staff/freelancer privacy notice

WHAT IS “PERSONAL DATA” AND “PROCESSING”

“Personal data” is information relating to you (or from which you may be identified) that has been processed wholly, or partly by automated means, or which is (or is intended to be) processed to form part of a filing system.  It includes not only facts about you, but also intentions and opinions about you.

Data “processed automatically” includes information held on, or relating to use of, a computer, laptop, mobile phone or similar device.  It covers sound and image data such as CCTV and also covers video, audio and images captured as part of a production.

“Processing” means doing anything with the data, for example, collecting it, holding it, disclosing it and deleting it.

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 “sensitive personal data”.

References in Staff and Freelancer Privacy Notice to work or services (and similar expressions) include any arrangement or agreement we may have with an individual who provides us services in relation to a production. We use the word “you” to refer to anyone within the scope of the notice.

OUR LEGAL GROUNDS FOR PROCESSING PERSONAL DATA

Under data protection law, there are several principles that can be relied on when processing your personal data.  Depending on the context and the situation, more than one of the below categories may apply at any one time. These categories have been broken down as Contract, Legal Obligation, Legitimate Interests and Consent.

PROCESSING “SENSITIVE PERSONAL DATA”                          

If we are required to process “sensitive personal data” about you, as well as ensuring that one of conditions outlined above applies, we will also ensure that one or more of the grounds for processing sensitive personal data also applies.

 

These include:

  • You have given explicit consent for us to process your “sensitive personal data”

  • Processing is necessary for the purposes of carrying out your or our obligations and exercising specific rights in relation to your engagement in so far that it is authorised by law or collective agreement;

  • Processing relates to data about you that you have made public (e.g. if you tell us you are ill);

  • Processing is necessary for the purpose of establishing, making or defending legal claims;

  • Processing is necessary to protect the vital interests of you, or another individual e.g. for provision of health care or treatment, medical reasons, or if you are physically or legally incapable of giving consent. 

  • Processing for equality and diversity purposes to the extent permitted by law.

 

WHAT DATA PROCESS AND WHY(?) 

The Privacy Notice provided in your contract of employment outlines our purposes for which we process your personal data.  More specific information on these, examples of the data and our reasons for processing your data have been outlined and explained further in the table below. 

Please be aware that the table below does not outline ALL of the possible reasons we may need to process your data and in some circumstances we may be required to process or disclose your data to additional parties for legitimate or legal reasons e.g. if we were to find out that someone working for us was suspected of committing a criminal offence, we might process that information if relevant for our purposes.  We may also require criminal background checks for certain roles – for example those working with minors.

Please note that owing to the fact that you are appearing in one of programmes, 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’.

 

HOW WE GET YOUR DATA                              

When you start working with us or one of our productions, the initial data that we process about you is likely to have been provided by you, for example your contact details, bank details, a copy of your passport for immigration purposes.  

In some circumstances, as detailed above, we may also be required to run various background checks on you to verify information you have provided, or for purposes relating to your health and safety or disclosing information about your criminal background. In this case we may receive data pertaining to you from 3rd parties such as a medical health professional or the Criminal Record Bureau.  

In the course of your engagement we may also receive personal data relating to you from others e.g. managers, other employees of ours involved in the production you are working on, our IT system. 

WHO SEES YOUR DATA?        

Internal use: Your personal data may be disclosed within Knickerbockerglory Ltd and to our employees working on the production you are in connection including any managers and company administrators for the purpose of broadcasting, distributing, marketing as well as administrative and management purposes.

External use: We will only disclose your personal data outside of Knickerbockerglory Limited if doing so complies with one of the lawful reasons for processing outlined above and when it remains fair to you. We may share your data if it is necessary for our legitimate interests as an organisation or for the interests of a third party e.g. producers, co-developers, affiliate and/or group companies, Commissioners, financiers, broadcasters, and distributors. We may also disclose your personal data if you consent, where we are required to do so by law and in connection with criminal or regulatory investigations. 

 

Examples of how your personal data may be disclosed include, but are not limited to:

  • Disclosure to external recipients of electronic communications (such as emails) which contain your personal data;

  • The issuing of documents in connection with the Production e.g. Call Sheets, Travel arrangements, contributor agreements, which contain your personal data.

  • Disclosure to organisations that process data on our behalf e.g. payroll software, production insurers

  • Disclosure to broadcasters and distributors of our programmes

  • Disclosure of collated and anonymised diversity data to relevant regulators as part of a formal request;

  • If you have an on-screen role, disclosure of footage, images, or audio recordings of you as part of the broadcasting, distribution and marketing of the production. Or to allow us to credit your role.

 

KEEPING A RECORD OF YOUR PERSONAL DATA

We will not keep your personal data stored for any longer than is necessary for our purposes.  In general, we will keep your personal data for the duration of your contract and for a period afterwards, as legally required to do so. In considering how long to keep it, we will take into account its relevance to our business and your participation either as a record or in the event of a legal claim. 

If your data is only useful for a short period (for example, CCTV), we will delete it. Personal data relating to unsuccessful job applicants will usually be deleted within 24 months. Some data, such a production footage and credit information will be kept indefinitely as we have an ongoing legitimate interest in retaining the information. 

SHARING PERSONAL DATA OUTSIDE OF THE EEA

In connection with our business and for production, broadcasting, distribution, administrative, management, marketing and legal purposes, we may need to transfer your personal data outside the EEA e.g. to our US Distributor and other company affiliates that operate within the US. In this instance, we will ensure that any transfer is lawful and that there are appropriate security arrangements.

 

ACCESSING YOUR PERSONAL DATA AND YOUR RIGHTS

We do our best to be as open and honest as we reasonably can about personal data that we process. However, if you would like specific information, just ask us!

You 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: 

  • What information we hold about you and giving you a copy of it

  • Our reason for processing your data

If you make a subject access request and there is any doubt as to who you are, we may require you to provide additional 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 also have the right to obtain, move, copy or transfer your personal data for your own purposes. 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 it will not affect the lawfulness of what we have done before you withdraw consent.

 

COMPLAINTS

If you have any 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 the Data Protection Officer here at Knickerbockerglory.  For contact and other details ask your key contact at the production.

 

STATUS OF THIS NOTICE

This notice does not form part of your contract and does not create contractual rights or obligations.  It may be amended by us at any time.