1.1 Brontë Film and Television Limited (“Brontë”) is committed to protecting the privacy and security of your personal information.
1.2 This Privacy Notice describes how Brontë and its subsidiaries collect and use personal information about you during and after your working relationship with us, in accordance with the UK General Data Protection Regulation and the Data Protection Act 2018.
1.3 The Brontë group of companies consists of Brontë and various subsidiaries, each established to produce one of our programmes (further details of which subsidiaries can be provided on request). This privacy notice is issued on behalf of the Brontë group, and so when “we”, “us” or “our” is stated in this privacy notice, that refers to the relevant company in the Brontë group responsible for processing your data. We will let you know which Brontë group entity will be the controller for your personal data when you enter into a contract with us.
1.4 We are a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.
1.5 This notice applies to individuals contracted to work on our productions and individuals who have been contracted to do so previously. This notice does not form part of any contract of employment or other contract to provide services. We will keep this notice under review and may update it at any time.
1.6 It is important that you read and retain this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information and what your rights are under the data protection legislation.
2. Data protection principles
We will comply with data protection legislation. This says that the personal information we hold about you must be:
1. Used lawfully, fairly and in a transparent way.
2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
3. Relevant to the purposes we have told you about and limited only to those purposes.
4. Accurate and kept up to date.
5. Kept only as long as necessary for the purposes we have told you about.
6. Kept securely.
3. The kind of information we hold about you
3.1 Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (i.e. anonymous data).
3.2 We may collect, store, use and otherwise process the following categories of personal information about you:
· Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.
· Date of birth.
· Marital status and dependants.
· Next of kin and emergency contact information.
· National Insurance number.
· Bank account details, payroll records and tax status information.
· Salary, annual leave, pension and benefits information.
· Start date and, if different, the date of your continuous employment.
· Leaving date, your reason for leaving, exit interview notes and any correspondence in relation to exit.
· Location of employment or workplace.
· Copy of driving licence and./or passport.
· Recruitment information (including copies of right to work documentation, visas (if applicable), references and other information included in a CV or cover letter or as part of the application process).
· Employment records (including job titles, reporting manager, work history, working hours, annual leave, training records, employment contract (including any changes thereto) and professional memberships).
· Compensation history, including bonus entitlement.
· Performance information.
· Employee grievances and noted conversations
· Disciplinary and grievance information.
· CCTV footage and other information obtained through electronic means such as swipe card records.
· Information about your use of our information and communications systems.
· Results of HMRC employment status check, details of your interest in and connection with the intermediary through which your services are supplied.
We may also collect, store, use and otherwise process the following “special categories” of more sensitive personal information which require a higher level of protection:
· Trade union membership.
· Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions.
· Information about your health, including any medical condition, health and sickness records, including:
o results of any medical checks or testing (including, without limitation, any testing required in relation to a pandemic or other public health emergency);
o any signed health declarations;
o details of any absences (other than holidays) from work including time on statutory parental leave and sick leave; and
o where you leave employment and the reason for leaving is related to your health, information about that condition needed for pensions and permanent health insurance purposes.
· Information about criminal convictions and offences.
4. How is your personal information collected
4.1 We collect personal information about you through the application and recruitment process, either directly from candidates or sometimes from an employment agency or background check provider. We may sometimes collect additional information from third parties including former employers, credit reference agencies or other background check agencies.
4.2 We will collect additional personal information in the course of job-related activities throughout the period of you working for us. This may include asking you to provide additional health information or to submit to medical testing from time to time during your period of engagement.
5. How we will use information about you
We will only use your personal information when the law allows us to do so. Most commonly, we will process your personal information in the following circumstances:
1. Where we need to perform the contract we have entered into with you.
2. Where we need to comply with a legal obligation.
3. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
4. Where you have provided us with your consent to the processing.
We may also use your personal information in the following situations, which are likely to be rare:
1. Where we need to protect your interests (or someone else’s interests).
2. Where it is needed in the public interest or for official purposes.
5.1 Situations in which we will use your personal information
We need all the categories of information in the list above (see paragraph 3.2) primarily to allow us to perform our contract with you and to enable us to comply with legal obligations. In some cases, we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information, the purpose or purposes for which we are processing or will process your personal information, as well as the categories of data involved are listed below:
We will only use your personal information 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 we need to use your personal information 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 information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
6. How we use particularly sensitive data
”Special categories” of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We may process special categories of personal information in the following circumstances:
1. In limited circumstances, with your explicit written consent.
2. Where we need to carry out our legal obligations or exercise rights in connection with employment.
3. Where it is needed in the public interest, such as for equal opportunities monitoring.
Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.
6.1 Situations in which we will use your more sensitive personal information
In general, we will not process such more sensitive personal information about you unless we have your explicit consent to do so or it is necessary for performing or exercising obligations or rights in connection with employment. On rare occasions, there may be other reasons for processing, such as it is in the public interest to do so. We will process your more sensitive personal information in the following ways:
· We will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits including statutory maternity pay, statutory sick pay, pensions and permanent health insurance.
· We will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.
· We will use trade union membership information to pay trade union premiums, to register the status of a protected employee and to comply with employment law obligations.
We may also use more sensitive information about you for certain other purposes with your explicit consent to do so.
6.2 Do we need your consent?
We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.
7. Information about criminal convictions
We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with data protection legislation. We do not envisage that we will usually process such personal data.
8. Automated decision making
Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision-making in the following circumstances:
1. Where we have notified you of the decision and given you 21 days to request a reconsideration.
2. Where it is necessary to perform the contract with you and appropriate measures are in place to safeguard your rights.
3. In limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights.
If we make an automated decision on the basis of any particularly sensitive personal information, we must have either your explicit written consent or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard your rights.
You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you.
We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.
9. Data sharing
We may have to share your data with third parties, including third-party service providers and other entities in the Brontë group.
We require third parties to respect the security of your data and to treat it in accordance with the law.
We may transfer your personal information outside the UK.
If we do, you can expect a similar degree of protection in respect of your personal information.
9.1 Why might you share my personal information with third parties?
We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.
9.2 Which third-party service providers process my personal information?
“Third parties” includes third-party service providers (including contractors and designated agents) and other entities within our group. The following activities are carried out by third-party service providers: general administration, payroll, pension administration, benefits provision and administration and IT services.
We will share personal data regarding your participation in a pension arrangement with the managers of the arrangement in connection with the administration of the arrangements.
9.3 How secure is my information with third-party service providers and other entities in our Group?
All our third-party service providers and other entities in the Group are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
9.4 When might you share my personal information with other entities in the Group?
We will share your personal information with other entities in our Group as required to enable the production of our programmes, as part of our regular reporting activities on company performance, in the context of a business reorganisation or Group restructuring exercise, for system maintenance support and hosting of data.
9.5 What about other third parties?
We may share your personal information with other third parties, for example with the broadcasters, distributors and financiers of our programmes, and/or with agents involved in the production of our programmes.
We may also share your personal data in the context of the possible sale or restructuring of the business. In this situation we will, so far as possible, share anonymised data with the other parties before the transaction completes. Once the transaction is completed, we will share your personal data with the other parties if and to the extent required under the terms of the transaction.
We may also need to share your personal information with a regulator or to otherwise comply with the law. This may include making returns to HMRC and disclosures to shareholders such as directors’ remuneration reporting requirements.
9.6 Transferring information outside the UK
This paragraph tells you about the safeguards that keep your personal information safe and private, if it is sent outside the UK.
If we do transfer your personal information outside the UK, we will make sure that it is protected to the same extent as in the UK. We will use one of these safeguards:
· Transfer it to a country outside the UK with privacy laws that give the same protection as the UK.
· Put in place a contract with the recipient that means they must protect it to the same standards as the UK.
You can learn more on the Information Commissioner’s Office website.
If you require further information about these protective measures, you can request it from us using the contact details below.
10. Data security
We have in place measures to protect the security of your information. Details of these measures are available upon request.
Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
11. Data retention
11.1 How long will you use my information for?
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer an employee, worker or contractor of the company we will retain and securely destroy your personal information in accordance with any applicable laws.
12. Rights of access, correction, erasure, and restriction
12.1 Your duty to inform us of changes
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information (such as your home address and your bank details) changes during your working relationship with us.
12.2 Your rights in connection with personal information
By law you have the right to:
Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
Object to processing of your personal information only where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground.
Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
Request the transfer of your personal information to another party.
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact us using the contact details below.
12.3 No fee usually required
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
12.4 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 the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
13. Right to withdraw consent
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact us using the contact details below. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
14. Changes to this privacy notice
We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.
If you have any questions about this Group Privacy Notice, please contact us by email at email@example.com
Last updated: February 2023