Participant and Crew Privacy Policy
(last update, Mar 3, 2021)
Motion Content Group Limited ("we, us, our") collect and process your personal data for various reasons connected to our activities as a funder, distributor, producer or co-producer content. By "personal data" we mean any information that could be used to identify you or link an action to you in some way.
We want to make sure that you understand what we do with your personal data and why. We also want you to feel confident that we will look after your data, and to know that you can ask us questions at any time (see section 4 below for our contact details).
This policy is relevant to all applicants, participants, contributors, presenters, talent and crew taking part in or otherwise contributing to any of our UK productions. It describes the personal data we collect from you or about you during the production of one of our shows and the ways we use that personal data.
Please read this policy carefully as it will help you to understand how we use your personal data and our reasons for doing so. We think you'll find everything you need to know here but if you would like to ask further questions please contact us using the details in Section 4 below.
1 THE "DATA CONTROLLER"
For the purposes of this policy and in connection with our use of the personal data we process in connection with our UK productions, we are the "data controller" of your personal data (in other words, we are the organisation that determines how your personal data is used).
Our registered company name is Motion Content Group Limited (company number 03080944) with registered address Sea Containers, 18 Upper Ground, London, United Kingdom SE1 9GL.
We are part of GroupM, the world's leading full-service media investment management operation, a WPP company.
2 THE WAY THAT WE USE PERSONAL DATA
A. What personal data do we collect?
"Personal data" is any information that could be used to identify you in some way or link an action to you. The personal data that we collect, store and use from or about you may (depending on the production and our relationship with you) include in the following:
• name;
• age;
• the area you are from;
• contact details (such as your email address, phone number or address);
• where you are applying to take part in one of our productions (either as a contributor or talent):
o information provided as part of any casting tape featuring you or on your application form (this includes your image and whatever information you provide about you on the tape or in the application such as your hobbies and your opinions on certain topics);
o information provided during any live interviews for casting purposes or any screen tests (this includes your image and any information you give about yourself during the interview);
o information on your social media accounts;
• where you are applying to help us create our production, either as part of our crew or as on-screen talent, information provided on any CV or application you make to work for or with us (this includes information relating to your skills, your work experience and your education);
• if you are cast in or otherwise appear or contribute to our production or if you are part of the crew, information about your behaviour on set (as we have a presence on site for the majority of our shows we are likely to be aware of or involved in any on set discussions with you or about you).
Sensitive personal data: It's important that you understand and are aware that the information provided to us could include information which is particularly sensitive, private and/or personal to you. This includes personal data relating to your sexual preferences, your religious beliefs or political opinions, any physical or mental disabilities and some information relating to your health (including your psychological health before, during and after the production). This information will only be processed with your explicit consent or as otherwise permitted by data protection law.
B. How do we collect personal data?
We work with producers, talent, media platforms, broadcasters and distributors to fund, develop, produce and distribute content. As part of these relationships we may play an observational or advisory role in all aspects of the development, production and exploitation of the content you are involved with (including being present on set and included in any key meetings or call sheets).
Any personal data we collect will therefore be collected either directly from you (when you voluntarily provide this information to us) or from our partners in the development and production (or any of their service providers), normally being the lead producer with whom you have a direct relationship with.
C. How do we use personal data?
We use your personal data for a variety of purposes related to the day to day running of a production and the creation of content. From a legal perspective, there are various justifications for doing so and we have set out these purposes and justifications below.
What we use your personal data for Our legal justifications
As part of our involvement with any production as a partner and/or co-producer:
• we will be involved in and remain informed of all parts of the production process including casting and call lists, the appointment of crew, contributors and other talent, filming and any issues which arise during the course of filming or pre or post-production;
• from time to time we will consult with our partners and/or co-producer regarding certain challenges or issues which arise as part of the production process (including pre or post-production) or post-broadcast;
• we will monitor risk to help to ensure that all cast, contributors, presenters and crew remain safe; We use your personal data in this way because it is in our legitimate interests to do so (for example, it is in our interests to ensure that the needs of cast and crew are met) but we will always ensure that your rights are protected.
If we process any particularly sensitive personal data we will only ever do this with your explicit consent or as otherwise permitted under relevant data protection laws.
To recruit the best and most appropriate contributors, cast and crew for productions we are involved with:
• we will keep CVs that we receive and may keep our own informal records of crew members we have worked with on previous productions so that we can approach them for any new productions that we think they may be able to help us with; We use your personal data in this way because it is in our legitimate interests to do so (for example, we have a legitimate interest to draw together the right team where we are involved with the crew recruitment process) but we will always ensure that your rights are protected and you have the right to ask us to stop using your personal data in this way at any time.
For administrative and internal business purposes:
• for our general internal business purposes, such as analysing and managing our businesses (including to help us perform our audits);
It is in our legitimate interests as a business to use your data in this way. For example, we have a clear interest in ensuring that our auditors have everything they need to perform the audit. We will always ensure that your rights are protected.
For security and legal and compliance purposes:
• for taxation purposes such as to comply with tax laws;
• to detect or prevent fraud or other illegal activity;
• as we believe to be necessary or appropriate in each case in order to comply with laws or legal process (including laws or legal process in other countries); and
• to protect our rights or property (or the rights or property of others) and to enforce our rights and pursue available remedies (this includes the use of CCTV on our premises). In some cases, we will need to use your personal data to fulfil a legal obligation (for example, for tax and accounting purposes, or if we receive a legitimate request from law enforcement agencies). In other cases (such as the detection of fraud or ensuring the security of the site) we will rely on our legitimate interests as a business to use your data in this way. We will always ensure that your rights are protected.
Profiling: We do not use personal data for any form of "profiling" or automated processing which makes assumptions about your behaviours or background. If our practices change we will ensure we inform you by updating this privacy policy.
D. How do we share your personal data?
It is important that you know that we will never sell your personal data or give it to anyone else for them to use for their own purposes without making that clear to you first.
However, we do sometimes need to share personal data in the limited circumstances set out below:
With third party service providers:
• We may engage third parties (such as consultants and auditors) to provide services to us for specific functions on a production. This may mean that we need to share personal data so that they can perform their role or provide their services. It is in our legitimate interests to do so since we may not have the capabilities to provide these services ourselves.
• In rare circumstances we may need to share some data (including some personal data) with our insurers. We will only pass information to our insurers which is needed to provide adequate insurance cover and we will always make sure we use insurers we trust to keep all personal data in the strictest confidence and as required by law.
With broadcasters:
• We may need to share limited information (including personal data) with the broadcaster of the production you are involved with. We will only do this where we have a genuine legitimate purpose to share this information and will always ensure your rights are protected whilst doing so.
Within our corporate group:
• We are part of GroupM's corporate group. There may be rare circumstances where we need to share some personal data with other members of the group. In every instance this occurs we will make sure we have good reason to do so whilst respecting your privacy rights.
• If we sell or propose to sell our business or part of it we may need to disclose limited personal data to prospective buyers. If the ownership of our business changes we may need to disclose personal data to the new owners or operators of our business.
To comply with legal obligations:
• There may be scenarios where we are subject to a legal obligation to disclose or share your personal data, such as with law enforcement agencies or public authorities in order to prevent or detect crime.
Transfers of personal data outside of the United Kingdom or the European Economic Area (the "EEA"):
There are rare circumstances where we may need to transfer or process your personal data outside of the EEA or outside of the United Kingdom (for example, we will have emergency procedures and contact details in place for productions filmed in other countries). When this occurs we will make sure that we take steps necessary to protect your data as required by applicable laws, for example by implementing appropriate safeguards including by agreeing appropriate contract terms with the recipient of the data or by relying on recognised certifications.
3 SECURITY AND RETENTION OF PERSONAL DATA
Security:
Maintaining the privacy of contributor and crew information is very important to us which means we take care and pay special attention to our security measures to protect this information from data breaches. We follow industry standards to protect against the unauthorized access to, retention of, and disclosure of information. This includes physical, electronic, and management activities to protect information integrity, access, and use.
Retention:
We will keep your information that we collect about contributors and crew for a reasonable period for the purposes set out above. We follow generally standards to ensure that your personal data disclosed to us is kept secure, accurate and up to date and kept only for so long as is necessary for the purposes for which it is used. For example, we keep the financial information of the crew on a production for a period of 10 years after the production is complete to comply with all applicable legislation, including tax legislation, the Sarbanes-Oxley Act and also WPP accounting policies, however we are likely to keep your contact information for longer so we can contact you as crew for any appropriate new productions we're involved with where we would like to work with you again.
4 YOUR RIGHTS AND HOW TO CONTACT US
You have a number of rights over your personal data by law. For example, you have the right to access, update, change, delete, restrict the use of, or obtain a copy of your Personal Data in an easily readable format. In certain circumstances, you may also request that we transfer your personal data to a third party, and the right to object to certain uses of your personal data.
If you wish to exercise any of these rights or otherwise get in contact with us in relation to our use of personal data please contact us via email at DPO@groupm.com.
You also have the right to complain about our use of your personal data. You can contact the Information Commissioner's Office via their website: https://ico.org.uk/concerns/ or by calling 0303 123 1113.
5 THIRD PARTY WEBSITES
A link from our website to another website does not imply our endorsement of affiliates or websites, and we do not control third party websites to which we link, nor assume responsibility for their content or privacy policies. Once you follow a link to another website, this privacy policy no longer applies. It’s important to always read the privacy notice of any website you are visiting.
6 CHANGES TO THIS PRIVACY POLICY
Any changes we make to our privacy policy in the future will be posted on Motion’s website. We may also email you with any changes if we have your email address. Please check back frequently to see any updates to this policy.