PRIVACY POLICY FOR CONTRIBUTORS

Introduction

This policy explains what data Red Paint Productions Limited (“Red Paint” or “we”) collect 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 laws and regulations relating to the protection of personal data applicable in the UK. 

This privacy policy applies to the personal information of participants or contributors who we are considering, or have decided, to include in a programme which we have produced, are producing or intend to produce. It is important that you read this privacy policy together with any agreement or notice provided to you, so that you are fully aware of how and why we are collecting and using your data. This privacy policy supplements any other notices (if provided) and is not intended to override them.

We may update this privacy policy from time to time and will post any changes on our website.

This privacy policy was last updated on 21 December 2021.

Who are we?

 Any reference to “we“, “us” and “our” is to Red Paint Productions Limited. We are the “data controller” of your personal data and you can contact us email to info@redpaint.tv 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 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, financiers 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, such as carrying out criminal record checks, 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 Red Paint or substantially all of its assets are acquired by a third party, personal information held by Red Paint 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 or while taking part in a programme), 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

·       health

·       sex life or sexual orientation; or

·       genetics or biometrics

We may use your Special Category personal data where one of the following applies:

(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 made the information public (including where you do so when participating in the Programme);

(iv)   for reasons of substantial public interest based on the law (for example where necessary for our health and safety obligations or for the purposes of Ofcom’s functions or for insurance purposes); or

(v)  where necessary for you to receive medical treatment from a registered medical professional.

We may also collect, store and use (and you hereby consent to us collecting, storing and using) information about your 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 the Programme, to ensure that you are at all times able to participate in the production process and any related publicity for the Programme, 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 will otherwise obtain your consent to of your Special Category personal data.

We may appoint third parties to process your personal data, for example 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.  

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, and our medical advisers, health and safety and insurance teams if their advice is required, where necessary for the purposes of the production of the programme.

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 third party service providers outside of the UK, which do not have similarly strict data protection and privacy laws.

Where we transfer personal data to service providers, we will put in place data transfer safeguards, as applicable under the Data Protection Act 2018.

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.

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 Data Protection Act 2018 (the Act) requires us to use your data within the legal framework explained above.  However, the Act contains 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 aspect of this Privacy Notice and your rights under the Act 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

If you have any questions about our privacy policy or the information that we hold about you please contact info@redpaint.tv

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.