This policy explains what data Plimsoll Productions Limited collects about you and why, how we use it and who we share it with, as well as your rights as a data subject. Your information is very important to us and we will look after it in accordance with all applicable laws and regulations relating to the protection of personal data, including the Data Protection Act 2018 and the General Data Protection Regulation (GDPR).
Who are we?
Any reference to “we“, “us” and “our” is to Plimsoll Productions Limited and its subsidiary companies. We are the “data controller” of your personal data and you can contact us email to [email protected] or write to us at Data Protection Manager, Plimsoll Productions, 51-55 Whiteladies Road, Bristol, BS8 2LY, for more information about how we process your data.
What personal information do we process about you?
The information we process may include your name, address, email address, gender, date of birth, age, phone number, passport details or other national identifier, driving licence, your national insurance or social security number and income, employment information and details about your previous roles/personal appearances and personal history. We may collect information about you from a number of sources (such as LinkedIn or other online sources or referees), including from you directly.
Why do we process your personal information?
We obtain personal information about you when you apply to take part in a programme or are confirmed as a participant or contributor to a programme which we are producing.
We need to process this information to consider your application or to make the programme once you have been selected, including for the following purposes:
- To perform our contracts with you
We process your personal data where necessary to perform our contracts with you in the following circumstances:
(a) to meet the contractual obligations between us;
(b) as part of any agreement which you have entered into with us for your application, contribution and/or participation in a programme.
- To comply with applicable laws
We process your personal data where it is necessary to do so to comply with applicable laws which apply to us as an organisation, including:
(a) to verify your identity;
(b) to carry out verification and anti-money laundering checks, prevent and detect fraud and carry out other legally mandated checks (including criminal record checks, where applicable); and
(c) if we are legally obliged to disclose your personal data.
- Our legitimate interests
Our business is producing audio visual programming for commercial exploitation. The use of ‘contributions from individuals and the processing of personal information about these individuals is crucial to this production activity and as such part of our legitimate interests. Processing will or may be necessary for the following purposes:
- producing and exploiting audio-visual programmes for commercial purposes. “Programme” includes not just the finished programme but all rushes, clips and unused material;
- dealing with any questions or complaints arising in relation to your participation in the programme;
- retaining the programme and your personal data in it in our archive, for the purposing of repeating the programme or otherwise using it for commercial purposes.
- sharing with our professional advisors and/or the commissioning entity or commissioning broadcaster producing the programme for and/or any co-producer that we are producing the programme with;
- verifying your age, identity and other information as we may require for the production and exploitation of the programme we are producing;
- complying with applicable regulatory obligations, including transfer to a regulator, prosecutor or authority or law enforcement authorities including without limitation the UK Information Commissioner and/or the Office for Communications (OFCOM) should it be requested from us
- complying with accounting, tax reporting and audit requirements;
- monitoring our communications and protecting the security and integrity of our IT systems
- if we sell or buy any business or assets, disclosing your information to the prospective seller or buyer of such business or assets, along with its professional advisers. If Plimsoll or substantially all of its assets are acquired by a third party, personal information held by Plimsoll about its applicants, entrants or nominee(s) may be one of the transferred assets. In such circumstances the acquirer of the information will become the new data controller.
We only process data on this legal basis where we have considered that, on balance, our legitimate interests are not overridden by your interests, fundamental rights or freedoms.
As part of your contribution (e.g. during an interview), you might also choose to share with us Special Category personal data. This is data relating to your:
- race or ethnicity
- political opinions
- religious or philosophical beliefs
- trade union membership
- sex life or sexual orientation; or
- genetics or biometrics
We have to have an additional legal basis to process your Special Category personal data. Where you share Special Category personal data with us as a part of your contribution, we will only process this where we have a substantial public interest in making content for the purposes of journalism and arts or there is another good reason, such as ensuring we are compliant with health and safety legislation and our duty of care towards you as a contributor, or where we have your consent.
COVID-19 – We may collect, store and use) information about your Covid-19 health and/or disability status (including where relevant your Covid 19 test results provided to us by our third party test provider), to safeguard your health and safety during your involvement with a production, to ensure that you are at all times able to participate in the production process and any related publicity for the production, to reduce the spread of Covid 19 in accordance with our health and safety protocols, and to monitor and manage sickness and/or absence during the production process.
We may appoint third parties to process your personal data, particularly when casting productions. If so, we will ensure that there a data processing agreement in place between us and such third parties which ensures that processing is compliant with UK data protection law.
Plimsoll contributes to an industry-wide diversity monitoring initiative called Diamond. The Diamond project uses personal information regarding on and off-screen contributors to programmes to report on the diversity of TV production in the UK.
If you have provided us with your email address (unless you have asked us not to) we will share this with Creative Diversity Network Limited (CDN), Soundmouse and Silvermouse and you will be invited to participate in the Diamond project.
The company running the Diamond project will contact you to ask whether you are willing to contribute to the project by providing certain information regarding your diversity characteristics such as gender, ethnicity, disability, age, gender identity and sexual orientation. This information is collected, processed and stored anonymously on the Diamond system, with the relevant data being jointly controlled by the main UK broadcasters including the BBC, ITV, Channel 4, Channel 5, CDN and Sky. If you provide Diamond with your diversity data, they will issue you with a separate privacy notice.
Who else do we share your data with?
Your information will be used by the relevant production team for the purposes of making the programme. It may also be shared internally or with our legal advisers to prepare contractual documentation or provide legal advice, and with any other in-house teams involved in commercial exploitation such as the finance teams where a payment is required, the distribution team, our medical advisers, and the health and safety and insurance teams if their advice is required, or as otherwise required by law.
We may pass your information to our third-party service providers such as agents, subcontractors, ticket providers and other associated organisations for the purposes of facilitating your application, entry or enquiry or nomination for the programme you are interested in taking part in. However, when we use third party service providers, we disclose only those elements of your information that are necessary to deliver the required service.
Please be assured that we will not otherwise share your information further, unless:
- we are required to do so by law, for example by a court order or for the purposes of prevention of fraud or other crime
- we are asked to by competent regulatory, prosecuting and other governmental agencies, or litigation counterparties, in any country or territory; or
- for the purposes of prevention of fraud or other crime.
Sending your personal information internationally
We may transfer your personal data to other members of our group, and to third party service providers outside the UK and the European Economic Area, which do not have similarly strict data protection and privacy laws.
Where we transfer personal data to other members of our group, or our service providers, we will put in place data transfer safeguards, as applicable under the Data Protection Act 2018 and the GDPR.
How long do you keep my information?
We do not retain your information for longer than necessary for the purpose it was collected.
We keep your personal data for as long as it is required by us for our legitimate business purposes, to perform our contractual obligations, or where longer, such longer period as is required by law or regulatory obligations which apply to us.
In general we keep your information only for the period we have legal rights to exploit the programme that your information relates to or as required by law.
Do you need my consent to include me in a programme?
There are circumstances in which we can make programmes about an individual without their consent provided we comply with the relevant laws and regulatory codes, such as the Ofcom Broadcasting Code.
We do not generally rely on obtaining your consent to process your personal data to make a programme in which you appear. This is something which we do as part of our legitimate business interests, as explained above.
Where you have entered into a contract with us to participate in our programmes, we may be entitled to show the programme whether or not you later change your mind about participation.
What are my data subject rights and how can I use them?
In law you are the data subject and you have several rights that you can exercise over your data. These rights include:
- The right to be informed;
- The right of access;
- The right to rectification;
- The right to erasure;
- The right to restrict processing;
- The right to data portability;
- The right to object;
- Rights in relation to automated decision making and profiling.
Please note that these rights are not always applicable and there may be some situations in which you cannot exercise them or they are not relevant. You should also note that as explained below, these rights will not apply to the extent that they are incompatible with the Special Purposes.
The Special Purposes
The GDPR and the Data Protection Act 2018 (DPA) require us to use your data within the legal framework explained above. However, the GDPR and the DPA contain an exemption which allows us and the broadcaster not to apply aspect of the legal framework and your rights if they are not compatible with artistic or journalistic purpose of the programme and there is a public interest in broadcasting the programme. This exemption is known as the “Special Purposes” exemption. Please be aware that aspects of this Privacy Notice and your rights under the GDPR and the DPA may not apply where they are not compatible with the Special Purposes.
If you would like a copy of some or all of your personal information, please contact us directly using the contact details below. If we cannot comply with your request to exercise your rights we will usually tell you why.
There will not usually be a charge for handling a request to exercise your rights.
How to contact us
Information Commissioner’s Office (ICO)
The ICO is the UK’s independent body set up to uphold information rights.
If you are unhappy about the way in which your information has been handled you are able to contact the ICO at www.ico.org.uk/concerns.