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Privacy Notice for contributors aND TALENT

WHAT’S THE PURPOSE OF THIS DOCUMENT?

You’ll find a summary of key points for each section in the boxes below. To understand more detail though, please read the whole section.

Chimp Productions Limited is committed to protecting the privacy and security of your personal information.

This notice describes how we collect and use personal information about you during and after your working relationship with us, in line with the UK data protection laws, including the General Data Protection Regulation.

It applies to all contributors, participants, performers, presenters who may take part in a programme or projects which Chimp Production intends to produce.

Chimp Productions Limited is a “data controller”. That means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection laws to notify you of the information contained in this privacy notice.

This notice does not form part of any contract to provide services that we may have with you. We may update this notice at any time but if we do so, we will provide you with an updated copy of this notice as soon as reasonably practical.

It is important that you read and keep a copy of this notice, together with any additional privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information and what your rights are under data protection laws.

DATA PROTECTION PRINCIPLES

We will comply with data protection law. This says that the personal information we hold about you must be:

  1. Used lawfully, fairly and in a transparent way.

  2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.

  3. Relevant to the purposes we have told you about and limited only to those purposes.

  4. Accurate and kept up to date.

  5. Kept only as long as necessary for the purposes we have told you about.

  6. Kept securely.

THE KIND OF INFORMATION WE HOLD ABOUT YOU

Personal information means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). There are certain types of more sensitive personal data which require a higher level of protection, such as information about a person’s health or sexual orientation. Information about criminal convictions also warrants this higher level of protection.

We may collect, store, and use the following categories of personal information about you:

  • Contact details: information that allows us to identify and contact you directly such as your name, email address, telephone number and address.

  • Identification information: date of birth, driver’s licence and other official identification details or details that allow us to check that you are entitled to work in the UK, such as passport, or permits.

  • Personal history and information: information about your interests, opinions, personality, family life and general knowledge.

  • Details of your work history: This may include previous appearances on television, your job and previous positions and roles.

  • Details of your performance: when working with us or in relation to any project or work we are engaged in.

  • Videos, photographs and audio recordings: which you or other people take and provide to us or we take ourselves.

  • Financial details: your bank account details, tax status, national insurance number and any applicable pension details.

  • Third party contact details: including your next of kin and emergency contact details.

  • CCTV: footage and other information obtained through electronic means such as swipe card records.

  • Your use of the IT systems we make available to visitors to our premises: for example our guest internet and Wi-Fi facilities.

  • Publicity Information, information about you that is relevant for inclusion in publicity material.

  • Programme Information, any information you provide as part of the filming and recording of a programme.

We may also collect, store and use the following more sensitive types of personal information:

  • Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions.

  • Trade union membership.

  • Information about your health, including any medical condition, health and sickness records.

  • Biometric data.

  • Information about criminal convictions and offences.

HOW IS YOUR PERSONAL INFORMATION COLLECTED?

We will collect most of your personal information directly from you, or if you are under 18, your parent or legal guardian. We may also obtain information about you from talent agencies.

We may need to conduct background checks to verify personal information about you. These checks could include checks of information that is publically available online (including information you have made public via social media) as well as checks obtained lawfully from third parties,

LEGAL GROUNDS FOR PROCESSING YOUR PERSONAL INFORMATION

Personal information means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). There are certain types of more sensitive personal data which require a higher level of protection, such as information about a person’s health or sexual orientation. Information about criminal convictions also warrants this higher level of protection.

We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:

  1. to perform or enter into a contract with you (or to take steps to decide whether or not to enter into a contract with you).

  2. Where we need to comply with a legal obligation, for example to check that you are entitled to work in the UK. For certain positions, it is also necessary to carry out criminal record checks in order to safeguard your welfare and others.

  3. Where it is necessary for our legitimate business interests or a third party and your interests and fundamental rights do not override those interests (for example to fulfil contractual obligations to broadcaster and others).

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

  5. We may also use your personal information in the following situations, those these are likely to be rare:
  • Where we need to protect your interests (or someone else’s interests).

  • Where it is needed in the public interest or for official purposes.


Situations in which we will use your personal information

The situations in which we will process your personal information are listed below.

  • Making a decision about your recruitment or appointment.

  • Checking you are legally entitled to work in the UK.

  • Administering the contract we have entered into with you.

  • Paying you and, if you are an employee or deemed employee for tax purposes, deducting tax and National Insurance contributions (NICs).

  • Providing any contractual benefits to you.

  • Business management and planning, including accounting and auditing.

  • Managing performance and determining performance requirements.

  • Making decisions about your continued engagement.

  • Making arrangements for the termination of our working relationship.

  • Dealing with legal disputes involving you, or other employees, workers and contractors, including accidents at work.

  • Ascertaining your fitness to work.

  • Complying with health and safety obligations.

  • Including your name and role as a credit on programming.

  • To prevent fraud.

  • To monitor your use of our information and communication systems to ensure compliance with our IT policies.

  • To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution.

  • Equal opportunities monitoring.

  • To help with the safety of visitors to our premises (e.g. with the use of CCTV).

Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.


If you fail to provide personal information

If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying you), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers).


Change of purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will let you know and we will explain the legal basis which allows us to do so.

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

WHAT IS PARTICULARLY SENSITIVE PERSONAL INFORMATION AND HOW WE USE IT?

Particularly sensitive personal information is known as ”Special Category” information under data protection laws. It includes for example information about your health, racial or ethnic origin, sexual orientation, religious beliefs and trade union membership.

We regard information about criminal convictions and offences also as particularly sensitive information. We will only use this information if it is appropriate given the nature of your role and where we are legally able to do so.

These types of information require higher levels of protection. We will use this Special Category information as well as criminal background data where necessary for one of the grounds described in ‘Legal Grounds for processing your personal information’ and where one of the following applies:

  1. In limited circumstances (e.g. for editorial research) with your explicit written consent.
  2. Where we need to carry out our legal obligations (to ensure the safety of vulnerable persons, including children) or to exercise rights in connection with your engagement.
  1. Where it is needed in the public interest, such as for equal opportunities monitoring, for us to comply with our health and safety obligation.
  1. You have manifestly made the information public (including where you do so when participating in the programme).
  1. Where necessary for you to receive medical treatment from a registered medical professional.

Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.

Situations in which we will use your sensitive personal information

In general, we will not process particularly sensitive personal information about you unless it is necessary for performing or exercising obligations or rights in connection with your engagement. On rare occasions, there may be other reasons for processing, such as it is in the public interest to do so. The situations in which we will process your particularly sensitive personal information are listed below. We have indicated the purpose or purposes for which we are processing or will process your more sensitive personal information.

  • We will use information about your physical or mental health or disability status, to ensure your health and safety in the workplace and to assess your fitness to provide us with services, to provide appropriate workplace adjustments and to monitor and manage sickness absence. We need to process this information to exercise rights and perform obligations in connection with your work with us.

  • We will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.

  • We will also use your sensitive personal information to the extent that you choose to disclose it or include it during the course of your participation in the programme, for the purposes of producing the programme.

When processing criminal convictions and offences information, we have in place an appropriate policy and safeguards which we are required by law to maintain when processing such data.

DATA SHARING

We may have to share your data with third parties, including third-party service providers. We require third parties to respect the security of your data and to treat it in accordance with the law.

We may transfer your personal information outside the EEA.

If we do, you can expect a similar degree of protection in respect of your personal information.

 

Why might you share my personal information with third parties?

We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you, in connection with the development or exploitation of the programme or where we have another legitimate interest in doing so.


Which third parties process my personal information?

We share your personal data with the following for the following purposes:

  • service providers: for payroll, marketing and administration services.
  • professional advisors: such as legal, regulatory and insurance advisors.
  • co-production companies, broadcasters and distributors: in connection with the development, production and distribution of TV programmes that we work on.
  • your personal information will be broadcast to the public to the extent it is included in the programme 


How secure is my information with third parties?

All third parties with whom we share your personal information are required to take appropriate security measures to protect your personal information in line with our policies and data protection legislation. We do not allow our third party parties to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.


What about other third parties?

We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business. In this situation we will, so far as possible, share anonymised data with the other parties before the transaction completes. Once the transaction is completed, we will share your personal data with the other parties if and to the extent required under the terms of the transaction.

We may also need to share your personal information with a regulator or to otherwise comply with the law. This may include making returns to HMRC, and disclosures to shareholders.

 
Transferring information outside the EU

Some of the people we share your personal data with are based 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 put in place appropriate contracts or other safeguards to ensure your rights are protected. 

DATA SECURITY

We have put in place measures to protect the security of your information.

Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.

We have put in place appropriate 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.

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

DATA RETENTION

How long will you use my information for?

Personal information collected about you when you apply to, contribute to, or participate in a programme in any way, will be kept by us as long as it is required to fulfil the contract we have with you, to enable us to pursue our legitimate business interests or for such longer period as is required by law or regulatory obligations which are imposed on us.

If you are not selected to participate in the programme, we will 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 the engagement and for a period of up to seven (7) years after (unless otherwise required by a legal obligation), but personal information relating to payments made to you will be retained for up to ten (10) years (unless otherwise required by a legal obligation). 

We will keep footage of you, personal information contained within our contract with you, personal information required to fulfil any ongoing contractual payment obligations, any records of your participation in the programme and information contained in any publicity material for as long as necessary for the purposes of the programme, which may be indefinitely in the case of airing the programme. 

In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you

RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION

Your duty to inform us of changes

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us.

Your rights in connection with personal information

Under certain circumstances, by law you have the right to:

  • Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
  • Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
  • Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
  • Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
  • Request the transfer of your personal information to another party.

If you want to exercise any of the above rights, please contact Erika Dodd at erika.d@chimptelevision.com  in writing.

There may be some situations in which you cannot exercise these rights or they are not relevant. Please also be aware that these rights will not apply to the extent that they are incompatible with what is called, the ‘Special Purpose’.

The Special Purpose is an exemption under data protection laws. It allows us and the broadcaster of the programme not to apply certain parts of these laws, including the rights described above, if they are not compatible with the artistic purpose of the programme and there is a public interest in broadcasting the programme.

No fee usually required

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

RIGHT TO WITHDRAW CONSENT

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact Erika Dodd at Erika.d@chimptelevision.com Once we have received notification that you withdraw your consent, we will cease from that point to process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

DATA PROTECTION MANAGER

If you have any questions about this privacy notice or how we handle your personal information, please contact Erika Dodd, our data protection manager at Erika.d@chimptelevision.com. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues.

CHANGES TO THIS PRIVACY NOTICE

We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.

If you have any questions about this privacy notice, please contact Erika Dodd at erika.d@chimptelevision.com

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