PRIVACY POLICY FOR CONTRIBUTORS
Introduction
This policy explains what data Five Mile Films Limited (“Five Mile” 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 whose contribution 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 17th July 2023.
Who are we?
Any reference to “we“, “us” and “our” is to Five Mile Films Limited and its subsidiary companies. We are the “data controller” of your personal data and you can contact us by email at privacy@fivemilefilms.co.uk or write to us at Privacy Manager, Five Mile Films, 34 Whiteladies Road, Bristol, BS8 2LG for more information about how we process your data.
What personal information do we process about you?
You provide certain personal data to us as part of your contribution. This could include your name, address, email address, gender, date of birth, age, phone number, image, voice, video and/or photos of yourself, social media handles, views or images of your property, 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 including your hobbies and interests and details about your family, relationships and dependants and other information contained in your contribution that may identify you.
You also provide personal data in your agreement with us and any other communication with us concerning your contribution. If you are reimbursed for your contribution, you may provide us with your banking details. In some instances, we may also collect “Special Category Data” for example, information about your ethnicity, sexual orientation, criminal offences or convictions, or your health information as part of an application process, to assess your suitability to contribute to productions, to obtain and administer insurance, or to arrange and administer any medical treatment you may need.
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 process your personal data for the purposes of our business, including for production, broadcasting, distribution and marketing.
As a controller, we are required to have a lawful basis for processing your personal data. We will use the personal data we collect about you for:
- The performance of the contract and relationship between us.
This includes processing of personal data concerning your application to take part in, contribution to, or participation in one of our productions and our assessment of it, the duration of your contract, your remuneration, your bank details, your references, checks we may make to verify personal data provided or background checks. Such processing shall include, where necessary, sharing your contact information and bank details with third parties for the purposes of facilitating payment of any residuals or other fees (to the extent that these are payable to you in accordance with the terms of our contract). If relevant, we may also process personal data concerning your health, any disability and any adjustments to filming arrangements.
- Contacting you (or others on your behalf, such as your agent for example) in connection with your application to take part in, contribution to, or participation in our productions.
This includes processing contact information you have provided to us, including your address, phone number, or the personal data of an emergency contact or next of kin.
Lawful basis: Necessary for our legitimate interests to manage and administer our business effectively, where we consider that our legitimate interests do not override your own interests, rights and freedoms.
- The creation, sale, and distribution/broadcast of a production you are taking part in.
This includes processing of personal data connected with your application to take part, contribution to, or participation in, one of our productions, such as the processing of images, video, audio, background information, or other pertinent information relating to you. Such processing may include conducting background checks and, where necessary, sharing your personal data with third parties for the purposes of the assessment and exploitation of your contribution, including the commissioning party, broadcaster, rights management platforms, and/or distribution agents.
Lawful basis: Necessary for our legitimate interests or those of a third party to publish your contribution as journalistic, artistic, or literary material which we believe is in the public interest and to manage and administer our respective businesses effectively and properly, where we consider that our, or a third party’s, legitimate interests do not override your own interests, rights and freedoms.
Where we process your Special Category Data for this purpose, one of the following grounds will also apply: (1) You have manifestly made the information public (including where you do so when participating in our productions), or (2) Your explicit consent. Please see the note on the Special Purposes exemption below in relation to personal data processed on the basis of your explicit consent.
We may also rely on the Special Purposes exemption in order to process your personal data for the creation, sale, and distribution/broadcast of a production. This may be the case, for example, where your special category data has been disclosed to us by a third party and it has not been possible to obtain your prior explicit consent to this processing.
- To assess your suitability to provide a contribution to one of our productions.
This includes processing of your personal data, Special Category Data (such as your health information) or information relating to criminal convictions or offences to assess your suitability to provide a contribution to our production in order to safeguard your health, safety and welfare and the health, safety and welfare of our employees, contributors, crew and the general public.
Lawful basis: Necessary for our legitimate interests or those of a third party to assess your suitability to provide a contribution to a production.
Where we process your Special Category Data for this purpose, one of the following grounds will also apply: (1) To fulfil our legal or regulatory obligations and exercise our rights including those as an employer (where applicable) – e.g. for the health and safety of our crew, programme contributors, and others, (2) For reasons of substantial public interest based on the law (e.g. where necessary for our health and safety obligations or for insurance purposes), (3) You have manifestly made the information public (including where you do so when participating in our productions), or (4) Your explicit consent. Please also see the note on the Special Purposes exemption below in relation to personal data processed on the basis of your explicit consent.
- Contacting you in relation to opportunities to contribute on further productions we may be working on.
This includes processing of your contact information.
Lawful basis: Consent, where we have asked for your consent to contact you for such purposes. Where we do not have your consent, we consider it is necessary for our legitimate interests to manage and administer our business effectively, including for marketing purposes, where our legitimate interests do not override your own interests, rights and freedoms.
- Monitoring of diversity and equal opportunities.
This may include personal data on your nationality, racial and ethnic origin, gender, sexual orientation, religion, disability, or age as part of diversity monitoring initiatives. We may also share aggregated and anonymised diversity statistics with regulators if formally required/requested.
Lawful basis: Necessary for our legitimate interests to manage and administer our business effectively, where we consider that our legitimate interests do not override your own interests, rights and freedoms.
Where we process your Special Category Data for this purpose, one of the following grounds will also apply: (1) To fulfil our legal or regulatory obligations and exercise our rights including those as an employer (where applicable), (2) For reasons of substantial public interest based on the law (e.g. where necessary for our health and safety obligations or for insurance purposes), or (3) Your explicit consent.
Please note: Five Mile Films 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.
- Financial planning and budgeting
This includes processing of personal data connected with any remuneration paid in respect of your contribution.
Lawful basis: Necessary for our legitimate interests to manage and administer our business effectively, where we consider that our legitimate interests do not override your own interests, rights and freedoms.
- Physical and system security
This includes CCTV footage and records of use of swipe cards or similar entry cards.
Lawful basis: To comply with our legal obligations and where necessary for our legitimate interests to manage and administer our business effectively, where we consider that our legitimate interests do not override your own interests, rights and freedoms.
- Maintaining appropriate business records during and after your participation in a programme.
This includes personal data relating to your contribution in one of our productions.
Lawful basis: To comply with our legal obligations and where necessary for our legitimate interests to manage and administer our business effectively, where we consider that our legitimate interests do not override your own interests, rights and freedoms.
- Day to day business operations including marketing and travel on our behalf (where relevant).
This includes personal data relating to your contribution in a production and may include a photograph or profile of you as well as details of travel arrangements and location.
Lawful basis: Necessary for our legitimate interests to manage and administer our business effectively, where we consider that our legitimate interests do not override your own interests, rights and freedoms.
- To fulfil our legal and regulatory obligations.
This includes processing your personal data where required to do so by law. For example, to comply with accounting, tax reporting, health and safety, or audit requirements.
Lawful basis: To comply with our legal obligations. Where we process your Special Category Data for this purpose, we do so to fulfil our legal or regulatory obligations and exercise our rights including those as an employer (where applicable) – e.g. for the health and safety of our crew, programme contributors, and others).
- Disputes and legal proceedings.
This includes any personal data relevant, or potentially relevant, to a dispute or legal proceeding affecting us.
Lawful basis: To comply with our legal obligations and where necessary for our legitimate interests to manage and administer our business effectively, where we consider that our legitimate interests do not override your own interests, rights and freedoms.
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 providers if their advice is required, and with the commissioning party / broadcaster for the purposes of the production and exploitation 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 casting, 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 and we will ensure that there is a data processing agreement in place between us and such third parties which ensures that processing is compliant with UK data protection law.
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 of the UK, to countries 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 ensure a similar degree of protection is afford to it by ensuring appropriate safeguards are implemented in accordance with UK data protection laws.
How long do you keep my information?
We do not retain your information for longer than necessary for the purpose it was collected.
In general, where you have been involved with the production of one of our programmes, we will keep your personal data for as long as the programme is being broadcast, distributed or otherwise exploited. Where you have been involved in the casting of a programme, unless you agree that we can keep your information for longer (e.g. where you may be interested in appearing in other programmes) we will keep your personal data until such time as production is complete.
In considering how long to keep your personal data, we will take into account its relevance to our business and your contribution either as a record or in the event of a legal claim.
Some information, such as production footage of your contribution will be held indefinitely as we have an ongoing legitimate interest in retaining this.
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 in a clear and concise manner about what we do with your personal data;
· The right of 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;
· The right to rectification of the personal data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected;
· The right to 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);
· The right to restrict 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;
· The right to data portability. You have the right, in certain circumstances, to obtain personal information you’ve provided us with (in a structured, commonly used and machine-readable format) and to reuse it elsewhere or to ask us to transfer this to a third party of your choice;
· The right to object. You can ask us to stop processing your personal information, and we will do so if we are:
· relying on our own (or someone else’s legitimate interests) to process your personal information, save where we can demonstrate our compelling legal grounds for the processing; or
· processing your personal information for direct marketing;
· The right to withdraw consent. If we rely on your consent (or explicit consent) as our lawful basis for processing your personal information, you have the right to withdraw that consent 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 legal basis for doing so or we rely on the Special Purposes exemption to continue to process your information (see below).
If you want to exercise any of these rights, please contact us (our contact details can be found in the Contact Us section below). 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 as set out 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.
The Special Purposes
The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (the Act) require us to use your data within the legal framework explained above. However, Article 85 of the UK GDPR and Schedule 2 Part 5 of the Act contains an exemption which allows us and relevant third-party partners (such as the commissioning party or the broadcaster) not to apply aspects of this policy, the legal framework and your rights if they are not compatible with the 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 data protection law may not apply where they are not compatible with the Special Purposes.
For example, where we process your personal data on the basis of your consent or explicit consent (e.g., health or criminal convictions information provided during the application or filming process) and you subsequently seek to exercise your right to withdraw that consent, we may rely on the Special Purposes exemption to continue to process this information where stopping the processing and deleting your data is incompatible with the artistic or journalistic purpose of the programme, and there is a public interest in its broadcast.
How to contact us
If you have any questions about our privacy policy or the information that we hold about you please contact privacy@fivemilefilms.co.uk.
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.