This privacy notice concerns the personal data of people who are applicants, participants or contributors (including anyone nominated by another to participate) performers, presenters and audience members who may be featured in programmes or projects which Curve Media Limited (“Company” or “we, us, our”) intends to produce (“Programme”).
We may update this privacy notice from time to time. We will be the data controller in respect of your personal data and you can contact us at info@curvemedia.com for more information about how we process your data, including how to exercise your rights as a data subject.
This policy explains what data we collect and why, how we use it and who we share it with, as well as your rights as a data subject. We are committed to keeping your information secure with appropriate technical and organisational measures to ensure its confidentiality, integrity and availability. Your information is very important to us and we will look after it in accordance with the Data Protection Act 2018 and the EU General Data Protection Regulation.
We collect, use and process personal data relating to you for purposes connected with your contribution to the Programme and any contributor release, participant agreement or other contract that we may in the future enter into with you (“Contract”). This includes managing, administering and complying with the Contract; assessing your suitability for participation in the Programme; filming your contribution to the Programme and elements of it; producing, broadcasting, distributing, publicising and commercialising the Programme; communicating with you about your contribution to the Programme; contacting you about other programming that we are developing/producing, other products we produce and casting and also for complying with legal and regulatory obligations.
If you do not provide us with information necessary for the purposes of the Contract, we may not be able to fulfil our obligations under the Contract and you may not be able to participate in the Programme.
How do we collect your personal data?
We collect information about you from a variety of sources:
- Some information is collected directly from you or your representatives (e.g. agent, professional advisors - if you have them). This may come from application forms, auditions, questionnaires, telephone conversations and other documentation that you provide to us. You may also be asked to provide us with documentation to verify personal information provided by you
- Some information may be obtained from publicly available directories and sources e.g. LexisNexis, LinkedIn, tax authorities.
We may also carry out background checks in order to check personal information about you. This may include checking information that is publicly available online, such as information you have made public via social media channels and platforms and also checks obtained lawfully from third parties engaged by us for verification e.g. data intelligence services and any organisation or body authorised to provide basic criminal history/background checks.
Examples of personal data that we collect
This may include (and the following is not an exhaustive list):
- your name, age, address/contact details (e.g. email, mobile number);
- details/information about your interests, opinions, personality, previous appearances on television, family life, job and general knowledge (to help us decide whether you are a suitable contributor for the Programme and decide whether or not to enter into the Contract with you);
- filmed material/footage of you (this includes a photograph of you);
- disability/disabilities that you may have informed us about e.g. in the application process or otherwise (to meet our legal and regulatory obligations);
- your banking details (so we can pay any sums due to you), details about your tax status, your tax code, your national insurance number and any applicable pension details (this information may only be collected if we are obliged to pay pension contributions)
- a copy of your passport (to fulfil our legal obligation to check you have the right to work in the UK and in connection with any visa, certificate of sponsorship or any other permit we are required to obtain (where applicable);
- details about your ethnicity (for our diversity monitoring and regulatory purposes);
- details/information about your health/medical status (so we are able to obtain and administer insurance, to arrange and deploy any medical treatment you may require, and to assess your suitability to take part and continue to take part in the Programme);
-details/information about any criminal background (so we can meet our legal and regulatory obligations to safeguard the welfare of you, the other participants of the Programme, other contributors and audience members, our own employees and freelancers, so we can assess your suitability to take part in the Programme and to assess the need for and (if required) obtain permits/visas);
- details/information about you that is relevant for inclusion in publicity material;
-details/information you provide as part of the filming and recording of the Programme including personal information relating to your political opinions or religious belief, trade union membership, physical or mental health, sexual orientation, genetic and biometric data (“Special Category Personal Data”) and criminal offence (criminal background) data;
Why do we process your personal information?
We obtain personal information about you when you apply to take part in a programme, project or are confirmed as a participant or contributor to a programme which we are producing, or apply for tickets to a live recording of one of our programmes.
We need to process this information to consider your application, for selection purposes or to make the programme once you have been selected.
What are our legal grounds for collecting and using your personal data
i) Personal data
Our legal grounds for collecting and using your personal information are primarily that it is necessary:
i) for the performance of the Contract (or for us to take steps to decide whether to enter into the Contract with you), and/or
ii) to pursue our legitimate business interests (e.g. to fulfil contractual obligations to you, the commissioning broadcaster or financier of the Programme and others), where those interests are not overridden by your rights and freedoms. Examples include (this is not an exhaustive list):
-to produce audio-visual programming for commercial purposes, such as processing ‘on-screen’ and ‘off-screen’
contributions from individuals, this includes not just the finished Programme but all rushes, clips and unused
material;
-to assess your continuing involvement for the Programme that you are contributing to;
-to deal with any questions or complaints arising in relation to your participation in the Programme;
-to deal with any agents acting on your behalf;
-to retain the Programme and your personal data in it in our archive, for the purposing of repeating the Programme
or otherwise using it for commercial purposes;
-to commercially make full use of either the entire Programme or clips from it in the UK and around the world, for
the period in which we have rights in the Programme. We also keep an archive copy of the Programme after our
rights have expired - as a record of programming we have either made and/or broadcast;
-to comply with applicable regulatory obligations, 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.
iii) to comply with our legal and regulatory obligations e.g. including but not limited to, a) verifying your identity; b) to carry out verification and anti-money laundering checks, prevent and detect fraud and carry out other legally mandated checks; and c) if we are legally obliged to disclose your personal data e.g. by court order.
There may also be situations over the course of the production of the Programme where it is necessary to use your personal data to protect your vital interests or the vital interests of another individual. We may also sometimes rely on your consent, for example where you choose to be contacted by us by email for marketing purposes.
ii) Special Category Data
We will use your Special Category Personal Data or criminal background data where necessary for one of the above grounds and where one of the following criteria applies:
i) we need to fulfil our legal and regulatory obligations and exercise our rights including those (where applicable) as an employer (for example, for the health and safety of our programme contributors, staff and others);
ii) we need to protect your vital interests or the vital interests of another individual, where you are not capable of giving consent;
iii) you have manifestly made the information public (including where you do so when participating in the Programme);
iv) for reasons of substantial public interest based on the law (for example where necessary for our health and safety obligations or for the purposes of Ofcom’s functions or for insurance purposes); or
v) where necessary for you to receive medical treatment from a registered medical professional.
Where we required to use your Special Category Personal Data for editorial research purposes only and where one of the above grounds do not apply, we will obtain your consent to our use of your Special Category Personal Data.
Diversity monitoring
Curve Media Limited is part of an industry-wide diversity monitoring initiative called Project Diamond. The Diamond project uses personal information regarding certain 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, 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, C4, C5, CDN and Sky. If you provide Diamond with your diversity data, they will issue you with a separate privacy notice.
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 under 18, 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.
Sharing your personal information
We may share your personal information with other personnel from the Company on a need to know basis (such as HR, IT Legal and Finance), the Company’s affiliates and group companies (if any), legal and regulatory authorities, insurers, the Company’s professional advisors and other third parties such as any potential purchasers of the Company, co-producers and/or co-production partners of the Programme, Programme financiers/funders and broadcasters and distributors of the Programme. Your personal information will be broadcast to the public to the extent it is included in the Programme. Without limiting the foregoing, where Motion Content Group Limited (“MCG”) are the financier and/or co-producer and/or distributor of a Company Programme, we may share your personal information with MCG on a need to know basis and MCG will be a data controller of such personal information (and MCG shall process and use such personal information in accordance with MCG’s privacy policy as updated from time to time and which can be found at www.motioncontentgroup.com/privacy policy)
International transfers
Some of the people we share your personal data with are based outside of the European Economic Area (EEA). When we send your personal information outside of the EEA to a country not recognised as providing appropriate protections, we put in place appropriate contracts or other safeguards to ensure your rights are protected.
Data retention
Personal information collected about you when you apply to, contribute to, present, participate or perform in the Programme will be kept by us for as long as it is required to fulfil the Contract, to enable us to pursue our legitimate business interests or for such longer period as is required by law or regulatory obligations which apply to us.
If you are not selected to participate in the Programme we will usually delete your personal data within a period of eighteen months following the completion of production unless you have consented to being contacted about future series or for marketing purposes.
If you are a presenter or performer and have been engaged by us to provide your services we will usually retain most of your personal data for the duration of your engagement and for a period of up to seven years thereafter but personal information relating to any payments made to you will be retained for up to 10 (ten) years thereafter (unless otherwise required by a legal obligation).
We will keep footage of you, personal information contained within the Contract, personal information required to fulfil any ongoing contractual payment obligations, any records of your participation in the Programme and information contained in any publicity material for as long as necessary for the purposes of the Programme, this may be indefinitely for transmitting and re-airing the Programme (whether in whole or in part).
What are Your rights?
In law you are the data subject and you have a number of rights that you can exercise over your data, which include:
-The right to be informed your personal data is being used (which is what this privacy notice is for);
-The right to access your personal data;
-The right to object to direct marketing;
-The right to object to the use of your personal data;
-The right to withdraw consent to the use of your personal data where consent is being relied on for the processing of your personal data;
-The right to erasure of your personal data (in certain circumstances, although that might not always be possible if
doing so means we cannot perform our contract with you, or we have a legal obligation or legitimate interest to
keep the data);
-The right of data portability;
-The right to have your personal data corrected if it is inaccurate;
-The right to have your personal data restricted or blocked.
Please be aware that these rights are not always absolute and there may be some situations in which you cannot exercise them or they are not relevant. Please also be aware that, as explained below, these rights will not apply to the extent that they are incompatible with the Special Purposes.
To exercise any of these rights please contact us by emailing info@curvemedia.com You can find out more information about your rights on the Information Commissioner’s website: ico.org.uk. You can also complain to the Information Commissioner if you have any concerns about your personal data.
Email Marketing
If you agree or opt in to receive email updates we may use your email address (and other personal information such as your name, age category and general location required to administer your opt in) to:
(i) send you emails with information about the Programme including events, products and casting for the Programme;
(ii) send you emails with information about future programmes or series which we may develop and/or produce; and
(iii) send you emails with information about existing and new services, special offers and products from us (if any).
You can unsubscribe to this email marketing by either emailing info@curvemedia.com or using the unsubscribe option in any of the marketing emails that you receive.
The Special Purposes
The General Data Protection Regulation (“GDPR”) and the Data Protection Act 2018 (“the Act”) require us to use your personal data within the legal framework explained in this Privacy Notice and in accordance with your rights under the GDPR and Act (which are detailed above).
However, the GDPR and the Act contain an exemption which allows us and the broadcaster of the Programme not to apply aspects of this legal framework and your rights if they are not compatible with the artistic purposes of the Programme and there is a public interest in broadcasting the Programme. This exemption is known as the “Special Purposes” exemption. Accordingly, please be aware that aspects of the legal framework explained in this Privacy Notice and your rights under the GDPR and Act may not apply where they are not compatible with the Special Purposes.
