Data controller:
| AJH PRODUCTIONS USA LLC, a company incorporated in Delaware with company registration number 7173506 at address 2041 East St, PMB 28, Concord, CA, 94520 |
Introduction
AJH Productions USA LLC (where relevant referred to as “the Company) is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about individuals (referred to as the “individual” or “you”).
The Company collects, stores and processes personal data relating to its contractors, employees and other individuals in order to manage their contractual and business relationship with that individual. This privacy notice sets down how the Company collects and uses personal information about you during and after your working relationship with us.
This privacy notice applies to current and former workers and contractors (including persons filmed for Company productions). This notice does not form part of any contract to provide services and may be updated at any time.
The Company is committed to protecting the privacy and security of your personal information. The Company is committed to being clear and transparent about how it collects and uses that data and to meeting its data protection obligations.
- Data Protection Principles
The Company will comply with data protection law. This means 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 explained to you clearly and not used in any way that is incompatible with these purposes;
- Relevant to the purposes we have told you about and limited to those purposes only;
- Accurate and kept up to date;
- Kept only for such time as is necessary for the purposes we have told you about; and
- Kept securely.
- What Information Does The Company Collect And Process?
The Company collects and processes a range of personal information (personal data) about you. Personal data means any information about an individual from which the person can be identified. This may include:
- Personal contact details, such as your name, title, address and contact details, including email address and telephone number;
- date of birth;
- gender;
- details of your bank account, tax status and national insurance number;
- information about your marital status, next of kin, dependants and emergency contacts;
- information about your nationality;
- CCTV or other filmed footage and other information obtained through electronic means.
We may also collect, store and use the following special categories of more sensitive personal information:
- information about medical or health conditions;
- information about your criminal record; and
- equal opportunities monitoring information, including information about your ethnic origin, sexual orientation, health and religion or belief.
The Company collects this information in a variety of ways. In some cases, the Company collects personal data about you from third parties, such as references and information from criminal records checks permitted by law.
Data is stored in a range of different places, in hard copies and in the Company’s IT systems (including the Company’s email system).
We store personal information for as long as necessary for the purposes for which it was collected or which you subsequently authorize it and otherwise to carry out the purposes described in this Privacy Notice.
- Why we need to process your personal data and the legal basis for processing
There are a number of lawful bases upon which we may collect and process your personal information, including the following:
- It is necessary to perform our obligations in accordance with our contract with you, and to supply benefits to you (for example travel agencies, hotels);
- To pursue our legitimate business interests: for example to fulfil our legal and regulatory obligations relating to our productions, including contractual obligations to broadcasters and to comply with the Ofcom Broadcast Code or other applicable regulations, for administration and management purposes, to produce, promote, distribute and otherwise exploit productions which individuals have contributed to in any media, worldwide and to meet our duty of care to safeguard contributors, employees and other individuals where we have balanced these against individual rights, freedoms and interests;
- It is for reasons of public interest;
- to conform with the law, research and respond to regulatory inquiry, respond to claims, or comply with legal process served on Company (e.g., a lawful subpoena, warrant or court order, or discovery request);
- to enforce or apply our policies or agreements (including to bill and collect for amounts owed to us);
- to protect and defend our operations and ours and our employees’, patrons’, users’, or the public’s rights, privacy, safety or property (including through surveillance);
- to protect our websites, including fraudulent, abusive or unlawful use of our websites.
- if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay;
- to governmental authorities, in our sole discretion, in exceptional circumstances, such as a national emergency, security matter, or other situations in which we deem such disclosure prudent;
- We may process your personal information with your consent. Where that is the sole basis for legal processing, we will tell you and seek your explicit consent before processing your
- Examples of situations where Company Will Use and Disclose Your Personal Information
Situations in which we will process your personal information are listed below (by way of example, and this is not an exhaustive list), in accordance with the Company’s lawful bases for processing your data:
In order to:
- maintain accurate and up-to-date records and contact details (including details of whom to contact in the event of an emergency);
- check you are legally entitled to work in the UK;
- pay you;
- ascertain your fitness to work;
- ensure effective general business administration;
- deal with legal disputes involving you or other employees, workers and contractors; and
- facilitate equal opportunities monitoring in the workplace.
- If You fail to Provide Personal Information
If you do not prove certain information when requested, the Company may not be able to perform the contract we have entered into with you, such as paying you.
- Change of Purpose
The Company will only use your personal information for the purpose for which it was collected 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 advise you of this and explain the legal basis which allows us to do so.
You should be aware that we may process your personal information without your knowledge or consent where this is required or permitted by law in accordance with the terms of this Privacy Policy.
- How We Use Special Category Data
In some cases the Company requires access to so called special category data (being any information relating to race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, health data, sex life or sexual orientation).
Where an individual has provided or given the Company access to, the Company may use this data for the purposes referred to above provided that the legal basis set out above is met and one of the following conditions is satisfied:-
- The individual has given explicit consent to the Company; or
- it is necessary for the Company to carry out their obligations under their contract with the contributor and/or one of the conditions for processing special category data as set out in the relevant data protection legislation is otherwise met.
In some cases special category data is used for the purposes of meaningful equal opportunities monitoring or reporting. Data used by the Company for these purposes is anonymised or is collected with the express consent of individuals, which can be withdrawn at any time. Individuals are entirely free to decide whether or not to provide such data and there are no consequences of failing to do so.
- Information About Criminal Convictions
We envisage that we will hold information about criminal convictions but only where it is appropriate given the nature of the role and where we are legally able to do so, for example, where we anticipate filming with children.
- For How Long Do You Keep Data?
The Company will only hold your personal data for as long as is necessary to fulfil the purposes we collected it for (which may extend to the length of time that a programme/film may be viewed or otherwise exploited), including any legal, accounting or reporting requirements.
- Who is Data Shared With?
Your information will be shared internally, including to companies that are under common ownership or control with Company, our subsidiaries and/or affiliated companies. We share personal information to third parties as necessary for the purposes for which it was collected or which you subsequently authorize it, and otherwise to carry out the purposes described in this Privacy Notice.
The Company may also share your data with:
- third parties where required by law, where it is necessary in order to administer the working relationship with you or where we have another legitimate interest in doing so as referred to above (for example, to broadcasters or other third party companies in connection with the exploitation and publicity of programmes/films produced by the Company);
- broadcasting regulators g. Ofcom;
- the police or other regulatory bodies as required by law in connection with the investigation of crimes;
- other governmental agencies or organisations where legally required to do so;
- professional advisors of the Company;
- We may share or sell your information as an asset of Company in conjunction with the sale to a third party of our Company, our subsidiaries and/or affiliated companies, or a portion of our or their business or assets;
- We may disclose your information to other third parties to whom you or your agents authorize us to disclose your information in connection with products or services we provide to you.
Your data may be transferred to countries outside the European Economic Area (EEA) where those countries are involved in a particular television production eg for visa purposes. In these cases only data required for that particular use will be transferred outside the EEA. Your data may also be transferred to the Company’s US office. If you require further information, it is available from the Company’s Data Protection Officer.
- How Does The Company Protect Data?
The Company takes the security of your data seriously. The Company has internal policies and controls in place to prevent your data being lost, accidentally destroyed, misused or disclosed, and is not accessed except by its employees in the performance of their duties.
When the Company engages third parties to process personal data on its behalf, they do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and organisational measures to ensure the security of data.
- Your Duty to Inform Us of Changes
It is important that the personal information we hold about you is accurate and current. Please be sure to keep us informed if your personal information changes during your time working with us.
- Your Rights
As a data subject, you have a number of rights. You can:
- access and obtain a copy of your data on request (known as a “data subject access request”);
- require the Company to change incorrect or incomplete data;
- request erasure of your personal information. This enables you to ask the Company to delete or stop processing your data, for example where the data is no longer necessary for the purposes of processing;
- object to the processing of your data where the Company is relying on its legitimate interests as the legal ground for processing; and
- ask the Company to suspend the processing of your personal data for a period of time if data is inaccurate or there is a dispute about its accuracy or the reason for processing it.
If you would like to exercise any of these rights, or you have any questions about the privacy notice, please contact [email protected].
If you believe that the Company has not complied with your data protection rights, you have the right to make a complaint to the Information Commissioner’s Office (for UK based complaints).