BUZZ 16 PRODUCTIONS LIMITED CONTRIBUTOR & TALENT DATA PROTECTION POLICY
1. PURPOSE
1.1. This privacy policy relates to applicants, contributors, performers, presenters, participants, and audience members who may feature in the digital content, TV projects or programmes (the “Production”). for Buzz 16 Productions Limited and/or The Overlap Limited (“we”, “us”, “our”)
1.2. We are committed to protecting the privacy and security of your personal data. We are the data controllers, which means that we are responsible for deciding how we hold and use personal data about you. We will comply with all relevant data protection laws in the way we use, collect, and retain your personal data. Where a third-party production company is named in any Contract you enter into or is otherwise used to produce the Production you’ve been contacted about, such company may also be the data controllers in respect of your personal data.
1.3. We collect, use and process certain personal data relating to you for purposes connected with the Production and any contributor agreement or contract that we may in the future enter with you (the “Contract”). For greater certainty, this includes managing, administering and complying with the Contract; assessing your suitability for participation in the Production; filming your contribution to the Production and elements of it; producing, broadcasting, distributing, publicising and commercialising the Production; communicating with you about your contribution to the Production; contacting you about other shows we are involved in, products, services and casting and complying with legal and regulatory obligations.
1.4. If you do not provide us with information necessary for the purposes of the Contract, we may not be able to fulfil our obligations under the Contract and you may not be able to participate in the Production.
2. THE KIND OF INFORMATION WE HOLD ABOUT YOU
2.1. We may collect, store, and use the following categories of personal data about you:
• Personal contact details, such as name, title, addresses, telephone numbers, and personal email addresses.
• Other personal details, such as date of birth, gender, name, title, nationality, marital status, next of kin and emergency contact information, driving licence, and 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).
• Social media usernames; photographs or footage of you; information about your interests, opinions, personality, previous appearances on television, family life, job and general knowledge (to help us decide whether you are a suitable contributor for the Production and decide whether or not to enter into the Contract with you).
• Financial details, such as your national insurance number, bank account details, payroll records and tax status information.
2.2. We may also collect, store, and/or use the following more sensitive types of personal data:
• Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions;
• 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 Production);
• Any information you provide as part of the filming and recording of the Production including personal data relating to your ethnicity, political opinions or religious belief, trade union membership, physical or mental health, sexual orientation, genetic and biometric data
(together, the “Special Category Personal Data”); and criminal background data.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
3.1. We collect your personal data through a variety of sources, but mainly directly from you or your representatives. You may also be asked to provide us with documentation to verify personal data provided by you.
3.2. We may also conduct background checks to verify personal data about you. These checks could include 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 data provided by you. We may also collect additional information from third parties including former employers, credit reference agencies or third-party suppliers, such as our pension providers.
3.3. We may collect additional personal data during job-related activities throughout the period of you working for us.
4. HOW WE USE YOUR PERSONAL DATA
4.1. We will only use your personal data when the law allows us to and when we are satisfied that one or more of the following legal grounds apply:
i) in performance of the Contract (or to take steps to decide whether or not to enter into the Contract with you);
ii) where it is necessary for us or a company we have appointed to work with us in relation to the Production pursue its legitimate interests, and your interests and fundamental rights do not override those interests;
iii) where we need to comply with a legal obligation, for example, disclosing information to tax authorities; and/or
iv) where we need to protect your vital interests (or someone else’s).
4.2. We may only use your personal data 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 data for an unrelated purpose, we will notify you.
4.3. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. HOW WE USE YOUR SENSITIVE PERSONAL DATA (‘SPECIAL CATEGORY PERSONAL DATA’)
5.1. We may process and use your Special Category Personal data or your criminal background information where one of the above legal grounds and any one or more of the following circumstances apply:
i) 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 programme contributors, staff, and others);
ii) we need to protect your vital interests or the vital interests of another individual, where you are not capable of giving consent;
iii) you have manifestly made the information publicly available (for greater certainty, this includes where you may do so when participating in the Production);
iv) where it is of substantial public interest, such as for the purposes of Ofcom’s functions or for insurance purposes; and/or
v) with your explicit written consent, for example where you agree to be contacted by us for marketing purposes.
5.2. 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.
6. INFORMATION ABOUT CRIMINAL CONVICTIONS
6.1. We may only use information relating to criminal convictions where the law allows us to do so.
6.2. We will only collect information about criminal convictions if it is appropriate given the nature of the role and where we are legally able to do so. Where appropriate, we will collect information about criminal convictions as part of the recruitment process or we may be notified of such information directly by you during you working for us.
7. DATA SHARING
7.1. We will share your personal data with other personnel from another company where it is necessary to administer the working relationship with you, on a need-to-know basis, if required by law, or where we have another legitimate interest in doing so.
7.2. We take the security of your data seriously and we take appropriate security measures to protect your personal data.
7.3. If we need to share your personal data with other third parties we will, so far as possible, share anonymised data with them. Where we need to share your personal data with any third-party and the data cannot be anonymised, we shall ensure that such third-party manages that data in accordance with GDPR and the Act, and in accordance with the obligations of a data processor if they are deemed to be such under GDPR or the Act.
7.4. 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.
8. MARKETING AND ADVERTISING
8.1. If you opt in to be contacted by phone or email about our shows, products, projects and services and for your email and social media usernames to be used to generate and provide you with social media advertising related to us, we may use your email address, social media usernames and (where specified) your phone number (and other personal data such as your name, age category and general location required to administer your opt in) to:
i) send you emails with information about the Production and our other shows, products, projects and services;
ii) contact you by phone or email about casting for the Production and/or casting for other programmes being produced by us; and
iii) use your email or social media usernames to provide you with specific news or advertising related to us that we think you may be interested in on other platforms such as Facebook, Instagram, Twitter, Snapchat and Google and/or to enable those other platforms to provide advertising related to us on our behalf to types of audiences who use those platforms. If we use your email or social media usernames in this way, we remain the data controllers of your information and the relevant platform does not have the right to use your email and/or social media usernames (provided by us in this way) for its own purposes. If you would like further information about how this works, please refer to the privacy information provided by the social media platforms you use.
8.2. You can unsubscribe from this marketing and advertising option by either emailing hello@buzz16.uk or, using the unsubscribe option in any of the marketing emails that you receive, or (if you are contacted by phone) telling us you no longer wish to be contacted.
9. DATA RETENTION
9.1. We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, namely the Production and in fulfilling the Contract. For greater certainty, this includes satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
9.2. If you are not selected to participate in the specific series of the Production that you applied for then in order to consider you for future series of the Production and to contact you by email and/or telephone about future series of the Production, we will usually retain your personal data collected for your application until eighteen (18) months from the end of production of the specific series of the Production that you applied for.
9.3. If you are selected to participate in the Production, 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 (7) years thereafter but personal data relating to any payments made to you will be retained for up to ten (10) years thereafter (unless otherwise required by a legal obligation).
9.4. We will keep footage of you, personal data contained within the Contract, personal data required to fulfil any ongoing contractual payment obligations, any records of your participation in the Production and information contained in any publicity material for as long as necessary for the purposes of the Production – which may be indefinitely for airing and re-airing the Production (whether in whole or in part).
9.5. In some circumstances we may anonymise your personal data so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer an employee, worker or contractor, we will retain and securely destroy your personal data in accordance with applicable laws and regulations.
10. RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION
10.1. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your working relationship with us.
10.2. You have certain rights in respect of your personal data which include:
• Right to be informed about how your personal data is being used (i.e. as set out in this policy).
• Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data 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 data. This enables you to ask us to delete or remove personal data 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 data where you have exercised your right to object to processing (see below).
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your 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 data for direct marketing purposes.
• Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.
• Request the transfer of your personal data to another party.
10.3. Please be aware that these rights are not always absolute and there may be some situations in which you cannot exercise them, or they are not relevant. Please also be aware that, as explained below, these rights will not apply to the extent that they are incompatible with the Special Purposes.
10.4. You will not usually have to pay a fee to access your personal data (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.
10.5. 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 data is not disclosed to any person who has no right to receive it.
10.6. To exercise any of these rights please contact us by emailing hello@buzz16.uk. You can find out more information about your rights on the Information Commissioner’s website ico.org.uk. You can also complain to the Information Commissioner if you have any concerns about your personal data.
10.7. 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 policy, 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 Production broadcaster not to apply aspects of this legal framework and your rights if they are not compatible with the artistic purposes of the Production and there is a public interest in broadcasting the Production (the “Special Purposes”). Consequently, please be aware that aspects of the legal framework explained in this privacy policy and your rights under the GDPR may not apply where they are not compatible with the Special Purposes.
11. RIGHT TO WITHDRAW CONSENT
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so.
12. 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 data.
13. CONTACT
If you want to withdraw your consent, review, verify, correct or request erasure of your personal data, object to the processing of your personal data, or request that we transfer a copy of your personal data to another party, or if you have any other questions about this privacy notice, please contact us at hello@buzz16.uk.
Last updated September 2024
