Privacy Policy
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Privacy Notice
This Privacy Notice (Privacy Notice) describes how FABLE PICTURES LIMITED (Company Number: 09957987) whose registered office is at 135 Church Street Church Street, Horwich, Bolton, BL6 7BR (Company, we, us, our) processes your Personal Data in our role as a "controller" and in connection with your work on one or more of our productions. As used in this Privacy Notice, "personal data" means information which identifies you as well as any information relating to you, and includes your name, your role and your payment details (Personal Data).
Unless otherwise defined herein, capitalised terms used herein shall have the meanings ascribed to such terms in this Agreement.
The Company intends (but does not undertake) to produce one or more series of the Programme(as defined in this Agreement).
Introduction
The Company is committed to protecting your Personal Data. We have produced this Privacy Notice to notify you about how we use your Personal Data during and after your working relationship with us, so we strongly recommend you familiarise yourself with it, together with any other privacy documents we may provide on specific occasions when we are processing Personal Data about you, so that you are aware of how and why we are using such information. We may also update this Privacy Notice at any time but will inform you of any material changes.
This Privacy Notice applies to you both during and after your relationship with us.
Please note that this Privacy Notice does not form part of your contract of engagement.
How Do We Receive Your Data?
Generally, we will collect your Personal Data from you directly, although in certain circumstances we may receive Personal Data about you from other sources, including but not limited to, your agent or representative and, should you be providing your services to us through a services company, that services company.
The information that is collected and processed by us includes the following categories of data:
Contact information (e.g., your name, address, email address, phone number, next of kin details);
ID information (e.g. passport no., date of birth, gender, country of residence, citizenship NI number/SSN, tax code);
Work/production information (e.g., proof of eligibility to work, proof of residence, start date, role, department, scheduling, time & attendance, performance);
Financial information (e.g., bank details, compensation, VAT number);
Casting information (e.g., an image or video of you);
Background information; and/or
Your inclusion in our footage.
How Will We Process Your Personal Data?
We will process your Personal Data in accordance with applicable data protection laws.
Specifically, the Company will only use your Personal Data when permitted to do so in accordance with data protection laws, which means that we will only process your Personal Data where we have a lawful basis for doing so. In respect of your Personal Data, these bases are as follows: (i) where the processing of your Personal Data is necessary for the performance of a contract to which you are a party; (ii) where the processing of your Personal Data is required to comply with a legal or regulatory obligation; (iii) where the processing of your Personal Data is in our (or a third party's) legitimate interests and your freedoms and fundamental rights do not override those interests; (iv) where the processing of your Personal Data is necessary to protect vital interests; and/or (v) where you have consented to the processing of your Personal Data.
Primarily, we will process your Personal Data for the purpose of the administration, production, distribution and commercialisation of the Programme. Processing for this purpose is necessary for performance of the contract we have with you.
Please note that sometimes we will be required to carry out background checks on you; for example, if your role in the Programme involves working with children, we may need to request extra information from you and may also receive additional information from background check agencies (for example you have a criminal record you had not notified us of).
Additionally, we will process your Personal Data for the following purposes and the applicable lawful bases are:
Purpose
Lawful Basis
Engagement, management and administration of cast and crew – including: (i) your appointment and role; (ii) use of your name, voice and images; (iii) managing your work activities; (iv) arranging for transport and assistance; and/or (v) creating and maintaining records, relating to your engagement and/or in respect of the Programme.
Necessary for the performance of the contract we have with you.
Payment, Remuneration and Payroll – including payment of: (i) salary; (ii) wages; (iii) pensions; and/or (iv) other contractual benefits and/or compensation.
Necessary for the performance of the contract we have with you.
Travel – sharing information to: (i) accommodation; and (ii) travel providers.
Necessary where filming for the Programme takes place at a location away from your place of residence and we have made travel and accommodation arrangements on your behalf.
Human Resources – including: (i) training; (ii) directing; (iii) disciplinary action; (iv) monitoring behaviour; (v) compliance with policies; (vi) granting leave; (vii) references; and/or (viii) benefits.
Necessary for the performance of the contract we have with you.
Work Related Communications – including contacting you in relation to: (i) your role and responsibilities in the Programme; (ii) enforcing your contract requirements; and (iii) responding to any communications.
Necessary for the performance of the contract we have with you.
Emergency Contacts and Related Communications – including: (i) contacting you and your specified contacts in the event of an emergency; and/or (ii) facilitating communications in respect of health and safety.
Consent in respect of your emergency contacts, which we obtain or in accordance with your vital interests which is necessary in accordance with your vital interests in respect of health and safety and in the event of an emergency.
Compliance – including: (i) complying with legal obligations and broadcaster requirements; (ii) defending claims; (iii) tax; and/or (iv) national insurance deductions.
Necessary for us to comply with legal or regulatory obligations.
Sharing – including sharing your Personal Data with: (i) members of our group; (ii) any co-producers; (iii) financiers; (iv) the broadcaster/commissioner; (v) distributors; (vi) potential purchasers or investors; and/or (vii) our professional advisors (including legal advisors as set out below) for facilitating purposes set out above, and as set out in 'Disclosing your Personal Data' below.
Should the lawful bases already provided not apply, The applicable lawful basis to facilitate sharing for the purposes set forth above; and where the lawful basis is not applicable, then such sharing will be in our legitimate interests to enable us to finance or produce and distribute the Programme. However, such sharing will not prejudice your interests or fundamental rights and freedoms.
Legal issues – including sharing your information or contract with our legal advisors.
Where necessary to investigate and defend ourselves or others against any third-party claims or allegations.
Production insurance – including sharing your Personal Data (including your health data) with our insurers in order to obtain insurance for the Programme.
This will only apply to those undertaking medicals where the lawful basis is necessary for the performance of a contract we have with you.
Safety – including sharing information with: (i) government entities; (ii) our advisors; and/or (iii) law enforcement.
Where required by law or where necessary for the protection of you, the Programme, other cast or crew and/or the public.
Health information – including where necessary to manage risks and take actions to protect workforce and facilities (such as, without limitation, for COVID-19) and to satisfy certain reporting requirements.
Our legitimate interests and as required under employment legislation to ensure safe working conditions for staff, cast, crew and others on set; necessary in accordance with vital interests in respect of health and safety; necessary for insurance purposes.
Internal Logistics – sharing information with our: (i) co-production partners; (ii) financiers; (iii) broadcaster/commissioner and/or (iii) distributors.
Where required in order to complete our internal practices efficiently.
Promotion of the Program – processing of Personal Data necessary for the promotion of the Programme (i.e., the exploitation of the Programme).
Our legitimate interest to promote the Programme and in line with our contract with you.
Special Categories of Personal Data
We may also collect and use "special categories" of your Personal Data (formerly known as "sensitive personal data"), which means Personal Data relating to your trade union membership, health information for purposes of managing risks and taking actions to protect our workforce and facilities (including without limitation to satisfy certain reporting requirements, for example in connection with the Programme’s insurance), criminal records, ethnicity, religion, sexuality or political persuasion. Where such Personal Data is required we will only process this if:
- we have your explicit consent;
- it is necessary for carrying out our obligations and exercising our rights in the field of employment, social security or social protection law or collective agreement;
- it is necessary for the assessment of your working capacity;
- it is necessary for reasons of substantial public interest;
- it is necessary for the purpose of the establishment, exercise or defence of legal claims (including prospective proceedings);
- required under a specific legal obligation;
- the processing of your Personal Data is necessary to protect vital interests; or
- you have manifestly made this information available to us.
Disclosing Your Personal Data
We may disclose your Personal Data to certain third parties to process your Personal Data on our behalf. These companies may change from time-to-time, but will only be those which specialise in providing services for the purposes set out in the table above. In each case, we require that such parties process your Personal Data in accordance with this Privacy Notice or equivalent data protection requirements.
We may also disclose your Personal Data to the following categories of recipients in the following circumstances:
- to other members of our group of companies;
- to our co-production partners, financiers, the broadcaster/commissioner and/or to distributors;
- to insurers in order to provide health insurance to you or for us to insure the production;
- to accommodation and travel providers where filming for the production takes place at a location away from your place of residence and we have made travel and accommodation arrangements on your behalf;
- to our advisors where we believe that doing so is necessary to protect the rights, property, security, or safety of us, our production, our other cast and crew, or the public;
- to our advisors to enforce any contract or policies we have in place with you;
- to our advisors to investigate and defend ourselves or others against any third-party claims or allegations; and
- health testing services and medical professionals;
- to government entities or law enforcement where required by law or where necessary for the protection of the production and others; and/or
- to potential purchasers or investors and our and their advisors in relation to a business transaction, such as the financing and distribution of the production, a merger, change of control or sale of assets.
In some cases, recipients of your Personal Data may be located in a jurisdiction where data protection and privacy regulations do not offer the same level of protection as that offered in the UK (such as group companies in the United States of America). In these cases we take reasonable steps to make sure that appropriate protection is in place, in line with applicable data-protection laws, such as entering into approved standard data protection clauses or another acceptable data transfer mechanism as acceptable under the laws of United Kingdom.
We may also share certain data about cast and crew (including ethnicity, religious, gender and salary information) with third parties and public bodies to assist such parties in understanding demographic and equality statistics in the Film & TV sector. This information will only ever be provided on an anonymised or aggregated basis and will not personally identify you unless you have provided your consent.
Health Data
We may have an interest in collecting personal and health data (such as, without limitation, COVID-19) to protect the health of our employees, contractors, and visitors and other individuals that may access the Programme production’s premises, and we may use this information to take action to protect our workforce and visitors. When collected, this information will be recorded and securely stored for the duration of the Programme. This data will be deleted once the above purpose has been satisfied which we anticipate will be as soon as practicable following the date the Programme wraps.
We will not share your data with anyone who does not have a specific reason to be privy to it and should there be any action taken as a result of any testing or information from you, we will do our best to ensure your anonymity wherever possible.
Informing Us of Changes To Your Personal Data
The Company seeks to ensure that the Personal Data we hold about you is accurate and up-to-date. Therefore, we request that you notify us as soon as possible of any changes to your Personal Data.
Where we have indicated in this Privacy Notice that we process your information because it is necessary to perform a contract that we have with you, if you provide us with incorrect information or if you do not provide the information we request at all we may not be able to perform our obligations to you under that contract, or this could lead to a delay in us performing those obligations; for example, if you provide us with incorrect bank details this could lead to a delay in us paying you for your services.
Data Retention
The Company will retain your Personal Data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, HR and accounting 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.
Please note, we retain a record of those involved in the Programme for our records.
Please also note that any Personal Data contained within the final version of the Programme, and any related marketing, will be publicly available on a permanent basis.
Your Rights
Under certain circumstances, by law you have the right to:
- 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 (commonly known as a "right to be forgotten"). 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 particular situation which makes you want to object to processing on this ground and provided that we do not have compelling legitimate interests to override such objection.
- 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.
- Complain to a relevant supervisory authority in respect of our processing of your Personal Data, which will be the Information Commissioner's Office in the UK. However, if you have any concerns about how we handle your Personal Data, we encourage you to contact us in the first instance so that we can work with you to resolve them.
If you want to review, verify, correct, 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, please contact us in writing at the email as detailed below.
You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights) unless such request is clearly unfounded or excessive; in such circumstances we may charge a reasonable fee, or refuse to comply with the request in such circumstances.
Please be aware that the rights above are not absolute and there may be circumstances where we are unable to comply with your request (either wholly or in part). In such cases we will explain why we cannot comply with the request.
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.
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. To withdraw your consent, please contact us. 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 lawful basis for doing so, which we will inform you of when responding to you. Please note, however, that in most cases we do not rely on your consent to process your Personal Data.
Contact Us
If you have any queries in relation to your Personal Data or how it is processed by the Company, please contact: info@fablepic.com.