due to our legal obligations.

GDPR

CMC is committed to protecting your data in compliance with the General Data Protection Regulations (GDPR). For Workers who perform services in the United States, CMC is almost always a dual or joint Controller (along with your actual employer) of your data. In other circumstances, we are almost always a Processor (with your employer or their agents being the Controller). Should you have any issues with how we handle your data, we request that you contact us first so that we can make every effort to address your concerns. You also have the right to lodge a complaint with a local data supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at http://ico.org.uk/concerns/ or telephone: +44303-123-1113.

For further information on your rights under GDPR, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals rights under the General Data Protection Regulation.

CCPA

If you are a California resident, California law provides you with particular rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://oag.ca.gov/privacy/privacy-laws. To exercise any such rights, please click the link above within the “Your Rights” section.

For data regarding Data Requests we received and responded to in 2021, please see the Consumer Data Request Report

Legal Basis For Processing Data

Our legal basis for processing the personal information will depend on the personal information concerned and the specific context in which we process it. However, we will normally process personal information from you only where: (a) we have your consent to do so, (b) where we have a legal obligation to do so, or (c) where the processing is in the legitimate interest of you and/or your employer (and not overridden by your data protection interests or fundamental rights and freedoms) in order to pay you money that is owed by our client. 

Where we rely on your consent to process the personal information, you have the right to withdraw or decline your consent at any time. Please note that this does not affect the lawfulness of the processing based on consent before its withdrawal. Withdrawing consent may limit, delay, or prevent our ability to process payments owed to you.

Should you have any issues with how we handle your data, we request that you contact us first so that we can make every effort to address your concerns. You also have the right to lodge a complaint with a supervisory authority. We rely on standard contractual clauses to authorize any necessary international data transfers.

International Transfers

We receive data from customers wherever they sign in to our application globally. We store and process data in the United States, Canada and the UK, depending on customer and payee location and payroll needs. Data accessed by customers internationally may be transferred by such customers. In most cases, transfers are governed by Standard Contractual Clauses.

Privacy Shield Compliance

CMC complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. CMC has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

In compliance with the Privacy Shield Principles, CMC commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact CMC at privacy@cmcforecast.com.

CMC has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) with regard to unresolved Privacy Shield complaints concerning human resources data transferred from the EU in the context of the employment relationship.

CMC is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC) with respect to its use of your data. Under certain conditions, you may have the right to invoke binding arbitration regarding your privacy rights. If CMC wrongly transfers your private data to third parties, it may be liable to you for damages.

For more information on how we comply with Privacy Shield, see our Privacy Shield Supplemental Policy.

Children

CMC recognizes the importance of protecting the privacy and safety of children. Our services are primarily directed towards the advertising industry and are not directed towards children. We may, however, process information about children under the age of 16 for the purposes of paying children who are hired by our clients. We will never use any such information for any purpose other than to provide the payroll services.

Data Retention

We retain data we collect for Payroll processing strictly for the purpose of providing the Payroll Services. We may be obligated to retain data for contractual or regulatory reasons. Due to our legal obligations related to wage and tax payment, we are not able to delete your wage related information for seven (7) years following completion of the applicable payments.

Changes to This Policy

CMC reserves the right to change, modify, add or remove portions of this Privacy Policy at any time without notice (except when legally obligated to provide notice). Any changes to this Privacy Policy will become effective when we post the revised version on our website.

Contact Information

You can contact privacy@cmcforecast.com or 1-800-324-5672 if you have questions about this privacy policy, or for requests related to your privacy rights.

Last updated: March 23, 2022 to update CCPA regulations