Freeform Privacy Policy

1. Important information and who we are

Purpose of this Notice

Contact details

This Notice aims to give you information on how Freeform collects and

Our full details are:

processes your personal data, whether you have provided it to us directly

or whether we’ve obtained it from other people and organisations.

Full name of legal entity: Freeform Productions Limited (we’re a company

registered in England and Wales with registered number 03392216)

We may provide you with more specific privacy information where we

collect information from you for certain specific purposes. If we do so, you

Contact our Data Privacy Manager at:

should still refer to this Notice so that you are fully aware of how and why

we are using your data and how we may use it in future. This Notice adds

Email address: linda.glendinning@aplaceinthesun.com

to other information we may give you, and is not intended to replace it.

Postal address:

Controller

Freeform Productions Limited,

Freeform is the data controller and responsible for your personal data

West Clayton Business Centre,

(when we refer to “Freeform”, “we”, “us” or “our” in this Notice, that’s who

Berry Lane,

we’re talking about).

Chorleywood,

Herts

We have appointed a data privacy manager who is in charge of answering

WD3 5EX

questions in relation to this Notice. If you have any questions about it or

if you want to use any of your legal rights, please contact the data privacy

Telephone number: 01923 287 305

manager using the details set out below.

You have the right to make a complaint about our use of your personal

data at any time to the Information Commissioner’s Office (“ICO”).

The ICO is the UK’s supervisory authority for data protection issues

(www.ico.org.uk).

If you do have a problem, question or concern about our use of your

personal data, we would really appreciate the chance to try to help you

before you approach the ICO, so please feel free to contact us in the first

instance using the data privacy manager’s contact details above. You can

Data Privacy Manager, that will make it much easier for us to help you.

Changes to the Notice and your duty to inform us of changes

This Notice was last updated on 3 May 2018.

The data protection law in the UK will change on 25 May 2018 when

GDPR comes into force. Although this Notice sets out most of your rights

under the new laws, we may not yet be able to respond to some of your

requests until then as we are still working towards getting our systems

ready for some of these changes.

It is important that the personal data we hold about you is accurate and

current. Please keep us informed if your personal data changes during

your relationship with us.

Freeform Privacy Policy

2. The data we collect about you

“Personal data” means any information about an individual, held by a

o Information about your relationship with a contributor who

data controller, from which the controller can identify a specific, living

applies or is invited to contribute to one of our programmes

person. It does not include data about a living person that the controller

with you. This may include ordinary personal data relating to your

can’t identify.

hobbies and interests and the names and ages of any children, and

special categories of personal data, including details of your

Some personal data falls into “Special Categories” under the GDPR and

personal relationship with them, but also any unsolicited data in

are given greater protection. These include any personal data revealing

that category which you choose to include in an application form.

your race or ethnicity, religious or philosophical beliefs, sex life, sexual

orientation, political opinions, trade union membership, and information

o Information about your plans to purchase a property, including

about your health, as well as genetic and biometric data. Information

your motivations for purchasing, your preferred location, type of

about criminal convictions and offences is also treated differently from

property, specific requirements for a property, your own search

ordinary personal data under the GDPR.

efforts to date and why you would like to appear on one of

our programmes.

We may collect, use, store and transfer different kinds of personal data

about you. The personal data we collect will depend on the relationship

o Financial Data including your budget, method of finance for the

you have with Freeform.

purchase and source of funds, information about any existing

property ownership (including the status of any sale, equity release

If you are:

or applications for finance).

•

An employee of Freeform, someone working with us under a contract

o Information about your availability for filming, including dates

for services, or someone who applies for employment or work with

when you may not be available, any advance notice you may

us, we will provide you with specific privacy information and ask for

need, past appearances on television or other media, as well as

your consent to use your personal data. We will also collect the

special category data relating to any health condition which could

following information on you:

affect decisions about filming (including information that our

insurers may require us to collect).

o Identity Data including first name, last name, title, job title, role or

similar identifier, and gender, as well as proof of identity and your

•

Related to or in a relationship with a contributor, we may collect your

right to work in the UK.

information from the contributor, including

o Contact Data which may include your address, email address

o Identity Data includes your full name, title, date of birth, gender,

and telephone numbers.

age and occupation.

o Financial Data to provide pay, benefits and conduct other financial

o Contact Data including home address, email address and

transactions with you.

telephone numbers.

•

A business contact, including persons who supply us with goods

o Information about your relationship with a contributor who

(including hiring things to us) or services and any contacts at a

applies or is invited to contribute to one of our programmes

company or other organisation which does so, and customers

with you.

(including contacts at companies or other organisations) to whom

we supply our products and services, we may collect the following

If you fail to provide personal data

types of data on you:

Where we need to collect personal data by law, or under the terms of

a contract we have with you and you fail to provide that data when

o Identity Data includes first name, last name, title, job title, role

requested:

or similar identifier, and gender.

•

We may not be able to agree, enter in to or perform a contract we have

o Contact Data includes your work address, email address and

or are trying to enter into with you or a person or organisation

telephone numbers.

associated with you.

o Financial Data if we supply or purchase goods and services to

•

If you are a contributor or prospective contributor, failure to provide

or from you as an individual (including some sole traders and

data may result in us being unable to accept or use your contribution

partnerships), we may record and retain details of

to our programmes.

those transactions.

•

If you are an employee, contractor or applicant for a position with us,

•

Someone who applies to, or is selected to be a contributor to one of

we may not be able to consider your application, provide you with

our programmes, we may collect the following types of data on you:

pay or benefits, or administer a contract for services or contract of

employment with you.

o Identity Data includes your full name, title, date of birth, gender,

age and occupation.

o Contact Data including home address, email address and

telephone numbers.

Freeform Privacy Policy

3. How is your personal data collected?

4. How we use your personal data

We use different methods to collect data from and about you including

We will only use your personal data when the law allows us to. Most

through:

commonly, we will use your personal data in the following circumstances:

•

Direct interactions. You may give us your information by filling in

•

Where we need to perform or negotiate a contract we are about to

forms, on the telephone, or by corresponding with us by post, fax,

enter into or have entered into with you.

email or otherwise. This includes personal data you provide when you:

•

Where it is necessary for our legitimate interests (or those of a third

•

apply to or are invited to contribute to our programmes;

party) and your interests and fundamental rights do not override those

interests. If you are a child (this is likely to be where a parent or sibling

•

ask us to send information to you;

is appearing or has asked to appear on one of our programmes), we

will take this into account when comparing your interests and rights to

•

provide us (yourself or on behalf of an organisation) with goods

our own.

or services or obtain products and services from us; or

•

Where we need to comply with a legal or regulatory obligation.

•

give us feedback or contact us about our work.

•

Where you consent to our use of personal data, typically in relation to

•

Third parties or publicly available sources. We may receive personal

employment or a contract for services with us, where you have applied

data about you from various third parties and public sources as set

to be or been invited to be a contributor to one of our programmes, or

out below:

where we have your consent to contact you with information about

our products and services.

•

Contact, financial and transaction data from your employer or any

person or entity for whom you provide services or do work.

Where we have asked you to consent to our use of your data for other

purposes, you can also withdraw that consent at any time. Please be

•

Contact, financial and transaction data from providers of technical,

aware that data protection law may still allow us to use some or all of

payment and delivery services where we supply goods or services to,

your personal data, even special categories of personal data, if we have a

or purchase them from you or your organisation (including where you

have another lawful basis for doing so and have told you (in this Notice or

are a member of a partnership).

elsewhere) that we intend to do so.

•

Identity and contact data from publicly availably sources such as

Purposes for which we will use your personal data

Companies House.

We have set out below, in a table format, a description of all the ways we

•

Contributors to our programmes (or prospective contributors)

plan to use your personal data, and which of the legal bases we rely on

may provide us with your data while preparing for or making

to do so. We have also identified what our legitimate interests are where

the programme.

appropriate.

•

If you are an employee, candidate, contractor or third-party supplier

Note that we may process your personal data for more than one lawful

and we are permitted or required to do so by any law or regulation,

ground depending on the specific purpose for which we are using your

we may require you to obtain and provide us with information from

data. Please contact us if you need details about the specific legal ground

the Disclosure and Barring Service.

we are relying on to process your personal data where more than one

ground has been set out in the table on the next page.

Freeform Privacy Policy

4. How we use your personal data (continued)

Purpose/Activity

Type of data

Lawful basis for processing including

basis of legitimate interest

To register you (or your employer or a person or

(a) Identity data

(a) Performance of a contract with you

entity to whom you provide services) as a new

(b) Contact data

(b) Necessary for our legitimate interests

customer or supplier

To fulfil our contractual obligations to you or

(a) Identity data

(a) Performance of a contract with you

your organisation or to enforce your or your

(b) Contact data

(b) Necessary for our legitimate interests (to recover

organisation’s obligations to us, including to

debts due to us)

(a) Manage payments, fees and charges

(d) Transaction data

(b) Collect and recover money owed to us

To manage our relationship with you which will

(a) Identity data

(a) Performance of a contract with you

include:

(b) Contact data

(b) Necessary to comply with a legal obligation

(a) Notifying you about changes to our terms or

our records updated and to study how our products/

(b) Contacting you about products or services we

services are used and received)

obtain from or provide to you or your employer

contribution to one of our programmes

To administer and protect our business

(a) Identity

(a) Necessary for our legitimate interests (for

(b) Contact

running our business, provision of services, to

prevent fraud and in the context of a business

reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To participate (and give you an opportunity to

(a) Name

(a) Necessary for our legitimate interests and

participate) in industry-wide diversity monitoring

(b) Email

those of the broadcasters who may broadcast our

programmes, including the “Diamond” programme,

programmes to monitor and increase diversity in

which are intended to provide broadcasters with

our industry and in the media generally.

information about who is on television and who is

making television.

To administer a contract for services or contract

(a) Identity data

(a) Performance of a contract with you

of employment between us - we will provide you

(b) Contact data

(b) Necessary for our legitimate interests (to

with further information about this when we collect

administer the economic relationship between us)

information from you and during the course of our

relationship)

(related to your work or workplace or our obligations

under the law in relation to these)

To interact with contributors to our programmes

(a) Identity data

(a) Consent

and people who apply to contribute to them

(b) Contact data

(b) Necessary for our legitimate interests (to

administer the relationship between us and to make

contributor’s application form or which the

and distribute our programmes)

contributor provides to us in the course of making

or preparing to make a programme

(d) To protect your vital interests or those of

another person

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider

that we need to use it for another reason and that reason is compatible with the original purpose. If you wish

to get an explanation as to how the processing for the new purpose is compatible with the original purpose,

please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal

basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with

the above rules, where this is required or permitted by law.

Freeform Privacy Policy

5. Disclosures of your personal data

6. International transfers

We may have to share your personal data with the parties set out below

Some of our programmes involve locations outside of the European

for the purposes set out in the table in paragraph 4 above.

Economic Area (“EEA”), or locations where, for geographical, economic

or logistical reasons, support may be required from places which are

•

External Third Parties as set out in the Glossary.

themselves outside of the EEA. In these circumstances, processing of

your personal data will may involve a transfer of data outside the EEA.

•

Specific third parties listed in the table in paragraph 4 (previous page).

Whenever we transfer your personal data out of the EEA, in normal

•

Third parties to whom we may choose to sell, transfer, or merge parts

circumstances, we ensure a similar degree of protection is afforded to it

of our business or our assets. Alternatively, we may seek to acquire

by ensuring at least one of the following safeguards is implemented:

other businesses or merge with them. If a change happens to our

business, then the new owners may use your personal data in the

•

We will only transfer your personal data to countries that have been

same way as set out in this Notice.

deemed to provide an adequate level of protection for personal data

by the European Commission. Currently, this means Andorra,

•

Broadcasters and other entities involved in the production,

Argentina, Canada (where your data goes to commercial

transmission, distribution and resale of our programmes.

organisations), the Faroe Islands, Guernsey, Israel, the Isle of Man,

Jersey, New Zealand, Switzerland, Uruguay and the USA (but only

We require all third parties to respect the security of your personal data

where the recipient adheres to the Privacy Shield framework)

and to treat it in accordance with the law. We do not allow our third-party

For further details, you should look up the information provided by

service providers to use your personal data for their own purposes and

the European Commission on their website regarding

only permit them to process your personal data for specified purposes

adequacy decisions.

and in accordance with our instructions.

•

Where we use certain service providers, we may use specific

contracts approved by the European Commission which give personal

data the same protection it has in Europe. For further details, you

should look up the information provided by the European Commission

on model contracts for the transfer of personal data to third countries.

•

Where we use providers based in the US, we may transfer data to

them if they are part of the “Privacy Shield” programme, which

requires them to provide similar protection to personal data shared

between the Europe and the US. Further information on Privacy Shield

is available from the European Commission.

In certain circumstances, the requirements of programme-making may

prevent us from being able to ensure a similar level of protection when on

location overseas. In these situations, we will ask you for your consent to

transfer your personal data for processing overseas.

Freeform Privacy Policy

7. Data security

8. Data retention

How long will you use my personal data for?

We have put in place appropriate security measures to prevent your

personal data from being accidentally lost, used or accessed in an

unauthorised way, altered or disclosed. In addition, we limit access to

We will only retain your personal data for as long as necessary to fulfil the

your personal data to those employees, agents, contractors and other

purposes we collected it for, including for the purposes of satisfying any

third parties who have a business need to know. They will only process

legal, accounting, or reporting requirements.

your personal data on our instructions and they are subject to a duty of

confidentiality.

To determine the appropriate retention period for personal data, we

consider the amount, nature, and sensitivity of the personal data, the

We have put in place procedures to deal with any suspected personal

potential risk of harm from unauthorised use or disclosure of your

data breach and will notify you and any applicable regulator of a breach

personal data, the purposes for which we process your personal data and

where we are legally required to do so.

whether we can achieve those purposes through other means, and the

applicable legal requirements.

By law we have to keep basic information about our contractors, suppliers

and customers (which may include your contact, identity, financial and

transaction data) for six years after our relationship with them ceases for

tax purposes.

Where you apply to appear on one of our programmes, we may keep your

application form and other information about you for up to 10 years so

that we can consider you for current and future programmes.

In some circumstances you can ask us to delete your data: see [Request

erasure] below for further information.

Freeform Privacy Policy

9. Your legal rights

You have rights under data protection law in relation to your personal

data. Further information on these rights is set out in the Glossary, below:

•

Request access to your personal data.

•

Request correction of your personal data.

•

Request erasure of your personal data.

•

Object to processing of your personal data.

•

Request restriction of processing your personal data.

•

Request transfer of your personal data.

•

Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact our

data privacy manager.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise

any of the other rights). However, we may charge a reasonable fee if your

request is clearly unfounded, repetitive or excessive. Alternatively, we

may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm

your identity and ensure your right to access your personal data (or to

exercise any of your other rights). This is a security measure to ensure

that personal data is not disclosed to any person who has no right to

receive it. We may also contact you to ask you for further information in

relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month.

Occasionally it may take us longer than a month if your request is

particularly complex or you have made a number of requests. In this case,

we will notify you and keep you updated.

Freeform Privacy Policy

10. Glossary

LAWFUL BASIS

YOUR LEGAL RIGHTS

There are a number of different lawful bases for processing your personal

You have the right to:

data which we may use:

Request access to your personal data (commonly known as a “data

Legitimate Interest means the interest of our business in conducting

subject access request”). This enables you to receive a copy of the

and managing our business to enable us to make the best programmes

personal data we hold about you and to check that we are lawfully

and to provide the best products and services we can. We make sure

processing it.

we consider and balance any potential impact on you (both positive and

negative) and your rights before we process your personal data for our

Request correction of the personal data that we hold about you. This

legitimate interests. We do not use your personal data for activities where

enables you to have any incomplete or inaccurate data we hold about

our interests are overridden by the impact on you (unless we have your

you corrected, though we may need to verify the accuracy of the new

consent or are otherwise required or permitted to by law). You can obtain

data you provide to us.

further information about how we assess our legitimate interests against

any potential impact on you in respect of specific activities by contacting us

Request erasure of your personal data. This enables you to ask us to

delete or remove personal data where there is no good reason for us

Performance of Contract means processing your data where it is

continuing to process it. You also have the right to ask us to delete or

necessary for the performance of a contract to which you are a party, or

remove your personal data where you have successfully exercised your

to take steps at your request before entering into such a contract.

right to object to processing (see below), where we may have processed

your information unlawfully or where we are required to erase your

Comply with a legal or regulatory obligation means processing your

personal data to comply with local law. Note, however, that we may not

personal data where it is necessary for compliance with a legal or

always be able to comply with your request of erasure for specific legal

regulatory obligation that we are subject to.

reasons which will be notified to you, if applicable, at the time of your

request.

Protecting your vital interests applies where we would otherwise require

your consent to use data but you are physically or legally incapable of

Object to processing of your personal data where we are relying on

giving consent, and processing is to protect your interests - for example,

a legitimate interest (or those of a third party) and there is something

to facilitate urgent medical treatment.

about your particular situation which makes you want to object to

processing on this ground as you feel it impacts on your fundamental

THIRD PARTIES

rights and freedoms. In some cases, we may demonstrate that we

have compelling legitimate grounds to process your information which

External Third Parties

override your rights and freedoms.

•

Service providers acting as processors based inside and outside the

Request restriction of processing of your personal data. This enables

EEA who provide technical, financial, logistical or other support for our

you to ask us to suspend the processing of your personal data in the

work, including services relating to pre-production, filming on location

following scenarios: (a) if you want us to establish the data’s accuracy;

and post-production aspects of our programme making.

(b) where our use of the data is unlawful but you do not want us to

erase it; (c) where you need us to hold the data even if we no longer

•

Professional advisers acting as processors or joint controllers

require it as you need it to establish, exercise or defend legal claims;

including lawyers, bankers, auditors and insurers based in the EEA

or (d) you have objected to our use of your data but we need to verify

and outside of it who provide consultancy, banking, legal, insurance

whether we have overriding legitimate grounds to use it.

and accounting services.

Request the transfer of your personal data to you or to a third party.

•

HM Revenue & Customs, regulators and other authorities based in the

We will provide to you, or a third party you have chosen, your personal

United Kingdom who require reporting of processing activities in

data in a structured, commonly used, machine-readable format. Note

certain circumstances.

that this right only applies to automated information which you initially

provided consent for us to use or where we used the information to

•

Governments and public authorities in other countries where we carry

perform a contract with you.

out filming who require information on our crew and contributors.

Withdraw consent at any time where we are relying on consent to

•

Broadcasters and any other parties involved in the financing,

process your personal data. However, this will not affect the lawfulness

production, distribution, transmission, sale, resale or syndication

of any processing carried out before you withdraw your consent. If you

of our programmes.

withdraw your consent, we may not be able to provide certain products

or services to you. We will advise you if this is the case at the time you

withdraw your consent.

END