9.1 In respect of Controller Data that the Operator places on the Platform to run its studio business, the Operator gives the primary instructions and OneCast processes that data on the Operator’s behalf. That controller/processor language is used for contractual allocation and GDPR-style analysis where relevant. It does not limit any direct obligation OneCast has under Australian privacy law.
9.2 OneCast is independently responsible for Personal Information it collects or uses for its own purposes, including account administration, billing metadata, authentication, security logs, portal access records, support communications, analytics choices, fraud prevention, abuse investigations, legal compliance and service improvement using de-identified or aggregated data.
9.3 OneCast will process Controller Data for the purpose of providing and operating the Platform in accordance with this Agreement and the Operator Instructions. OneCast will not sell Controller Data, use Controller Data for third-party advertising, or use Controller Data to train a general AI model unless the Operator has expressly agreed and the relevant provider and data flow have been disclosed.
9.4 The Operator warrants that the Operator Instructions, and the processing of Controller Data they direct, comply with Applicable Privacy Law and that the Operator has all lawful bases, notices, consents and authorities required to enable OneCast to carry out the processing described in this Agreement.
9.5 If OneCast forms the reasonable view that an Operator Instruction would cause OneCast to breach Applicable Privacy Law, OneCast may decline to act on that instruction and will inform the Operator of the position.
9.6 Controller Data typically includes End Client names, contact details, project notes, briefs, communications, images, video, audio, booking information, portal access logs and activity records. The relevant Data Subjects typically include End Clients, their representatives, talent, models, employees, customers, audience members, members of the public depicted in Content, and Team Members whose information is incidentally recorded.
9.7 The Platform is not designed as a primary repository for sensitive information or special-category data. Sensitive information may nevertheless be incidentally captured in ordinary production work. The Operator must not intentionally use the Platform as a structured store for sensitive information unless OneCast has expressly agreed in writing and appropriate controls are in place.
9.8 The Operator is responsible for giving End Clients and other relevant individuals appropriate privacy notices and collection notices, and for maintaining its own privacy policy or collection statement where required by Applicable Privacy Law.
9.9 If OneCast receives a Data Subject request in respect of Controller Data, OneCast will, where the requestor is identifiable as relating to the Operator’s account, refer the request to the Operator. The Operator is responsible for responding to the requestor unless OneCast is required by law to respond in its own right.
9.10 OneCast provides self-service tooling that the Operator can use to view, edit, delete and export records. Taking into account the nature of processing and the information available to OneCast, OneCast will provide reasonable assistance on request where the self-service tooling is insufficient. OneCast may charge a reasonable cost-recovery fee for assistance that goes materially beyond ordinary support.
9.11 OneCast may generate and use aggregated, anonymised or de-identified information derived from operation of the Platform for the purpose of operating, securing, improving and reporting on the Platform. Such information ceases to be Controller Data once it has been irreversibly de-identified.
9.12 The privacy notice details in clause 25 describe how OneCast collects, uses, discloses, stores and protects Personal Information for its own purposes.