CARYN MANDABACH PRODUCTIONS LIMITED
Updated 7 October 2019.
In this Data Protection and Privacy Policy (“Privacy Policy”), Caryn Mandabach Productions Limited with registered office at 39A Berwick Street, London W1F 8RU, UK (the “Company”, “we”, “our” or “us) informs you about how we collect, store, use and disclose your personal information.
PRIVACY POLICY
Who does this Privacy Policy apply to?
This Privacy Policy applies to all Individuals.
“Individuals” for the purposes of this Privacy Policy include the following:
Job applicants and candidates;
Individuals who we are speaking to about potentially taking part in or working on one of our productions;
Employees, workers (including agency workers), consultants, freelancers and officers employed or engaged by the Company;
Individuals who we contract to work on our productions, which includes talent, cast, crew, contributors and all those working in development and/or production roles, which includes writers, consultants, script editors, designers, production assistants, camera crew etc and all those working on-screen be it as extras or featured performers, as well as voiceover artists.
Anyone who contacts us via phone, email or post or via the Company’s website contact page www.mandabachtv.com
When we refer to Individuals in this Notice, we will say “you” or “your”.
What is the purpose of this Privacy Policy?
The Company is committed to protecting the privacy and security of your personal information.
This Privacy Policy describes how we collect and use personal information about you during and after your relationship with us, in accordance with the General Data Protection Regulation (GDPR).
It applies to all our Individuals as defined above.
The Company is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this Privacy Policy.
This Privacy Policy does not form part of any contract of employment or other contract for services or engagement. We may update this Privacy Policy at any time.
It is important that you read this Privacy Policy, when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information.
Data protection principles
We will comply with data protection law. This says that the personal information we hold about you must be:
Used lawfully, fairly and in a transparent way.
Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
Relevant to the purposes we have told you about and limited only to those purposes.
Accurate and kept up to date.
Kept only as long as necessary for the purposes we have told you about.
Kept securely.
The kind of information we hold about you
“Personal data”, or “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 “special categories” of more sensitive personal data which require a higher level of protection.
We will generally collect, store, and use the following categories of personal information about you. Precisely what information we collect about you will vary dependant on your role so not all of the information below will apply to all Individuals at all times. The kind of information we collect and process will include:
If you are applying for a role, we may collect information from your agent or recruitment consultant which might include your CV or portfolio, application details, references;
If you are applying for an on-screen or voiceover role we may collect images, video or audio of you;
Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.
Date of birth.
Gender.
Marital status and dependants.
Next of kin and emergency contact information.
National Insurance number.
Passports and right to work documents.
Bank account details, payroll records and tax status information.
Salary, annual leave, pension and benefits information.
Start date.
Location of employment or workplace.
Copy of driving licence, if relevant to your job role, or if used for ID purposes.
Employment records (including job titles, work history, working hours, training records and professional memberships).
Compensation history.
Performance information.
Disciplinary and grievance information.
Information about your use of our information and communications systems.
Photographs, images, audio and video when used on our productions or on our website.
We may also collect, store and use the following “special categories” of more sensitive personal information:
Information about your racial or ethnic origin, religious beliefs, sexual orientation and political opinions.
Membership with BECTU or other trade unions.
Information about your health, including any medical condition, health and sickness records.
Genetic information and biometric data (if applicable).
Legal grounds for processing your personal information
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:
Where we need to perform the contract we have entered into with you;
Where we need to comply with a legal obligation;
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. Our legitimate interests are those of an employer and commercial business and specifically that of an independent drama production company.
In some situations we may seek your consent for processing your personal data. However, consent will only be relied on in rare and exceptional circumstances and we will specifically request this from you in writing, if we need your consent. We may also process your personal data in emergency situations to protect your vital interests.
In some circumstances, we will process personal data because it is in the public interest to do so. In most situations however, we will rely on the 3 legal conditions mentioned above for the processing of the majority of your personal data.
How we use particularly sensitive personal information
“Special categories” of particularly sensitive personal information require higher levels of protection. This information includes the following information: racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic/biometric data, health, sex life or sexual orientation.
In so far as your personal information amounts to special categories of personal data, in addition to the above, we will most likely use your personal information in the following additional circumstances:
In limited circumstances, with your explicit written consent;
Where it is necessary for the purposes of carrying out obligations and exercising rights under employment, social security and social protection law and in line with our data protection policy;
Where it is necessary to protect your vital interests (in emergency situations);
Where the processing is necessary for reasons of substantial public interest (such as equal opportunities monitoring);
Where the processing is necessary for the purposes of occupational medicine, medical diagnosis or for the assessment of your working capacity on health grounds etc pursuant to a contract with a health professional.
Where the processing is necessary for the establishment, exercise or defence of legal claims.
Situations in which we will use your personal information
In this section we use capital letters e.g. [A] or [B] or [C] to indicate which legal basis we rely on when processing different types of information (as we indicate below).
We need all the categories of information in the list above primarily:
[A] to allow us to perform our contract with you
[B] to enable us to comply with legal obligations and/or
[C] In some cases we may use your personal information to pursue legitimate interests of our own or those of third parties provided your interests and fundamental rights do not override those interests.
The situations in which we will process your personal information are listed below.
Making a decision about your recruitment, appointment or engagement [A] and [C] which will include obtaining references from your referees.
Determining the terms on which you work for us [A], [B] and [C].
Checking you are legally entitled to work in the UK [C].
Monitoring your attendance at work or on productions [A], [B] and [C].
Paying you [A] and, if you are an employee, deducting tax and National Insurance contributions [B] (which will include obtaining bank account details from you).
Providing benefits to you if you are an employee [A].
Liaising with your pension provider if this forms part of your contractual benefits or you are eligible for auto-enrolment [A].
Administering the contract we have entered into with you [A], [B] and [C].
Business management and planning, including accounting and auditing [C].
Conducting performance reviews/appraisals, managing performance and determining performance requirements [C].
Making decisions about salary reviews and compensation [A], [B] and [C].
Assessing qualifications for a particular job or task, including decisions about promotions [C].
Gathering evidence and making decisions for possible grievance or disciplinary hearings [B] and [C].
Making decisions about your continued employment or engagement [B] and [C].
Making arrangements for the termination of our working relationship [B] and [C].
Education, training and development requirements [B] and [C].
Dealing with legal disputes involving you, or others, including accidents at work [B] and [C].
Ascertaining your fitness to work and considerations of reasonable adjustments [B] and [C]. (we will in addition rely on special category additional conditions 2 and 5 above)
Managing sickness absence [A], [B] and [C]. (we will in addition rely on special category additional conditions 2 and 5 above)
Complying with health and safety obligations [B] (and special category additional condition 2 above)
To prevent fraud [B] and [C].Viewing images, audio and visual images of talent or prospective talent to ensure that we engage
with the best Individuals for our productions [C].To monitor your use of our information and communication systems to ensure compliance with our IT policies and other policies [B] and [C].
To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution [B] and [C].
Equal opportunities monitoring and reporting equality and diversity information [B] and [C]. (And special category additional conditions 2 and 4 above).
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
We will use your particularly sensitive personal information in the following ways:
We will use information relating to leaves of absence, which may include sickness absence or family related leaves, to comply with employment and other laws.
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 work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits.
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 use trade union membership information to pay trade union premiums, register the status of a protected employee and to comply with employment law obligations.
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 providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our Individuals).
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 notify you 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.
Do we need your consent?
We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.
Automated decision-making
You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you.
Data sharing
We may have to share your data with third parties, including third-party service providers and other entities in the group. We require third parties to respect the security of your data and to treat it in accordance with the law.
We may want to transfer your personal information outside the EU in limited circumstances but will let you know if we do and the safeguards we will put in place.
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 or where we (or the third party) have another legitimate interest in doing so.
Which third-party service providers process my personal information?
“Third parties” includes third-party service providers (including contractors and designated agents). The following third- party service providers process personal information about you for the following purposes:
Your personal data may be disclosed to our employees or freelancers working on productions, for production, broadcasting, distribution, marketing, administrative and management purposes;
If you have an on-screen role, disclosure of footage, images or audio recordings of you as part of the broadcasting, distribution and marketing of our production, or to allow us to credit your role;
Our external accountants and payroll processors (who are subject to a professional duty of confidentiality);
Insurance companies – various;
Our external lawyers (where such information is subject to legal professional privilege and/or is subject to their professional duty of confidentiality);
Our bank;
Broadcasters – various for the purposes of sharing our productions and ideas or for equality and diversity reporting;
Agents – various to enable us to engage the best talent and Individuals;
External financiers to finance our productions or growth as a business;
IT company to manage our IT systems;
Pension providers/regulators for pension/regulatory purposes;
HMRC – to account for tax and national insurance contributions;
Writers – to share our ideas and in relation to existing or future productions.
How secure is my information with third-party service providers?
All our third-party service providers are required to take appropriate security measures to protect your personal information in line with the GDPR. We do not allow our third-party service providers 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.
Transferring information outside the EU
In connection with our business and for production, broadcasting, distribution, administrative, management, marketing and legal purposes, we may transfer your personal data outside the European Economic Area (EEA). When we do, we will ensure that any transfer is lawful and that there are appropriate security arrangements in place and we will ensure that we follow the GDPR requirements when doing so.
Data security
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?
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of 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 and other criteria as is relevant.
We also take into account the limitation periods applicable for making any claims against us which features in our decision- making on retention.
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.
Once you are no longer an employee, worker or contractor of the company we will retain and securely destroy your personal information in accordance with our policies.
Some personal data, such as production footage and credit information, we will keep indefinitely as we have an ongoing legitimate interest in retaining the product.
Your individual rights
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 review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact Susan Waddell, Commercial Director at susan@mandabachtv.com or using the Company contact details above.
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 we have relied on your consent for the collection, processing and transfer of your personal information for a specific purpose (which will be rare), you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact Susan Waddell, Commercial Director at the email or company address indicated above. 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 in law.
Person responsible for data protection in our Company
Susan Waddell, Commercial Director oversees compliance with this Privacy Notice. If you have any questions about this privacy notice or how we handle your personal information, please contact Susan Waddell using the Company contact information above. 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. We may also notify you in other ways from time to time about the processing of your personal information.
CMP