Mutual Shoots Data Protection Policy
This policy explains what data 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 data security is crucial to us and we will look after it in line with the laws and regulations relating to the protection of personal data, this of course will include the General Data Protection Regulation (GDPR)(EU) 2016/679).
This policy concerns the personal information of people who are commissioners, collaborators, participants or contributors, both those being discussed to be in a film, animation or photography shoot as well as those who have decided (or been chosen) to be in a film or animation which we intend to produce, further should any of our productions contain an audience then they will also be included.
Who are Mutual Shoots Ltd?
Any reference to “we“, “us” and “our” is to Mutual Shoots Limited (company no. 09734390). We are known as the “data controller” of your personal data and you can contact us at firstname.lastname@example.org or write to us at GDPR Lead Officer, 219 Beatrice Road, Leicester, LE3 9FN. We can give you additional information on your data and how it is processed and what your rights are as a data subject.
What personal information do we process about you?
The data we process may include your name, gender, date of birth, address, email address, phone number, bank account information and details about your previous roles. We collect information about you from a number of sources, including from you directly. The list below gives more information.
(1) Information that you give us
From the forms and any documentation that you (or an agent on your behalf) complete when you apply for a role or part in, or contribute to a film, animation or photography shoot when you provide it to us in correspondence and conversations (e.g. application telephone interviews, pre-filming questionnaires and release forms). When you apply, participate or contribute to a film, animation, photography shoot or attend a live recording, information which is relevant to your application or contribution. The information will be dependent on the nature of the film or animation, but where relevant this could also include special category data such as medical information, political opinions, sexual orientation and where relevant your criminal history. The nature of the programme and the information which we will be asking you for will be explained to you in advance.
(2) Information we obtain from others –
(a) Publicly available and accessible directories, sources and social media platforms.
(b) Tax authorities, including those that are based outside the UK.
(d) Governmental and competent regulatory authorities to whom we have regulatory obligations.
(e) Agents and production companies.
(f) Fraud prevention and detection agencies and organisations.
Why do we process your personal information?
We require personal information about you when you apply to take part in a film, animation or photography shoot or are confirmed as a participant or contributor to a film, animation or photography shoot which we are producing.
We need to process this information to consider your application or to make the film, animation or photography shoot once you have been selected.
We have set out below some more specific information about why we process your personal data.
(1) Our contracts with you –
We consider it necessary to process your personal data to perform our contracts with you in the following circumstances.
(a) to meet the contractual obligations between us.
(b) as part of any contract which you have entered into with us for your application, contribution and/or participation in a film, animation or photography shoot.
(c) if you are due any payment, to provide your information to our payments team in order for this to be paid.
Contracts are retained for a minimum of six (6) years from the date of signature, or for the period during which we have rights to the film, animation or photography shoot, whichever is the longest.
(2) 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.
(c) if we are legally obliged to disclose your personal data.
(3) Our legitimate interests –
We consider that we have a legitimate interest in producing films, animations or photography for commercial exploitation, as such, ‘on-screen’ and ‘off-screen’ contributions from individuals are crucial to this production activity and require the processing of personal information about these individuals. We consider that it is in our legitimate interests (or those of a third party) to process your personal information, namely
(a) to produce film, animation or photography for commercial purposes, such as processing ‘on-screen’ and ‘off-screen’ contributions from individuals. When we refer to a “film, animation or photography” in this policy we mean not just the finished product but all rushes, clips and unused material.
(b) to assess your continuing involvement for the film, animation or photography that you are contributing to (if your application to participate in a film, animation or photography shoot is unsuccessful, your information will be deleted within twelve (12) months of the film, animation or photography shoot going into production unless you have agreed you may be contacted about future programmes).
(c) to deal with any questions or complaints arising in relation to your participation in the film, animation or photography shoot.
(d) to deal with any agents acting on your behalf.
(e) to retain the film, animation or photography and your personal data in it in our archive, for the purposing of continually screening the film, animation or photography or otherwise using it for commercial purposes.
(f) to commercially make full use of either the entire film, animation or photography or excerpts from it in the UK and around the world, for the period in which we have rights in the production. We also keep an archive copy of the film, animation or photography after our rights have expired, as a record of the film, animation or photography we have either made and/or broadcast.
(g) to share with our professional advisors and/or the commissioning entity or commissioning broadcaster that we are producing the film, animation or photography for and/or any co-producer that we are producing the programme with.
(i) to verify your age, identity and other information as we may require for the production and exploitation of the film, animation or photography we are producing.
(j) in the event that we sell or buy any business or assets, in which case we may disclose your information to the prospective seller or buyer of such business or assets, along with its professional advisers. In such circumstances the acquirer of the information will become the new data controller.
(k) to comply with applicable regulatory obligations.
(l) to pass on to a competent regulator, prosecutor or competent 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.
(m) to comply with our accounting and tax reporting requirements.
(n) to comply with our audit requirements.
(o) to protect our business against fraud, breach of confidence, theft of proprietary materials, and other financial or business crimes (to the extent that this is not required of us by law).
(p) to monitor communications to/from us using our systems.
(q) to protect the security and integrity of our IT systems.
(r) to arrange for you to attend the live recording of our films.
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.
(4) Monitoring as described at (p) above: We monitor communications where the law requires us to do so. We will also monitor where we are required to do so to comply with our regulatory rules and practices and, where we are permitted to do so, to protect our business and the security of our systems.
(5) Future participation: Where you have agreed to this, we process your personal data in connection with your consideration for future production of films, animation or photography and/or other shows produced by us. This information may be kept by us for period of up to 3 years from date of the applicable agreement, unless you ask us to delete it earlier.
What do we do with children’s personal information?
We are committed to protecting the privacy of children aged under 18 years old. If you are aged 17 or under‚ please get your parent/guardian’s permission beforehand whenever you provide us with any personal information. We will take reasonable steps to verify this by contacting your parent or guardian to confirm their consent.
Who else do we share your data with?
Your information will be used by the relevant production team for the purposes of making the film, animation or photography. It may also be shared internally with the legal and finance team to prepare contractual documentation or provide legal advice, and with any other in-house teams involved in commercial exploitation, and the health and safety and insurance teams if their advice is required.
We may pass your information to our third-party service providers such as agents, subcontractors, and other associated organisations for the purposes of facilitating your application, entry or enquiry or nomination for the film, animation or photography shoot 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
(a) 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.
(b) we are asked to by competent regulatory, prosecuting and other governmental agencies, or litigation counterparties, in any country or territory.
(c) for the purposes of prevention of fraud or other crime.
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 film, animation or photography that your information relates to, but we have included some exceptions to that rule above. We will usually delete your personal information at the end of that period.
Do you need my consent to include me in a film or animation?
There may be circumstances in which we can make films or animations 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 film or animation 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 films, animations or photography, we may be entitled to show the film, animation or photography 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:
(a) The right to be informed.
(b) The right of access.
(c) The right to rectification.
(d) The right to erasure.
(e) The right to restrict processing.
(f) The right to data portability.
(g) The right to object.
(h) Rights in relation to automated decision making and profiling.
How We Protect Your Data
The office is locked and alarmed when unattended. All software is regularly updated with the latest security patches. User accounts are assigned to provide limited access to information. Anti-malware and boundary firewalls are in place to prevent malware infections and data breaches. Antivirus software is kept up-to-date and computers are regularly scanned to detect potential threats.
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
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 http://www.ico.org.uk/concerns.