Contributor and Talent Privacy Notice

CONTRIBUTOR AND TALENT PRIVACY NOTICE

This section relates to people who are applicants, participants, contributors, performers, presenters and audience members who may be featured in projects or programmes that WE ARE CORPORATE intends to produce.

We will collect, use and process certain personal information relating to you for purposes connected with your contribution to the project or programme and any participant agreement or contract that we may in the future enter into with you (“Contract”) including managing, administering and complying with the Contract; assessing your suitability for participation in the project or programme; filming your contribution to the project or programme and elements of it; producing, broadcasting, distributing, publicising and commercialising the project or programme; communicating with you about your contribution to the project or programme; contacting you about other WE ARE CORPORATE LTD products and casting and complying with legal and regulatory obligations.

Who are we?

This Privacy Notice is provided to you by WE ARE CORPORATE LTD, which is the data controller for

your data.

What types of personal data do we collect about contributors and talent?

Information we may collect:

(a)            your name, address and contact details;

(b)           footage of you;

(d)          information about your interests, opinions, personality, previous appearances on television or in online branded content, family life, job and general knowledge (to help us decide whether you are a suitable contributor for the project or programme and decide whether or not to enter into the Contract with you);

(e)         your bank account details (in order to pay any sums due to you), your tax status, your tax code, national insurance number (to deal with National Insurance and tax) and any applicable pension details (this information may only be collected if we engage your services) 

(f)      a copy of your passport (to fulfil our legal obligation to check you have the right to work in the UK and in connection with any visa, certificate of sponsorship or any other permit we are required to obtain where applicable (“Permits”));

(g)          information about your health (to obtain and administer insurance, to arrange and administer any medical treatment you may require and to assess your suitability to take part and continue to take part in the Programme);

(h)        your ethnicity (for diversity monitoring);

(i)       any disability you may have informed us about in the application process or otherwise (to meet our legal and regulatory obligations)

(j)          information about any criminal background (for us to meet our legal and regulatory obligations to safeguard the welfare of you, the other participants, contributors and audience members, our employees and freelancers to assess your suitability to take part in the Programme and to assess the need for and (if required) obtain Permits);

(k)           information about you that is relevant for inclusion in publicity material; and

(l)         any information you provide as part of the filming and recording of the project or programme including personal information relating to your ethnicity, political opinions or religious belief, trade union membership, physical or mental health, sexual orientation, genetic and biometric data (“Special Category Personal Data”) and criminal background data.

How we collect your personal data

We will obtain most of your personal information directly from you or your representatives (if any). We may conduct background checks to verify personal information about you.  These checks could include checks of information that is publicly available online, including information you have made public via social media and checks obtained lawfully from third parties engaged by us for verification purposes such as data intelligence services and any organisation authorised to provide basic criminal history checks.  You may also be asked to provide us with documentation to verify personal information provided by you.

Our legal grounds for collecting and using your personal data

Our legal grounds for collecting and using your personal information are primarily that it is necessary:

for the performance of the Contract (or to take steps to decide whether or not to enter into the Contract with you), and/or to pursue our legitimate business interests (for example to fulfil contractual obligations to you, the project or programme broadcaster and others), where those interests are not overridden by your rights and freedoms.

In addition, we will also use your personal data where necessary to fulfil our legal and regulatory obligations.

There may also be situations over the course of the project or programme where it is necessary to use your personal data to protect your vital interests or the vital interests of another individual.

We also sometimes rely on your consent, for example where you choose to be contacted by us by email for marketing purposes.

Sensitive Personal Data

We will use your Special Category Personal Data or criminal background data where necessary for one of the above grounds and where one of the following applies:

(a)            we need to fulfil our legal and regulatory obligations and exercise our rights including those (where applicable) as an employer (for example, for the health and safety of our project or programme contributors, staff and others);

(b)           we need to protect your vital interests or the vital interests of another individual, where you are not capable of giving consent;

you have manifestly made the information public (including where you do so when participating in the project or programme);
for reasons of substantial public interest based on the law (for example where necessary for our health and safety obligations or for the purposes of Ofcom’s functions or for insurance purposes); or
where necessary for you to receive medical treatment from a registered medical professional.
Where we are using your Special Category Personal Data for editorial research purposes only and where one of the above does not apply, we will obtain your consent to our use of your Special Category Personal Data.

Sharing your personal data

This section provides information about the third parties with whom we may share your personal

data. These third parties have an obligation to put in place appropriate security measures and will be

responsible to you directly for the manner in which they process and protect your personal data. It is

likely that we will need to share your data with some or all of the following (but only where necessary):

a) Third party service providers entrusted with processing activities and duly appointed as processors when required by applicable laws e.g. cloud service providers, other entities of the group, providers of services instrumental to or supporting the Company Service including for companies that provide IT services, experts, consultants, insurers, lawyers and companies resulting from possible mergers, demergers, or other transformations;

b) Broadcasters and distributors of the project or programme.  Your personal information will be broadcast to the public to the extent it is included in the project or programme.

c) Company personnel or affiliates in their capacity as data controllers or data processors;

d) Business partners after your prior consent, the Company may share your personal data with business partners operating in the sectors named within that specific consent to permit them to send you marketing communications; and

e) Competent authorities in order to comply with applicable laws and regulations.

International transfers

For certain projects we may share your personal data outside of the European Economic Area (EEA).  When we send your personal information outside of the EEA to a country not recognised as providing appropriate protections, we will put in place appropriate contracts or other safeguards to ensure your rights are protected.

Data retention

Personal information collected about you when you apply to, contribute to, present, participate or perform in the project or programme will be kept by us for as long as it is required to fulfil the Contract, to enable us to pursue our legitimate business interests or for such longer period as is required by law or regulatory obligations which apply to us.

If you are not selected to participate in the project or programme we will usually delete your personal data at the end of production unless you have consented to being contacted about future series or for marketing purposes.

If you are a presenter or performer and have been engaged by us to provide your services we will usually retain most of your personal data for the duration of your engagement and for a period of up to seven years thereafter but personal information relating to any payments made to you will be retained for up to ten (10) years thereafter (unless otherwise required by a legal obligation).

We will keep footage of you, personal information contained within the Contract, personal information required to fulfil any ongoing contractual payment obligations, any records of your participation in the project or programme and information contained in any publicity material for as long as necessary for the purposes of the project or programme – which may be indefinitely for airing and re-airing the project or programme (whether in whole or in part). Airing may be via cinematic release, online distribution or television distribution.

In general, we will endeavour to keep data only for as long as we need it. This means that we will delete it when it is no longer needed.

Your rights and your personal data

You have the following rights with respect to your personal data:

When exercising any of the rights listed below, in order to process your request, we may need to verify

your identity for your security. In such cases we will need you to respond with proof of your identity

before you can exercise these rights.

1) The right to access personal data we hold on you

At any point you can contact us to request the personal data we hold on you as well as why

we have that personal data, who has access to the personal data and where we obtained

the personal data from. Once we have received your request we will respond within one

month.

There are no fees or charges for the first request but additional requests for the same personal

data or requests which are manifestly unfounded or excessive may be subject to an

administrative fee.

2) The right to correct and update the personal data we hold on you

If the data we hold on you is out of date, incomplete or incorrect, you can inform us and your

data will be updated.

3) The right to have your personal data erased

If you feel that we should no longer be using your personal data or that we are unlawfully using

your personal data, you can request that we erase the personal data we hold.

When we receive your request we will confirm whether the personal data has been deleted or

the reason why it cannot be deleted (for example because we need it for to comply with a

legal obligation).

4) The right to object to processing of your personal data or to restrict it to certain purposes only

You have the right to request that we stop processing your personal data or ask us to restrict processing. Upon receiving the request we will contact you and let you know if we are able to comply or if we have a legal obligation to continue to process your data.

5) The right to data portability

You have the right to request that we transfer some of your data to another controller. We will comply with your request, where it is feasible to do so, within one month of receiving your request.

6) The right to withdraw your consent to the processing at any time for any processing of data to

which consent was obtained

You can withdraw your consent easily by email (see Contact Details

below).

7) The Special Purposes

The General Data Protection Regulation (“GDPR”) and the Data Protection Act 2018 (“the Act”) require us to use your personal data within the legal framework explained in this Privacy Statement and in accordance with your rights under the GDPR (which we explain above).

However, the GDPR and the Act contain an exemption which allows us and the project or programme broadcaster not to apply aspects of this legal framework and your rights if they are not compatible with the artistic purposes of the project or programme and there is a public interest in broadcasting the project or programme.  This exemption is known as the “Special Purposes” exemption.  Consequently, please be aware that aspects of the legal framework explained in this Privacy Statement and your rights under the GDPR may not apply where they are not compatible with the Special Purposes.

8) The right to lodge a complaint with the Information Commissioner’s Office.

You can contact the Information Commissioners Office on 0303 123 1113 or via email

https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner’s Office,

Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Further processing

If we wish to use your personal data for a new purpose, not covered by this Privacy Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions. Where and whenever necessary, we will seek your prior consent to the new processing.

Changes to this notice

We keep this Privacy Notice under regular review and we will place any updates on http://www.wearecorporate.co.uk/privacy This Notice was last updated in March 2019.

Contact Details

Please contact us if you have any questions about this Privacy Notice or the personal data we hold

about you or to exercise all relevant rights, queries or complaints at:

The Data Controller, WE ARE CORPORATE LTD email: info@wearecorporate.co.uk