CPN – rev 20/02/19
CONTRIBUTOR PRIVACY NOTICE
Welcome to the TWO RIVERS MEDIA LIMITED (TRML) privacy notice.
This privacy notice provides information on how TRML collects and processes your personal data when you participate in one of our programme productions.
It is important that you read this privacy notice in full and understand its contents. If you have any queries regarding this privacy notice, contact details are provided below so that you can ask any questions.
1. IMPORTANT INFORMATION AND WHO WE ARE
TWO RIVERS MEDIA LIMITED is the controller and responsible for your personal data.
If you have any questions about this privacy notice or our data protection practices please discuss this with your key contact on our production team.
2. THE DATA WE COLLECT ABOUT YOU
In the course of your participation in the production of one of our programmes, we will collect information about you, which is known as "personal data". This can include your image (moving or still), likeness, voice recording, location information, all of which may identify you.
We may also receive your personal data through your contributor contract with us, your agent if you have one, and any correspondence (including any application form) regarding your contribution which may include your name, email address, address, telephone number and bank account details.
If we pay you a fee for your contribution to, or participation in, the programme(s), you may also provide us with date of birth, gender, nationality, pension number, VAT reference, national insurance number.
If necessary in context of your participation in our programme(s), we may collect "special category data" from you including race, ethnic origin, politics, religion, trade union membership, genetics, health, sex life or sexual orientation. Where we require this information, we will seek explicit consent from you before you provide it to us.
3. HOW WE COLLECT YOUR DATA
When you participate in one of our programmes, the initial data about you that we process is likely to come directly from you (or your agent), or with your direct involvement/knowledge, for example your contact details or likeness (still or moving image).
We may also collect data from background checking services (e.g. DBS or Disclosure Scotland) or publicly available sources such as Google searches, Lexis Nexis searches or social media.
4. HOW WE USE YOUR PERSONAL DATA
Under current data protection law, there are various grounds on which we can rely when processing your personal data. In some contexts more than one ground applies. We have summarised the grounds that we have determined to be applicable to the processing of your data below:
We, or a third party, have a legitimate interest in processing your data in the course of carrying out our usual business practices. The types of processing this may apply to would be: considering the suitability of you as a participant in the programme(s), pre-contractual decision-making, carrying out background checks (as outlined in Paragraph 3 above), communication with you (or your agent) regarding your participation or a potential contract with you.
Performance of Contract
We may enter into a contract with you to secure your participation in our programme(s). In that event, we will be entitled to process your data to ensure the proper performance (from both parties) of the contract. The types of processing this may apply to would be: filming your contribution to the Programme(s), broadcasting and distributing the programme(s) featuring your contribution, paying you (if applicable), administering out IP rights, contacting you (or your agent), and sharing your personal data with third parties including broadcasters, our distributors and industry partners.
Where we have collected Special Category Data from you (as described in Paragraph 2 above), we will only do so with your explicit consent for such collection and any subsequent processing.
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 Schedule 2, Part 5, s. 26 of the Data Protection Act 2018)
5. HOW WE SHARE YOUR PERSONAL DATA
Your personal data may be disclosed within TMRL to our employees or contractors working on our programme(s).
We will only disclose your personal data outside of TMRL if disclosure is consistent with a ground for processing on which we rely (as detailed in Paragraph 4 above) 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).
6. INTERNATIONAL TRANSFERS
In connection with our business and for production, broadcasting, distribution, administrative, management, marketing and legal purposes, we may transfer your personal data outside the EEA to third parties. We will ensure that any transfer is lawful and that there are appropriate security and contractual arrangements in place.
7. DATA RETENTION AND SECURITY
Although there is no specific period for which we will keep your personal data, we will not keep it for longer than is necessary for our purposes. In general, we will keep your personal data until the programme(s) in question has been produced and for a period afterwards. 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. We will review the information from time to time and where the information is no longer required we will delete it securely.
Some data, such as production footage itself and credit information, will be kept indefinitely as we have an ongoing legitimate interest in retaining the product.
We have taken reasonable steps and put in place security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need-to-know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
8. YOUR LEGAL RIGHTS
Under the General Data Protection Regulation and the Data Protection Act 2018, you have a number of rights in relation to your personal data, summarised below:
You have the right to request a copy of information that we hold about you (a “data subject access request”)
You have the right to request that any erroneous information that we hold about you is corrected
Where there is no good reason for us to continue processing (including storing) your data, you may request that it is erased
You may request the restriction or suspension of any processing of your data – for example if you wish to clarify the information or ascertain the reason for processing it.
You have the right to request the transfer of your personal data to another party.
Additionally, where we rely on legitimate interest in the processing of your data (as described in Paragraph 4 above), you can object to such processing on the basis that these interests are outweighed by your own interests and rights in particular your right to privacy.
Finally, you have the right to make a complaint at any time to the Information Commissioner’s Office, the UK supervisory authority for data protection issues (www.ico.org.uk). Notwithstanding this right, we would welcome any direct approach from you in order to try to address any complaints you have in the first instance.
If you have complaints relating to our processing of your personal data, you should raise these with your key contact on our production team in the first instance. You may also raise complaints with your statutory regulator (as detailed in Paragraph 8 above). For contact and other details ask your key contact in the production team.