Contributor Policy

indiepics Contributors and Third Party Contributors Privacy Notice

Indiepics is the trading name of Independent Pictures Limited. We are a television and video production company, and communications agency based in Dublin, Ireland that makes a broad range of factual, specialist and factual entertainment programmes for Irish and European broadcasters, as well as communications and marketing campaigns for Irish and European clients, which can be distributed worldwide.

This document explains how we process the personal data of applicants, participants or contributors (including anyone nominated by another to participate) who we are considering, or have decided, to include in a programme which we intend to produce, and of anyone filmed for our programmes.

1. Scope & Definitions

Indiepics is required by law  to inform you of how we “process” any personal data we may collect about you when engaging you to take part in one of our programmes. “Processing” simply means doing anything with the data – collecting it, storing it, disclosing it or deleting it.

This document sets out what we do with your data and the steps we take to ensure we keep that data safe.

Personal data (information about you from which you can be identified) may include your name, address, telephone number, your image captured on video etc,  it can also include your intentions and opinions.

Data “processed automatically” includes information held on, or used on, a computer, laptop, mobile phone or similar device. It covers data derived from equipment such as access passes within a building, data on use of vehicles and sound and image data such as CCTV. It also covers video, audio and images captured as part of a production.

Personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, health, sexual orientation, sex life, trade union membership and genetic and biometric data are subject to special protection and considered by EU data protection law to be “special category data”.

References in this Contributor Privacy Notice to “work” or “services” (and similar expressions) include any arrangement we may have under which an individual provides us services in relation to a production. We use the word “you” to refer to anyone within the scope of this notice.

References to “programmes” or “productions” includes the development of the programme, the programme itself, the series and/or video you have applied for, or have been approached to appear in; and any re-edited, re-voiced, re-formatted, updated or compilation, or any other versions thereof, or further series or spin-off’s and/or other content.

2. Personal Data – what we hold and why we process it

We process data for the purposes of our business including for development and production of programmes, broadcasting, distribution and marketing of those programmes.

More specific information on the reasons we process your personal data and examples of the data and the grounds on which we process data, are in the table below.

The Legal Grounds for Processing Personal Data Table in section 4 provides more specific information on these purposes, on the type of data that may be processed and on the grounds on which we process data. Although there is no specific period for which we will keep your personal data, we will not keep it for longer than is necessary for our purposes.

Where we need to ask you about sensitive information, e.g. your health information, you do not need to provide this information to us.  However, if you do not, you may be unable to take part in the programme.

Purpose

Potential Engagement and Actual Engagement

Evaluating your potential role in a production to enable its creation, broadcast, sale and distribution.

To Create a Contract with you, and, if appropriate, to pay you

Contacting you or others on your behalf

Enabling the creation, sale and distribution / broadcast of a production you are taking part in (including online content, publicity and promotional materials)

Providing details in connection with your seeking to participate on other production

Monitoring of diversity and equal opportunities

Disputes and legal proceedings

Day to day business operations including marketing and where you travel on our behalf

Maintaining appropriate business records during and after your participation in a programme

Examples of personal data that may be processed

Information concerning your application to take part in our productions and our assessment of it, your references, any checks we may make to verify your identify and information you have provided, or any other background checks. Including any information submitted by an agent on your behalf.

This may include information we obtain from others, including publicly available and accessible directories and sources, social media platforms, tax authorities and governmental and regulatory authorities.

If relevant, depending on the nature of the programme, we may also process information that is special category/sensitive data, for example health information, political opinions, sexual orientation, religious beliefs and where relevant, criminal conviction and offences history as provided by you.

If relevant we may also process information concerning your health and any disability you have in connection with any adjustments that need to be made to filming arrangements.

Information connected with your potential role including, if you are in consideration for an on-screen or voiceover role, the processing of images/video/audio of you.

Information that is included in the contract and if appropriate your payment details

Your address and phone number, emergency contact information and information on your next of kin.

Information connected with your participation including the processing of images/video/audio of you.

Information on your potentially or actually taking part in one of our other productions.

Information on your nationality, racial and ethnic origin, gender, sexual orientation, religion, disability and age as part of diversity monitoring initiatives. Such data will be aggregated and used for equality of opportunity monitoring purposes. We are required to share aggregated and anonymised diversity statistics with regulators and commissioners.

Any information relevant or potentially relevant to a dispute or legal proceeding affecting us.

Information relating to your participation in a programme. This may include a picture or profile of you. Information regarding your travel arrangements and location.

Information relating to your participation in one of our productions.

Grounds for processing

Legal obligation, Legitimate interests

Legal obligation, Legitimate interests

To Perform the Contract

Legitimate interests

Legal obligation, Legitimate interests

Consent, Legitimate interests

Legitimate interests

Legitimate interests, Legal obligation

Legitimate interests

Legal obligation, Legitimate interests

Please note that owing to the fact that you may be appearing in one of our programmes, on some occasions we or third parties will rely upon exemptions to data protection rules in relation to journalistic freedom, the right to artistic expression or more generally, the right to freedom of expression (as mentioned in article 85 of the General Data Protection Regulation and in s.43 of The Data Protection Act 2018 on the exemption for ‘journalistic, academic, artistic or literary purposes’.

3. Processing Special Category Data 

If we process sensitive personal data about you (which includes medical information, political opinions, sexual orientation), as well as ensuring that one of the grounds for processing mentioned above applies, we will make sure that one or more of the grounds for processing sensitive personal/special category data applies. In outline, these include:

  • Where you have given explicit consent to the processing of your personal data;
  • Processing relating to data about you that you have made public (e.g. if you tell us you are ill);
  • Processing being necessary for the purpose of establishing, making or defending legal claims;
  • Processing being necessary for provision of health care or treatment, medical diagnosis, and assessment of your working capacity;
  • Processing for equality and diversity purposes to the extent permitted by law.

4. Legal grounds for processing Personal Data

Under data protection law, there are various grounds on which we can rely when processing your personal data. In some contexts more than one ground applies. We have summarised these grounds as Legal obligation, Legitimate Interests, To Perform the Contract, and Consent and outline what these terms mean in the following table.

Term

Legal obligation

Legitimate Interests

To Perform the Contract

Consent

Ground for processing

Processing is necessary to comply with our legal obligations

Processing is necessary for our or a third party’s legitimate interests

Processing is necessary for the performance of a contract with the data subject or to take steps to enter into a contract

You have given specific consent to processing your data

Explanation

Ensuring that we perform our legal and regulatory obligations. For example, avoiding unlawful discrimination, ensuring a safe working environment.

We or a third party have legitimate interests in carrying on, managing and administering our respective businesses effectively and properly, and in connection with those interests we process your data.

Your data will not be processed on this basis if our or a third party’s interests are overridden by your own interests, rights and freedoms.

To prepare and fulfill the contract between us we process your data

In general, processing of your data in connection with the services you provide is not conditional on your consent, although there may be exceptions to this.

5. Where the data comes from and who gets to see it

Some of the personal data that we process about you comes from you. For example, your name, age and email address, mobile number. Other personal data about you is generated in the course of you taking part in the production. We may also require references and information from third parties and carry out background checks.

If you are under 18 years of age we will need your parent/guardian’s permission before you provide us with any personal information.

Internal use: Your personal data may be seen internally by relevant people working on the production which would include admin personnel and professional advisors engage by us for the conduct of our business .

Data will be stored in a range of different places, including on your application record, in management systems and on other IT systems (including email). 

External use: We may also pass your data outside the organisation, for example for distribution and marketing purposes and also to relevant bodies such as the Commissioning broadcaster. We may disclose your data if it is necessary for our legitimate interests as an organisation, or for the legitimate interests of a third party (but we will not do this if these interests are over-ridden by your interests and rights in particular to privacy). Any Companies or Organisations and/or individuals with whom we share your Data will be required to comply with current Data Protection laws.

Specific circumstances in which your personal data may be disclosed include:

  • If you have an on-screen role, disclosure of footage, images, or audio recordings of you as part of the broadcasting, distribution and marketing of the production. Or, whether you have an on-screen or off-screen role, to allow us to credit your role on the programme and share your data on our website.
  • When complying with our obligations under any applicable laws.
  • Disclosure to Co-Producers, professional services providers such as Legal, Finance, Medical, Health and Safety, Distributors, Agents, Commissioning Broadcasters, Funders, Investors, Insurers, IT system suppliers, Travel Service Providers.
  • Disclosure of aggregated and anonymised diversity data to relevant regulators as part of a formal request

Your Data will not be subject to any automated decision making processes. 

6. How do we protect your Data?

The company takes the security of your data seriously. We have internal policies and controls in place to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except by our staff and relevant third parties in the proper performance of their duties.

7. How long do we keep Personal Data

We do not keep your personal data for any specific period but will not keep it for longer than is necessary for our purposes.

Data of successful Contributors who have appeared on a show may be kept indefinitely for as long as the programme is being broadcast, distributed and/or exploited and for as long as we need a record of your participation, as we have an ongoing legitimate business interest in retaining the data.

If you are not chosen to take part in the programme we will retain your personal data for as short a period of time as is reasonable after our discussions have ended unless there is an ongoing legitimate interest in retaining your data for an extended period.

All production folders and all electronic copies will be stored securely for seven years. After this time, we will conduct a data audit and securely dispose of any data we no longer need to retain.

8. Transfers of Personal Data outside the European Economic Area (EEA)

We may transfer your personal data outside the EEA to perform our business. If you feature in one of our television programmes, information about you in the programme may be transferred out of the EEA for programme broadcast, distribution and marketing purposes.

If we do this, we will ensure that adequate safeguards are in place to ensure the safety and security of your personal information and that it is processed in accordance with this Privacy Notice.

9. Your data rights

You have a right to make a subject access request to receive a copy of the data that we process about you. If you exercise this right and we hold personal data about you, we are required to provide you with information, within a month, including:

  • Giving you a description and copy of the personal data we hold on you
  • Telling you why we are processing it.

If you make a subject access request and there is any question about who you are, we may require you to provide information so that we can satisfy ourselves as to your identity.

As well as your subject access rights, you may have a legal right to have your personal data rectified or erased, to object to its processing or to have its processing restricted.

If we have relied on consent as a ground for processing, you may withdraw consent at any time – though if you do so that will not affect the lawfulness of what we have done with your data before you withdraw consent. In certain cases, we may continue to process your information after you have withdrawn consent if we have a legal basis to do so or if your withdrawal of consent was limited to certain processing activities.

10. Complaints 

If you have complaints relating to our processing of your personal data, you should raise these with your key contact at the production in the first instance or if the production has ended to: Conor Moloney – conor@indiepics.ie

If you are not happy with the response we give you, you can lodge a complaint with the

Data Protection Commission, 21 Fitzwilliam Square South, Dublin 2, D02 RD28, E-mail info@dataprotection.ie

11. Status of this Notice

This notice does not form part of your contract and does not create contractual rights or obligations. This Policy may be amended by us at any time, to ensure our ongoing compliance with The General Data Protection Regulation and the Data Protection Act 2018.

Last Updated May 2022