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PRIVACY NOTICE |
This notice explains how we handle your personal data. It includes the additional information at the end of the document (“Additional Information”) where we explain what we mean by “personal data”, “processing”, “special category data” and other terms specifically used in this privacy notice. This notice does not create contractual rights or obligations and may be amended by us at any time.
1. The data we hold and why we process it: We process data for the purposes of running our business including for production, broadcasting, distribution and marketing. The Additional Information section provides more specific information on these purposes, on the type of data that may be processed and on the grounds on which we process data.
2. Where the data comes from and who we share it with: The personal data that we process about you comes from you, which can include your name, age and email address or, for example, your bank details which are required in order to make payments to you. It may be seen by our staff and contractors who are working on the production and we may also pass your data outside the organisation, if applicable (eg third party payroll agencies).
3. How long do we keep your personal data for? PLEASE SEE OUR RECORD RETENTION SCHEDULE IN THE DPP.
4. Transferring data outside the UK and EEA: We may transfer your personal data outside the UK and EEA where we have a foreign server storage provider. If you featured in a production, the data constituting your performance may be transferred out of the UK and EEA for programme broadcast, distribution and marketing purposes.
5. Your rights: You have a right to make a subject access request to receive information about the data that we process about you, as set out in the Additional Information.
6. Contact: In processing your personal data, we act as a data controller and our main point of contact for data-related matters is the DPO.
Additional Information
1. Terminology
“personal data” is information relating to you that identifies you and includes not only facts about you, but also intentions and opinions about you.
Personal Data includes information held on, or relating to use of, a computer, laptop, mobile phone or similar device. It covers data derived from equipment such as access passes within a building, data on use of vehicles and sound and image data such as CCTV. It also covers video, audio and images captured as part of a production.
"processing" means doing anything with the data, for example, it includes collecting it, holding it, disclosing it and deleting it.
“special category data” is Personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, health, sexual orientation, sex life, trade union membership and genetic and biometric data are subject to special protection and considered by EU privacy law to be “special category data”.
References in the Crew Privacy Notice to work or services (and similar expressions) include any arrangement we may have under which an individual provides us services in relation to a production. We use the word “you” to refer to anyone within the scope of the notice.
2. Legal grounds for processing Personal Data
Under data protection law, there are various grounds for legitimately processing personal data. In some contexts more than one ground applies which are summarised below as Legal obligation, Legitimate Interests and Consent and outline what those terms mean in the following table.
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Term |
Ground for processing |
Explanation |
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Legal obligation |
Processing necessary to comply with our legal obligations |
Ensuring we perform our legal and regulatory obligations. For example, compliance with the Ofcom broadcast code or other regulation. |
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Legitimate Interests |
Processing necessary for our or a third party’s legitimate interests |
We or a third party have legitimate interests in carrying on, managing and administering our respective businesses effectively and properly and in connection with those interests processing your data. Your data will not be processed on this basis if our or a third party’s interests are overridden by your own interests, rights and freedoms. |
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Consent |
You have given specific consent to processing your data |
In general processing of your data in connection with the services you provide is not conditional on your consent, although there may be general exceptions to this. |
3. Processing Special category data
If we process special category data about you, we will only carry this out for one of the permitted reasons under Schedule 8 of the Data Protection Act 2018, including where it is necessary at law or where there is substantial public interest in doing so.
4. Further information on data we process
The following is a short list of examples of what kind of personal data we may process and the grounds for doing so. We may also require criminal background checks for certain roles – for example those working with minors.
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Purpose |
Examples of personal data that may be processed |
Grounds for processing |
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Engagement |
Information concerning your taking part in our productions and our assessment of it, your references, any checks we may make to verify information provided or background checks. If relevant, we may also process information concerning your health (including any data required pursuant to any COVID-19 protocols), any disability and in connection with any adjustments to filming arrangements. |
Legal obligation Legitimate interests |
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Contacting you or others on your behalf |
Your address and phone number, emergency contact information and information on your next of kin. |
Legitimate interests |
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Enabling the creation, sale and distribution or broadcast of a production you are taking part in |
Information connected with your participation including, the processing of images/ video/ audio of you.
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Legal obligation Legitimate interests |
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Providing details in connection with your seeking to participate on other production |
Information on your taking part in one of our productions. |
Consent Legitimate interests |
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Monitoring of diversity and equal opportunities |
Information on your nationality, racial and ethnic origin, gender, sexual orientation, religion, disability and age as part of diversity monitoring initiatives. Such data will be aggregated and used for equality of opportunity monitoring purposes. Please note we may share aggregated and anonymised diversity statistics with regulators if formally required / requested. |
Legitimate interests |
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Disputes and legal proceedings |
Any information relevant or potentially relevant to a dispute or legal proceeding affecting us. |
Legitimate interests Legal obligation |
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Day to day business operations including marketing and travel on our behalf |
Information relating to your participation in a programme. This may include a picture or profile of you. Information regarding your travel arrangements and location. |
Legitimate interests |
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Maintaining appropriate business records during and after your participation in a programme |
Information relating to your participation in one of our productions. |
Legal obligation Legitimate interests |
If you are appearing in one of programmes (in the background or in the ‘behind scenes’ versions of the Programme), on some occasions we or third parties will rely upon exemptions to data protection rules in relation to journalistic freedom, the right to artistic expression or more generally, the right to freedom of expression (as mentioned in article 85 of the General Data Protection Regulation and in various jurisdictions’ data protection rules, for example in the UK’s Data Protection Bill section on the exemption for ‘journalistic, academic, artistic or literary purposes’.
5. Where data comes from- as above
6. Who gets to see your data
Internal use: Your personal data may be disclosed to our employees working on your production.
External use: We will only disclose your personal data outside our company if disclosure is consistent with a ground for processing on which we rely and doing so is lawful and fair to you. We may disclose your data if it is necessary for our legitimate interests as an organisation or the interests of a third party (but we will not do this if these interests are over-ridden by your interests and rights in particular to privacy).
Specific circumstances in which your personal data may be disclosed include:
- Disclosure to external recipients of electronic communications (such as emails) which contain your personal data.
- Disclosure of aggregated and anonymised diversity data to relevant regulators as part of a formal request.
- If you have an on-screen role (including any appearance in a ‘behind the scenes’ or ‘making of’ documentary for the Programme), disclosure of footage, images, or audio recordings of you as part of the broadcasting, distribution and marketing of the production. Or, whether you have an on-screen or off-screen role, to allow us to credit your role.
7. Retaining your Personal Data- PLEASE SEE RECORDS RETENTION SCHEDULE IN THE DPP
8. Access to your Personal Data and other rights.
We try to be as open as we reasonably can about personal data that we process. If you would like specific information, just ask us.
You also have a legal right to make a “subject access request”. If you exercise this right and we hold personal data about you, we are required to provide you with information on it, including:
- Giving you a description and copy of the personal data
- Telling you why we are processing it
If you make a subject access request and there is any question about who you are, we may require you to provide information from which we can satisfy ourselves as to your identity.
As well as your subject access right, you may have a legal right to have your personal data rectified or erased, to object to its processing or to have its processing restricted. If you have provided us with data about yourself, for example your address, you have the right to be given the data in machine readable format for transmitting to another data controller. This only applies if the ground for processing is Consent.
If we have relied on consent as a ground for processing, you may withdraw consent at any time – though if you do so that will not affect the lawfulness of what we have done before you withdraw consent
10. Complaints
If you have complaints relating to our processing of your personal data, you should raise these with your key contact at the production in the first instance. You may also raise complaints with your statutory regulator. For contact and other details ask your key contact at the production.