Pacific7 Productions Filming and Talent Data Protection Policy
Pacific7 Productions Ltd. is committed to fair data protection practices, including when processing information.
This Data Protection Policy is for individuals who are applying and/or being considered for any of our productions or who otherwise feature in our footage or submit footage to us. This Data Protection Policy describes the way that we will use your information.
Please read this Data Protection Policy and any additional disclosures carefully to understand our policies and practices regarding your information and how we will treat it. This Data Protection Policy does not apply when you interact with us as a consumer.
If you have any further questions, or if you aren’t sure about anything, please feel free to get in touch with us and we will be happy to help.
INFORMATION WE COLLECT ABOUT YOU
When applying for one of our productions, we will collect and process:
(i) Information you provide us as part of your application or as part of any other communication or form you may provide to us;
(ii) where applicable, additional Information from third parties or public sources (e.g. casting agencies/talent managers, health/benefit providers, insurance companies, co-production companies, online news stories, social media profiles through which we may contact you and/or any references you provide us with) and/or
(iii) inferred Information (e.g. assessment of your application, notes taken during the interview/casting process etc.).
This Information may include for example, contact details (e.g., your name, address, email address and/or phone number) or casting information (e.g., gender, personal performance (including an image or video of you)) and details about your experience (e.g., portfolio or showreel etc.).
In certain circumstances, in particular if you are applying for one of our productions, this information may also include your interests, audition materials and casting notes as well as special categories of data such as information about your sex life/sexual orientation, medical information, genetic/biometric data and criminal history data. Where we do not ask you to provide special categories of data as part of our application process, please refrain from providing such information (e.g., in your portfolio or showreel, etc.).
We will tell you where information collection is required by us – this will include information that is necessary for us to perform any contract with you, or as otherwise indicated as mandatory on an application form. You should be aware that a failure to provide information in these circumstances may be a breach of your agreement with us. Where information is optionally provided, for example details of an emergency contact, there may be some adverse consequences if you refuse to provide this (for example, we would be unable to contact your next-of-kin if you suffered a medical event).
When your application is successful, we collect additional information about you as reasonably required by us, for example financial details, tax/identity information and your inclusion in our footage. If you do not apply, but otherwise feature in one of our productions (for example, if you feature in the background of one of our films or participate in user-generated content submitted by another individual) then we will only process information that appears in our footage, or that you otherwise supply to us on any relevant release form or in any communication you send to us.
If you are under the age of consent in the relevant jurisdiction, your parent or guardian will be required to submit your information on your behalf and agree to our collection of your information as set out in this Data Protection Policy.
If you are providing the information of someone else to us, they must agree to this, and be aware of this Data Protection Policy.
HOW WE USE THE INFORMATION
We use information for the purposes described in this Data Protection Policy and as further disclosed to you. In particular, we process information:
Where necessary to establish and perform our contract with you and to maintain, manage or terminate our contractual relationship, including rights management, making payments, contacting you or your agent about your engagement where we have entered into a Contributor Agreement or other contractual arrangement with you.
Where necessary to comply with a legal obligation, such as:
- carrying out necessary occupational health and safety and/or medical assessments; and
- administration of accounts and providing any information to tax and social security authorities as required by law.
Where necessary for our legitimate interests, as listed below, and where our interests are not overridden by your data protection/privacy rights, including to:
- commission, develop, produce, publish, distribute and promote our productions, including arranging finance, incentives, or subsidies for any of our productions;
- make a decision as to whether you are the right person for the position you have applied for or to take part in the production, or whether to accept and make use of content that features you;
- contact you about your application, and/or casting process and/or your involvement in the production as well as to respond to any of your communications, complaints or requests;
- investigate and resolve any concerns or other matters that may arise from your involvement with us and/or our productions;
- consider you for any other productions intended to be produced by us or our affiliate companies; and
- protect our legitimate business interests and legal rights. This includes but is not limited to, use in connection with legal claims, compliance, regulatory, auditing, investigative and disciplinary purposes (including disclosure of such information in connection with any legal process or litigation or where requested by law enforcement or other relevant third parties).
Where necessary to prevent or detect unlawful acts, such as when carrying out background checks (e.g., checking your references and/or criminal record): such background checks will be carried out only to the extent permitted by and in accordance with applicable law and at different stages of the application process depending on the type of application you’ve made (e.g. it may apply only to the successful or shortlisted applicants);
When required under applicable law, we will ask for your consent, unless there is another legal basis under applicable law for processing your information (e.g., a legitimate interest or a legal requirement), for example:
as part of your involvement in the Production and given the nature of the Production, you may choose (or in some circumstances be asked) to disclose special categories of data all of which may be of direct relevance to the nature of the production, and could therefore be included in the final content.
Where necessary to protect the vital interests relating to you or another person (for example, avoiding serious risk of harm to you or others).
Where otherwise permitted or required under applicable law.
We will only process the special categories of data you share on the following grounds:
- with your explicit consent, unless we are otherwise legally permitted to use your information for another reason below;
- on the basis that you have chosen to make the personal data manifestly public, from the filming stage until after broadcast of the production (e.g. filming test interviews, filming your contribution or the publication of footage as part of the broadcast of the production) – unless specifically stated to the contrary, any information you reveal during the development, production and/or filming of a production could be broadcast;
- for the purposes of freedom of expression and information, journalism, and artistic expression where relevant for the production; or
- where necessary and permitted by law, to assess your suitability for a production and/or analyse and monitor the diversity of our applicants. We will only process dpecial categories of personal data for these purposes without your consent to the extent this is permitted by applicable law.
INFORMATION SHARING AND DISCLOSURE
We may share your information with other companies, organisations and/or individuals with whom we work and/or who provide services to us. As a result of this, and where applicable, we may share your information with: (i) our service providers; (ii) the organisation that operates our website; (iii) casting agency, the production team, co-producers, the relevant broadcasters, distributors, licensees and/or exhibitors, investors, insurers, distributors, unions and/or industry representatives, background check providers, IT system suppliers and/or travel and medical service providers of productions; and/or (iv) where we have to, in order to comply with laws, as required by a court; and/or (v) in the event of an actual or potential merger, acquisition, or business transaction.
CHANGE OF CONTROL
In the event we go through a business transition such as a merger, acquisition, bankruptcy, reorganisation, or sale of all or a portion of our assets, or a diligence process in connection with a potential business transaction, the information we collect and maintain may be disclosed, sold, or transferred as part of that transaction. If such transfer is subject to additional restrictions under applicable laws, we will comply with such restrictions.
INFORMATION RETENTION
We will only retain your information for as long as is necessary to achieve the purposes for which your information was collected as described in this Data Protection Policy or further disclosed to you as part of the application process.
This means that the retention periods will vary according to the type of information and the reason for which we need to process it (e.g. recruitment, Marketing Communication, establishment, exercise or defence of legal claims, applicable legal or regulatory obligations etc.). Please be aware that if you are a successful applicant or if you are otherwise featured in final footage, your information will be kept for a longer period (i.e. your information will be kept for at least as long as the production is being broadcast, distributed and/or exploited).
CHANGES TO THIS DATA PROTECTION POLICY
We may need to make changes to this Data Protection Policy from time to time and if the changes are important, we will let you know about it. We encourage you to come back and review this policy every now and again so that you don’t miss out on any updates.
YOUR RIGHTS
Subject to applicable laws (such as those in the EU) and to the extent legal requirements are met, you may have the right to access, correct and update your information and/or special categories of data and, in certain circumstances, request that it be erased, restricted and/or ported to another controller by emailing info@pacific7.com. You may be able to withdraw your consent where we rely upon this to process your data or to object to the processing of your information in some circumstances (in particular, where we don’t have to process the data to meet a contractual or other legal requirement).
All of these rights may be limited under the GDPR or national law, for example, if you change your mind about participating, we may not be able to delete or restrict recordings that have already been made. To safeguard our confidential information and its intellectual property rights, access to personal data contained in footage may only be made available at our premises.
If you would like to exercise any of the rights listed above, please submit a request by emailing info@pacific7.com.
Please, be aware that the rights set out above, are not always applicable and, under certain circumstances, we may not action your request. However, we will notify you of such decision.
HOW TO CONTACT US
If you have any queries, concerns or would like to raise a complaint about the way that we use your information or any questions about this Data Protection Policy, please submit a request by emailing info@pacific7.com and we will do all we can to help, including responding to your query, concern or complaint within the period required under local law. If you are not happy with how we have responded to you, you have (where applicable) the right to complain to the local data protection authority where you live, work or where you believe a breach may have occurred.
Last updated 20/06/23