72 FILMS

PRIVACY AND DATA POLICY NOTICE

 

We are an independent production company which creates innovative ambitious projects that inspire, entertain and make a positive contribution to the cultural landscape (“Services”).

 

We ask that you read this Privacy and Data Policy Notice (“Privacy Policy”) carefully as it contains important information on who we are, how and why we collect, store, use and share personal information through your contributions to our productions, your use of this Website, or in relation to the Services we provide to our Clients. It also contains information on your rights in relation to your personal information and on how to contact us and supervisory authorities in the event you have a complaint.

 

1. WHAT DOES THIS PRIVACY POLICY COVER?

 

This Privacy Policy covers any personal information we might collect from you or which we have obtained about you from a third party: (1) where you apply to take part in, or we hold discussions with you in relation to, one of our productions, (2) when you provide contributions to one of our productions as talent (for example, in your capacity as an actor, musician, presenter, writer, or composer), (3) when you provide other contributions to one of our productions (for example interview contributions, participation in a production as a contestant, the provision of photos or the use of your property for filming purposes), (4)  in connection with the Services we provide to our Clients, (5) where you provide services to us as a Supplier, and (6) when you visit our website at https://www.72Films.com  (“Website”).

 

Our Website and Services are not intended for children, and we do not knowingly collect data relating to children. It is important that you read this Privacy Policy together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal information about you so that you are fully aware of how and why we are using your data. This Privacy Policy supplements the other notices and is not intended to override them.

 

2. WHO COLLECTS INFORMATION ABOUT YOU?

 

72 Films collects, uses and is responsible for certain personal information about you. When we do so we are responsible as ‘data controller’ of that personal information.

 

Please Note: When we refer to “72 Films”, “we”, “us” or “the Company” in this Privacy Policy we are referring to 72 Films Limited (company number 10075517). For details of how to get in touch, please see the “Contact Us” Section of this Privacy Policy.

 

Useful Terms.

 

“Applicant” means individuals who have applied to take part in, or with whom we may have held discussions with in relation to, one of our productions.

 

“Clients” means any of our clients (including the individuals working for our clients) to whom we have a business relationship in connection with the Services (including but not limited to broadcasters, sponsors, brand partners, off and on-air partners, distributors, licensees and assigns, and other third parties connected to productions and ventures we undertake). Clients also include prospective clients, such as contacts who we have communicated with but have not yet engaged us to provide Services.

 

“Contributors” means talent who provide contributions to our productions (for example actors, musicians, presenters, writers and composers), and/or other individuals who provide contributions to us (for example contestants, interviewees or individuals who provide photos or the use of their property for filming purposes).

 

“Suppliers” means those external vendors and suppliers that provide services to 72 Films.

 

“Website Visitors” means individuals who visit our Website and who may opt to provide us with personal information to request further information or to receive marketing communications from us.

 

“Personal information” (or “personal data”) means any information about an individual from which that personal can be directly or indirectly identified. It does not include data where the identity has been removed (i.e., anonymous data).

 

3. WHAT PERSONAL INFORMATION DO WE COLLECT, HOW DO WE USE IT, AND WHAT IS OUR LAWFUL BASIS?

 

We may collect, use, store and transfer different kinds of personal information about you which we have grouped together as follows:

 

• Identity Data includes first name, last name, previous names, job title and company, place of birth, date of birth, passport details and other identification documentation.

 

• Contact Data includes email address, home address, business address, location, telephone numbers, social media handles, emergency contact details, next of kin, and professional and/or social network profile details.

 

• Financial Data includes (i) credit card and/ or billing information so that we can charge you for the Clients Services, and (ii) bank details so that we can pay for the services you provide (if this is part of the contractual arrangements between us).

 

• Technical Data includes internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Website.

 

• Usage Data includes information about how you use our Website.

 

• Marketing and Communications Data includes your preferences in receiving marketing or other communications from us.

 

• Physical Data includes your image, voice, photographs of yourself, views of your property and other information contained in your contribution that directly or indirectly identifies you.

 

• Biographical Data includes information on your personal life such as your age, marital status, living arrangements, children, personal relationships, family life, hobbies and interests, personality, opinions, previous appearances on television, civil proceedings to which you may or may have been a party, and travel history.

 

• Equal Opportunities Data includes information on your race/ethnicity, sexual orientation and/or gender identity, and socio-economic situation.

 

• Criminal Convictions Data includes information about criminal convictions proceedings or investigations, court orders, or court proceedings.

 

• Health Data includes information about your health or disability.

We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal information but is not considered personal information in law as this data does not directly or indirectly reveal your identity.

 

What personal information do we collect?

 

If you are an Applicant, we collect Identity Data, Contact Data, Marketing and Communications Data, Physical Data, Biographical Data, Equal Opportunities Data, Criminal Convictions Data and Health Data about you as part of your potential contribution, or application to take part in, a production.

 

If you are a Contributor, we collect Identity Data, Contact Data, Financial Data, Marketing and Communications Data, Physical Data, Equal Opportunities Data, and Health Data about you as part of your contribution.

 

If you are a Client, we collect Identity Data, Contact Data, Financial Data and Marketing and Communications Data about you, or individuals at your organisation, in the course of providing the Services to you.

 

If you are a Supplier, we collect Identity Data, Contact Data and Financial Data about you, or individuals at your organisation, in the course of receiving services from you.

 

If you are a Website Visitor, we may collect Identity Data and Contact Data about you where you contact us or submit any web forms on our Website. We will also automatically collect Technical Data and Usage Data about you through our and our technology partners’ use of cookies and similar technologies. For more information about this, please see our Cookie Policy.

 

How do we collect personal information about you?

 

We may collect information from the following sources:

 

Directly from you: This is the information you (or an individual at your organisation where you are a Client or a Supplier) give us as part of your application to contribute to, and/or your contribution to, one of our productions; during the course of us providing the Services; when you visit our Website; or where we receive services from you. It also includes any information you provide to us when you attend events, interact with us at a conference or correspond with us in person, by phone, email, web form or otherwise.

 

Third-party sources: This will include information about you or your colleagues (where you are a Client or a Supplier) that is a) available through publicly available sources, such as professional networking sites (including LinkedIn) and general market research, or b) obtained from external providers (for example where we conduct background checks on you as part of your application to take part in a production).

 

Information we collect automatically: When you visit our Website, we collect certain Technical and Usage Data automatically from your device.

 

How do we use your personal information and what is our lawful basis?

 

If you are an Applicant, we use your personal information for the following purposes:

• To assess your suitability to take part in a production and to decide whether to enter into a contract with you. This includes processing of your Identity Data, Contact Data, Biographical Data, Equal Opportunities Data, Physical Data, Criminal Convictions Data, and Health Data.

Lawful basis: This processing is necessary to perform the contract we have entered into with you. Where we process your Health Data and certain Equal Opportunities Data (for example your gender identity) for the purpose of assessing your suitability to take part in a production, we do so on the basis of your explicit consent. Where we process your Criminal Convictions Data, we do so on the basis of your consent.

• To conduct background checks (which may include criminal records checks) to verify any of the information supplied by you. This includes processing of your Identity Data, Contact Data, Biographical Data, and Criminal Convictions Data.

Lawful basis: Where we process your personal information (including Criminal Convictions Data) to conduct background checks for the purpose of assessing your suitability to take part in a production, we do so on the basis of your consent.

• To contact you (or others on your behalf, such as your agent for example) in connection with your potential contribution, or application to take part in, one of our productions. This includes processing your Contact Data, including your address, phone number, or the personal data of an emergency contact or next of kin.

Lawful basis: This processing is necessary to perform the contract we have entered into with you.

• For day-to-day business operations, including marketing and travel on our behalf (where relevant). This includes Identity Data, Contact Data, Biographical Data, and data relating to your application (including Image Data) in a production and may include details of travel arrangements and location.

Lawful basis: We have a legitimate interest in managing and administering our business operations effectively.

• To maintain appropriate business records during and after your application and/or our discussions with you.

Lawful basis: We have a legitimate interest in managing and administering our business operations effectively.

• To contact you in relation to opportunities to apply for or contribute on further productions we may be working on. This includes processing of your Contact Data.

Lawful basis: We have a legitimate interest in contacting you if you have previously expressed an interest in contributing to one of our productions.

• To monitor diversity and equal opportunities. This involves processing your Equal Opportunities Data. Where data is processed for this purpose, it will be aggregated and used for equality of opportunity monitoring purposes. We may also share aggregated and anonymised diversity statistics with regulators if formally required/requested.

Lawful basis: We have a legitimate interest in, and it is necessary for the purposes of, identifying and keeping under review the existence or absence of equality of opportunity or treatment.

• To comply with legal or regulatory requirements.

Lawful basis: To comply with our legal obligations.

• To help us establish, exercise or defend legal claims. 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 in establishing, exercising and defending legal claims.

 

If you are a Contributor, we use your personal information for the following purposes:

• To evaluate and assess your contribution to a production.

Lawful basis: To perform our contract with you.

• To contact you (or others on your behalf, such as your agent for example) in connection with your contribution in one of our productions. This includes processing your Contact Data you have provided to us, including your address, phone number, or the personal data of an emergency contact or next of kin.

Lawful basis: We have a legitimate interest in managing and administering our business effectively.

• To administer and manage our relationship with you, such as corresponding with you, facilitating the payment of any residuals, prize money or other fees (to the extent that these are payable to you in accordance with the terms of our contract). This includes processing your Identity Data, Contact Data, and Financial Data.

Lawful basis: To perform our contract with you.

• To maintain appropriate business records during and after your contribution. This includes processing personal data (including your Identity Data, Contact Data and Image 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.

• For day-to-day business operations, including marketing and travel on our behalf (where relevant). This includes personal data relating to your contribution (including Image Data) in a production and may include a photograph or profile of you as well as details of travel arrangements and location.

Lawful basis: We have a legitimate interest in managing and administering our business effectively.

• For other business purposes, such as financial planning and budgeting. This includes processing of Financial Data connected with your remuneration, or prize money.

Lawful basis: We have a legitimate interest in managing and administering our business effectively.

• To create, sell, and distribute / broadcast a production you are contributing to. This includes processing of personal data connected with your contribution, such as the processing of images, video and/or audio relating to you. Such processing shall include, where necessary, sharing your personal data with third parties for purposes of exploitation of your contribution, including the commissioning party, rights management platforms, and/or distribution agents.

Lawful basis: Where we process your Image Data for the purpose of the creation, sale, and distribution/broadcast of a production you are taking part in, this is 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.

• To make any necessary adjustments to filming arrangements.

Lawful basis: To perform our contract with you and to comply with our legal obligations. Where we process your Health 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).

• To arrange and administer any medical treatment you might need.

Lawful basis: Consent, where we have asked for your consent to process your personal data for this purpose. Where we do not have your consent, we consider it is necessary in order to protect your vital interests or the vital interests of another natural person.

• To contact you in relation to opportunities to contribute on further productions we may be working on. This includes processing of your Contact Data.

Lawful basis: We have a legitimate interest in contacting you if you have previously provided a contribution to one of our productions.

• To obtain and administer insurance.

Lawful basis: We have a legitimate interest in managing and administering our business effectively.

• To monitor diversity and equal opportunities. This includes processing of your Equal Opportunities Data. Where data is processed for this purpose, it will be aggregated and used for equality of opportunity monitoring purposes. We may also share aggregated and anonymised diversity statistics with regulators if formally required/requested.

Lawful basis: We have a legitimate interest in, and it is necessary for the purposes of, identifying and keeping under review the existence or absence of equality of opportunity or treatment.

• For the purposes of physical and system security. This may involve the processing of CCTV footage and records of swipe cards or similar entry cards.

Lawful basis: To comply with our legal obligations and where necessary for our legitimate interests to protect physical and system security.

• To comply with legal or regulatory requirements.

Lawful basis: To comply with our legal obligations.

• To help us establish, exercise or defend legal claims. 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 in establishing, exercising and defending legal claims.

 

If you are a Client, we use your personal information for the following purposes:

• To provide Services to your organisation.

Lawful basis: To perform our contract with you.

• To administer and manage our business relationship with you, such as setting up your account, sending invoices, and responding to business-related communications.

Lawful basis: We have a legitimate interest in managing and administering our business effectively.

• To send transactional messages, provide customer service and support.

Lawful basis: We have a legitimate interest in communicating with clients and providing customer service and support.

• For other business purposes, such as research and analysis, business development and planning, determining the effectiveness of our Services and to improve such services.

Lawful basis: We have a legitimate interest in managing and administering our business effectively.

• To send you information which we think you may find interesting (such as details about our products and services, market research, reports and other relevant content), in accordance with your marketing preferences.

Lawful basis: We have a legitimate interest in effectively marketing our products and services to business clients.

• To comply with legal or regulatory requirements.

Lawful basis: To comply with our legal obligations.

• To help us establish, exercise or defend legal claims.

Lawful basis: To comply with our legal obligations and where necessary for our legitimate interests in establishing, exercising and defending legal claims.

 

If you are a Supplier, we use your personal information for the following purposes:

• To store (and update where necessary) your contact details on our database, so that we can contact you in relation to our agreements.

Lawful basis: We have a legitimate interest in managing and administering our business effectively.

• To administer and manage our business relationship with you and to obtain services from you.

Lawful basis: We have a legitimate interest in managing and administering our business effectively.

• To comply with legal or regulatory requirements.

Lawful basis: To comply with our legal obligations.

• To help us establish, exercise or defend legal claims.

Lawful basis: To comply with our legal obligations and where necessary for our legitimate interests in establishing, exercising and defending legal claims.

 

If you are a Website Visitor, we use your personal information for the following purposes:

• To respond to your enquiries, such as a request for information about our Services.

Lawful basis: We have a legitimate interest in responding to enquiries submitted to us.

• To send you information which we think you may find interesting (such as details about our products and services, market research, reports and other relevant content), in accordance with your marketing preferences.

Lawful basis: We process this information on the basis of your consent.

• To administer and protect our Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).

Lawful basis: We have a legitimate interest in administering, and ensuring the security of, our Website.

• To deliver relevant website content to you and to measure and understand the effectiveness of the content we serve to you.

Lawful basis: We have a legitimate interest in delivering relevant and appropriate content to Website visitors.

• To use data analytics to improve our Website, content, marketing and user experience.

Lawful basis: We have a legitimate interest in understanding how users interact with our Website to improve our content, marketing and user experience.

 

What happens if you fail to provide information?

 

If you do not provide us with certain requested personal information or object to the processing of your personal information, we will not be able to consider you for contributions to our productions (if you are an Applicant or a Contributor), and this may limit our ability to provide the Services (if you are a Client). You can still visit our Website and learn more about 72 Films without giving us your personal information, but we will need your contact details to administer and respond to any enquiries you submit via the Website or otherwise.

 

4. WHO DO WE SHARE YOUR PERSONAL INFORMATION WITH?

 

We may share and disclose your personal information with the following categories of third parties for the purposes described in this Privacy Policy:

 

Service providers. We use a number of Suppliers who perform functions on our behalf and/or help us in providing the Services, such as cloud-based software and hosting suppliers, email service providers, CRM software suppliers and web analytics providers.

 

Our service providers are required to keep your personal information confidential and are not allowed to use it for any other purpose than to carry out the services they are performing for us.

 

Clients and other third parties. We may disclose personal information to our Clients and other third parties (including for example broadcasters, rights management platforms, distribution agents, investors, travel and medical providers) as necessary for the casting, development, production and/or broadcast, distribution and promotion of productions in which you may be involved or you may have applied to take part in.

 

Professional advisors. We may disclose personal information to our professional advisers, such as lawyers, auditors, accountants, and insurers, if necessary, as part of the professional services they are performing.

 

Business transfers. We may share personal information with third parties to whom we choose to sell, transfer or merge part of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, the new owners may use your personal information in the same way as set out in this Privacy Policy.

 

Compliance with laws. We may be required to share some personal information as required to comply with the law.

 

We will only share your personal information with third parties outside of 72 Films where disclosure is consistent with a lawful basis for processing on which we rely and where this is legal and fair to you.

 

5. OUR USE OF COOKIES AND SIMILAR TECHNOLOGIES

 

We may use cookies and other information gathering technologies to learn more about how you interact with our Website. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our Website may become inaccessible or not function properly. Please see our Cookie Policy for more information about the cookies we use.

 

6. THIRD PARTY LINKS AND SERVICES

 

This Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

 

7. HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION FOR?

 

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for purposes of satisfying any legal, accounting, or reporting requirements.

 

In general, where you have been involved with one of our productions, we will keep your personal information for as long as the production is being broadcast, distributed or otherwise exploited. Where you have been involved in the casting of a production, unless you tell us otherwise, we may retain your information to consider you for future productions. We will keep your personal information until such time as we no longer have a legitimate interest in retaining it. Some information, (including without limitation, production footage of a contribution to a programme you may have been involved with) will be held indefinitely as we have an ongoing legitimate interest in retaining this.

 

To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information, and whether we can achieve those purposes through other means, and the applicable legal requirements.

 

8. SECURITY AND DATA TRANSFERS

 

We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

 

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

 

International data transfers.

 

Where personal information is shared and disclosed as set out above, these parties may be established outside the United Kingdom. For example, some of our Clients are based in the United States, and the creation, sale, and distribution / broadcast of a production you are contributing to could involve a transfer of your personal information to the United States. Whenever we transfer your personal information outside the United Kingdom, we ensure that a similar degree of protection is afforded to it by ensuring appropriate safeguards are implemented. This may include, where appropriate, relying on an adequacy decision or signing up to Standard Contractual Clauses. To find out more information regarding the specific mechanism used by us when transferring your personal information outside the United Kingdom, please contact us at info@72films.com.

 

9. MARKETING

 

You may receive marketing communications from us if you have requested information or purchased / subscribed to our Services and, in each case, you have not opted out of receiving that marketing.

 

You can ask us to stop sending you marketing messages at any time by following the opt-out links in any marketing message sent to you or by contacting us at info@72films.com.

 

Please note that opting out of marketing communications does not opt you out of receiving important business communications.

 

10. YOUR RIGHTS

 

Subject to any exemptions provided by law, you may have the right to:

 

• Request access to your personal information (commonly known as a “data subject access request”) and to certain other supplementary information that this Privacy Policy is already designed to address.
• Request correction of the personal information we hold about you. This enables you to have any incomplete or inaccurate information the data controller holds 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).
• Receive the personal information concerning you which you have provided to us in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations;
• Object to processing of your personal information at any time for direct marketing purposes.
• Object to decisions being taken by automated means which produce legal effects concerning you or significantly affect you;
• Object in certain other situations to our continued processing of your personal information;
• 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.
• Withdraw your consent to our processing of your personal information, where we have collected and processed it with your consent.

 

If you would like to exercise any of these rights, please email us at info@72films.com and let us have enough information to identify you. We may need to request specific information from you to help us confirm your identity. This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

 

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 is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

 

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

 

Please note that if your request is about your contribution to a production, we (or relevant third parties) may rely on the Special Purposes exemption to data protection rules in relation to journalistic freedom, the right to artistic expression or, more generally, the right to freedom of expression as set out below.

 

Special Purposes

 

We are required under applicable data protection legislation (in particular the UK General Data Protection Regulation (“GDPR”) and the Data Protection Act 2018 (“DPA”)) to use your personal data as set out in this Privacy and Data Policy Notice and in accordance with your rights under applicable data protection laws (as set out above).

 

However, Article 85 of the GDPR and Schedule 2 Part 5 of the DPA contains an exemption which allows us and relevant third-party partners (such as the commissioning party for a production you have contributed to) not to apply aspects of this policy and your rights where they are incompatible with the artistic purposes of the production and there is a public interest in its broadcast. This exemption is known as the “Special Purposes” exemption. As such, you should be aware that aspects of this policy and your rights under data protection law may not apply where they are incompatible with the Special Purposes exemption.

 

How to Complain

 

We hope that we can resolve any query or concern that you raise about our use of your personal information.

 

You also have the right to make a complaint to your supervisory authority. In the UK, this is the Information Commissioner’s Office (www.ico.org.uk).

 

11. HOW TO CONTACT US?

 

If you have any questions about this Privacy Policy or want to exercise your rights set out in this Privacy Policy, please contact us by sending an email to info@72films.com.

 

12. CHANGES TO THIS PRIVACY POLICY

This version was last updated on 26^th November 2021. To ensure that you are always aware of how we use your personal information we will update this Privacy Policy from time to time to reflect any changes to our use of your personal information and as required to comply with changes in applicable law or regulatory requirements. However, we encourage you to review this Privacy Policy periodically to be informed of how we use your personal information.

 

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.