VIS UK Production Privacy

Last ModifiedFebruary 2021 

 

 Scope 

This Policy describes how Viacom International Studios UK (a trading name of Channel 5 Broadcasting Limited), a company incorporated in England and Wales with company number 03147640 and with a registered office at 17-29 Hawley Crescent, London NW1 8TT (“VIS UK”) shall treat Personal Data we collect, both online and offline, in relation to the casting of our, television production  currently entitled “Double Your Home” (the “Production”).  

 This Privacy Policy applies to all cast members, individuals who apply to be cast in the Productionas well as members of the public who consent to being recorded, or individuals who otherwise consent to participate in applicable programming related to the Production (“Production Participants”) 

 Please review this Privacy Policy carefully. By applying for a cast position or otherwise participating in the Production, you acknowledge the data collection practices and purposes outlined in this Policy. If we will use your Personal Data in a manner different from what is described in this Privacy Policy, we will provide notice to you.  

 What Information We Collect About You 

We shall process your personal data in accordance with the General Data Protection Regulation EU 2016/679, the Data Protection Act 2018 and any other UK or EU laws and regulations relating to personal data and privacy as may be in force in the UK from time to time (together, “Data Protection Laws”).  

We collect information from and about you in connection with the Production, including information (i) that you provide to us as part of your application; (ii) that you provide for us during the preparation and recording of the Production; (iii) from public sources where you have made such information public (iv) from third parties or public sources (e.g., recruitment/casting agencies or social media profiles). Some of this information may be considered “Personal Data,” as defined under applicable law.  

Information you provide directly to VIS UK. Examples of the types of Personal Data that we may request from you will include, but may not be limited to, the following: 

  • Contact information, such as name, email address, postal address, phone number, and mobile number; 
  • Photos and videos of you submitted during the casting process; 
  • Photos and videos of your home submitted during the casting process and recordings of the inside and outside of your home including your personal belongings;  
  • User name, password, and password reminder questions and answers;  
  • Age and date of birth (if required or permitted by law); 
  • Other demographic information, such as personal characteristics, gender and job information;  
  • Public information, including profile information, you provide to VIS UK for publication, such as your user name, comments, likes, interests, status, pictures and the address of your website;  
  • Information about your activities and behaviours;  
  • Information about your actions and opinions  
  • Information posted in community discussions and other interactive online features;  
  • Correspondence you send to us; 
  • Information collected about you offline (including via mail, or in person);  
  • Information and data that may be relevant in order to comply with health and safety protocols and regulations 

 Sensitive Information. VIS UK may also collect special categories or sensitive information from you with your consent or under any other lawful basis provided under the applicable law, including the journalistic exemption. Sensitive Personal Data may include Personal Data regarding your racial or ethnic origin; your political opinions, religious or ideological beliefs, or other beliefs of a similar nature; your views or activities; audio-visual recordings of your home and your personal belongingsinformation about your living habits and behaviourwhether you are a member of a trade union or any other ; data regarding your physical or mental health or condition; your  your sexual orientation; and data regarding the commission or alleged commission of any criminal offense. Where we do not ask you to provide sensitive Personal Data, please refrain from providing such information. 

 Information Collected About Others. We may collect contact information about other individuals when you provide information about them or refer a friend to a particular website or service (note: such information is used solely to facilitate the communications requested). When we do this, we will identify you as the person making the referral.  

 Information VIS UK obtains from other sources. Where permitted by applicable law, VIS UK may collect information about you from other sources, including casting agencies, social media or background check providers.  Information collected from third parties may include: 

  • Name, postal address, and telephone number;  
  • Demographic data, such as age, gender, and income level; 
  • Publicly-observed data, such as activities on blogs, web searches, videos, and other online postings; and  

 This Privacy Policy does not cover the practices of third parties, including those that may disclose information to VIS UK, and their use of your information is governed by the privacy policies of such third parties. 

How We Use Your Information & Why 

VIS UK uses your information for the purposes described in this Policy and as further disclosed to you, as and when necessary. We will use your Personal Data in ways that are consistent with our legitimate interest in casting and production activities, including to: 

  • Facilitate auditions, including sharing your Personal Data with certain business entities that VIS UK works with, for example, in connection with the Production, such as producers, broadcasters, casting directors, and consultants; 
  • Contact you about your application, the casting process, and/or your involvement in the Production as well as to respond to any of your requests and generally considering your application or in order to make the Production should you be contributing 
  • Fulfill your requests for products, services, and information, including to send you electronic newsletters, and/or inform you of upcoming audition or casting opportunities; 
  • Provide you with information, special offers and promotional materials on behalf of VIS UK, companies within the ViacomCBS corporate family, and third parties, in accordance with applicable law, subject to your right to withdraw consent provided in the “Your Choices” section of this Privacy Policy; 
  • Verify all information you provide to VIS UK for purposes of compliance rules for the particular Production; 
  • Process sensitive Personal Data to assess your suitability for a Production or monitor the diversity of our applicants, where permitted by applicable law; 
  • Comply with legal investigations and inquiries; 
  • Protect, enforce, and defend our rights; and 
  • For any other purposes disclosed to you at the time VIS UK collects your information, pursuant to your consent or as otherwise authorized by law. 

Personal data protection principles 

VIS UK will adhere to the principles relating to processing of personal data set out in the Data Protection Laws and will be responsible for, and must be able to demonstrate compliance with, the following data protection principles which require Personal Data to be: 

  • processed lawfully, fairly and in a transparent manner; 
  • collected only for specified, explicit and legitimate purposes; 
  • adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed; 
  • accurate and where necessary kept up to date; 
  • not kept in a form which permits identification of data subjects for longer than is necessary for the purposes for which the data is processed; 
  • processed in a manner that ensures its security using appropriate technical and organisational measures to protect against unauthorised or unlawful processing and against accidental loss, destruction or damage; 
  • not transferred to another country without appropriate safeguards being in place; and 
  • made available to data subjects and allow data subjects to exercise certain rights in relation to their Personal Data. 

 Who We Share Your Data With & Why 

 Disclosure of Information Related to the Production 

 VIS UK may share Personal Data with its affiliates that are involved in casting decisions and otherwise connected to the Production (including without limitation broadcasters, financiers, distributors, and insurance brokers) 

 VIS UK also shares your Personal Data with third parties in a limited number of circumstances: 

 In Accordance with Your Production Contract. When you sign a contract or release form with VIS UK in relation to the Production, we will disclose your Personal Data in accordance with the terms of that contract, including when Production content is aired or distributed publicly. You agree and understand that if you are cast in the Production some of your Personal Data relating specifically to the content and layout of your home, your behaviour and activities, and recordings of your personal belongings will be disclosed publicly through broadcast of the Production on television and other platforms owned or operated by VIS UK or ViacomCBS 

 With Your Consent. With your consent, VIS UK may share your contact information with third party marketing partners. Particularly, with your consent, we will pass your email address to Silvermouse and Soundmouse, who may contact you as part of  ViacomCBS commitment to monitoring diversity as part of the Diamond managed by the Creative Diversity Network on behalf of UK broadcasters BBC, ITV, Channel 4, Sky, 

Channel 5/Viacom. You can find out more about Diamond here. 

 Sensitive Information. VIS UK may disclose sensitive Personal Data contained within or derived from Production data to third parties connected with the Production and to compile information from third parties in connection with the application process about Production Participant’s sensitive Personal DataVIS UK may reveal such Sensitive Personal Data to third parties in the course of the Production application or audition process.  

 Authorised Third Party Service Providers. VIS UK shares your contact information with third party vendors who help VIS UK with specialized services, including Production support, customer support, email and text message deployment, business analytics, marketing, suppression list management and data processing. These third parties are allowed to use your contact information to help VIS UK provide VIS UK’ services and not for any other purpose.  

 Co-Branded Partners. Co-Branded Partners are third parties with whom a VIS UK service may jointly offer a service or feature. You can tell when you are accessing a service or feature offered by a Co- Branded Partner because the Co-Branded Partner’s name will be featured prominently. You may be asked to provide information about yourself to register for a service offered by a Co-Branded Partner. In doing so, you may be providing your information to both VIS UK and the Co-Branded Partner, or VIS UK may share your information with the Co-Branded Partner. Please note that the Co-Branded Partner’s privacy policy may also apply to its use of your information. 

 Business Transfers. VIS UK may share your information in connection with a substantial corporate transaction, such as the sale of a VIS UK service, a merger, consolidation, asset sale, or in the unlikely event of bankruptcy. 

 Legal Requirements. VIS UK may disclose information about Production Participants, including contact information, to respond to subpoenas, court  orders,  legal  process, and other law enforcement  measures,  and to comply with other legal obligations. 

 Your Rights  

 Under the Data Protection Laws, you have the following rights in relation to the processing of your personal data: 

  • The right to object to our processing of your data.  
  • The right to request that your information be erased or restricted from further use. 
  • The right to request a copy of the information we hold about you. 
  • The right to correct, amend or update information you have given us (where you have an account with us you can also do this by logging in and updating your information). 
  • The right to contact or submit a complaint to the EU supervisory authority regarding our privacy practices. 
  • The right to portability which means that you can ask us to receive personal data that you have provided to us in a commonly used format and request that we transmit it to another data controller where feasible, or to you directly. 

 Please note that VIS UK does not engage in any automated decision-making about you. 

 To exercise any of the above rights you may contact us as any time at the email address provided in this Privacy Policy.  Please note that whilst we will carefully assess every request we receive, your rights may differ according to your place of residence and we may not always have a legal obligation to comply. When this happens, we will explain why. 

 International Transfers 

 Data that is collected from the EEA may be transferred to countries outside of the EEA that may not provide levels of protection for your Personal Data equivalent the protection provided by the laws of the European Union, including the United States.  For the purposes of such cross-border data transfers and to protect your information, we have executed Standard Contractual Clauses between the Data Controller and all other Controllers and Processors with whom we may share Personal Data of data subjects located in the EEA. 

 Legal Basis for Processing 

We will only collect, store, or otherwise process Personal Data collected from you in the following situations: 

  • When we have your consent to do so. For example, if you are chosen to be cast in the Production, we will ask you to sign a release form which will grant us access to your Personal Data for the purpose of developing, producing and broadcasting the Production. You can withdraw your consent at any time as described below or directly through the VIS UK services. 
  • When we need to use your Personal Data to perform our responsibilities under our contract with you 
  • When we have a legitimate interest in processing your Personal Data. For example, we have a legitimate interest in producing audio visual programming for commercial exploitation, as such, ‘on-screen’ and ‘off-screen’ contributions from individuals are crucial to this production activity and require the processing of personal information about these individualsAs well as that we have a legitimate interest to deal with questions or complaints arising in relation to our Production, verify Production Participants’ identity and other information as we may require for the production and exploitation of the programs and content we produce. We only process data on this legal basis where we have considered that, on balance, our legitimate interests are not overridden by your interests, fundamental rights or freedoms.  

You have the right to object to our processing of your Personal Data that is based on our legitimate interests. We will then stop processing the data unless we can demonstrate a compelling legitimate ground that overrides your rights (e.g. exercising or defending a legal claim) or an exemption that applies (e.g. the special purposes exemption). 

  • When we are required by law to process the information. 
  • Under certain legal exceptions, such as for journalistic and artistic purposes. Please note that applicable laws allows us to not comply with some aspects of data protection law (including this privacy notice) if we a) reasonably believe that full compliance with data protection law would be incompatible with our journalistic purposes; b) we are using the information with a view to publication of some journalistic material (e.g. a programme we are making); and c) we reasonably believe that publication of the journalistic material would be in the public interest.  This is known as the ‘special purposes exemption’. 

Do you need my consent to include me in a programme? 

 There are circumstances in which we can make programmes about an individual without their consent provided we comply with the relevant laws and regulatory codes, such as the Ofcom Broadcasting Code. We do not generally rely on obtaining your consent to process your personal data to make a programme in which you appear. This is something which we do as part of our legitimate business interests, as explained above. Where you have entered into an agreement with us to participate in our programmes, we may be entitled to show the programme whether or not you later change your mind about participation. 

 Protecting Your Information 

 We use reasonable security measures.  We are committed to protecting your information. We have adopted commercially reasonable technical, administrative, and physical procedures to help protect your information from loss, misuse, unauthorized access, and alteration. Please note that no data transmission or storage can be guaranteed to be 100% secure. We want you to feel confident collaborating with us but we cannot ensure or warrant the security of any information you transmit to us. 

 Data Retention 

 We will only retain your information as long as necessary to achieve the purposes for which your data was collected as described in this Policy or further disclosed to you as part of the application process.  

 Privacy Protections for Children 

 We are committed to protecting the privacy of children aged under 18 years old. If you are aged 17 or under‚ 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. 

 Changes to This Privacy Policy 

 From time to time, we may change this privacy policy to accommodate new technologies, industry practices, regulatory requirements or for other purposes. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. Notice shall be made by email to you at the last email address you provided us. 

 Questions and complaints 

 If you have a question about this Privacy Policy, data practices or the choices available to you, please contact us using the information below. If we are not able to address your concern and you are a resident of the EEA, you have the right to lodge a complaint with the Data Protection Authority where you live, work, or where the issue took place. In the UK, the relevant supervisory authority is the Information Commissioner’s Office (ICO) https://ico.org.uk/make-a-complaint/.  

 Contact us 

 We are happy to answer your questions about our Privacy Policy and data practices. You may also contact us to exercise your rights as discussed in this Privacy Policy. 

VIACOM INTERNATIONAL STUDIOS UK  

Data Protection Officer 

17-29 Hawley Crescent, Camden Town  

London, NW1 8TT 

DataPrivacyRights@viacom.com