CONTRIBUTOR PRIVACY NOTICE
Please read this privacy notice, alongside your contributor agreement (where applicable), in full and ensure you understand its contents. Please contact us using the details below or approach a member of our production team if you have any queries about the terms of this privacy notice.
Fearless TV Limited (“FEARLESS“) is the ‘data controller’ responsible for ensuring your personal data is processed lawfully. You have been provided with a copy of this privacy notice because you are (or are the parent or guardian of a child who is) providing, or applying to provide, a contribution towards a FEARLESS programme. This notice is intended to cover all contributors including but not limited to on-screen, talent, applicants, and voice over artists.
In the course of your participation in 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 or location information, all of which may identify you.
We may also receive your personal data through your contributor agreement, your agent if you have one, and any correspondence (including any application form) regarding your contribution which may include your name, email address, address and telephone number along with other information you provide that is specific to the relevant programme. Where necessary for insurance purposes or due to the nature of our Programme(s), we may ask for information relating to your health.
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, bank account information, proof of right to work (including a copy of your passport), pension number, VAT reference and 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. We will seek explicit consent from you, either in your contributor agreement or otherwise, where we intend to collect special category data.
When you participate in one of our programmes, most of the 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 image (moving or still) as recorded/captured for inclusion in our programme(s).
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.
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) and communication with you (or your agent) regarding your participation.
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: processing in anticipation of entering into a contract with you, 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 laws including in relation to journalistic freedom, the right to artistic expression and the right to freedom of expression.
Your personal data may be disclosed within FEARLESS to our employees or contractors working on our programme(s).
We will only disclose your personal data outside of FEARLESS 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).
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.
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.
In general, we seek to minimise the amount of personal data we hold and 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 footage, evidence of regulatory compliance (such as contributor agreements) and credit information, will be retained indefinitely.
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.
Under the General Data Protection Regulation and the Data Protection Act 2018, you have a number of rights in relation to your personal data. We will consider any request by you to exercise the below rights in good faith and in accordance with the law, including any exemptions or restrictions to those rights permitted under data protection law.
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 we are relying on legitimate interest (see Paragraph 4), you may seek to object to such processing on the basis that your interests outweigh that of FEARLESS, in particular with respect to your right to privacy.
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.
Finally, you may make a complaint at any time to the Information Commissioner’s Office, the UK supervisory authority for data protection issues (www.ico.org.uk). However, we would welcome any direct approach from you in order to try to address any complaints you have in the first instance.
Please contact email@example.com if you wish to exercise any of the rights outlined in Paragraph 8, if you have any queries about this privacy notice or how we handle your personal data.
CPN, last updated 17/07/2019