1. What is the purpose of this document?
Monkey Kingdom Limited is committed to protecting the privacy and security of the personal information of its workforce. This privacy notice describes how we collect and use personal information about the cast and crew of our programmes and members of our production team in the context of our working relationship (“workforce personal information”). It also explains your rights under UK data protection law.
This notice applies to cast and crew and members of our production teams who may be current and former fixed-term employees, contractors, consultants and workers (including agency workers), and who do not form part of any contract of employment or contract to provide services.
In this notice we will use the terms “Monkey Kingdom Limited”, “we”, “us” and “our” to refer to the company that employs you or engages you to provide services to it (as the case may be), and other companies in the Monkey Kingdom Limited group of companies.
Monkey Kingdom Limited is the “data controller” of your workforce personal information. This means that it is responsible for how it holds and uses personal information about you.
It is important that you read this notice, together with any other privacy notice that 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. We may update this notice at any time.
We observe the following principles in relation to workforce personal information:
- We use it fairly, lawfully and in a transparent way, in accordance with applicable law.
- We process it for specific legitimate business purposes and do not process it in a manner incompatible with those purposes.
- We collect only personal information that is adequate, relevant and not excessive for the purpose for which it is processed.
- We keep it accurate and (as necessary) up to date, and will rectify or erase inaccurate data without undue delay.
- We keep it only as long as necessary for the purposes we collected it for.
- We take steps to keep it secure.
- We respect the rights given to individuals under data protection law.
- We will only transfer it to countries outside the European Economic Area if we have in place adequate measures to protect our workforce’s data protection rights and the security of their data.
When we use the term “process” in relation to your personal information, we mean any action that can be taken in relation to data, such as collection, access, storage, modification, correction, disclosure and deletion.
3. The kind of information we hold about you
Monkey Kingdom Limited collects, stores and uses various types of personal information about its workforce. This information will have been collected through the casting or engagement process, either directly from you or (where applicable) from an agency or consultancy, production service company, background check provider or from referees. We will collect additional personal information in the course of job-related activities throughout the period of you working for us.
The kind of information we hold may include, where applicable:
- Contact information such as name, home and business addresses, telephone numbers, email addresses and social media handles.
- Casting information such as information that you provide to us when responding to a casting call and in subsequent interviews, and other information that we collect from you or from third parties as part of the casting process;
- Recruitment information such as education history, work history, qualifications, work samples, interview information, references and any other information that we receive as part of the recruitment process;
- Financial information such as salary, remuneration, expenses, bank account details, payroll records, national insurance number and tax status.
- Employment or Engagement administration information (as applicable) such as copies of “right to work” documentation (including passports and visas), driver’s licence (if the role involves driving), background screening results and references.
- Production related information such as photograph, likeness, voice, accent, biography, age, clothes size, measurements, complexion, film and sound recordings made in connection with the film or programme, social media handles and/or other information specific to the programme on which you are engaged.
- Career information such as job titles, organisation hierarchy, work history, start and end dates, work location, your engagement contract, service agreement or any other contract we have signed with you, performance information, details of skills, qualifications, experience and preferences, absence and leave records, professional memberships and termination details.
- Information about your use of company information, communication and collaboration systems (where relevant and permitted by local law) such as user IDs, passwords, IP addresses and audit trails of system access.
- CCTV footage and other information obtained through electronic means such as security pass records.
- Information about business travel and expenses.
We may also collect, store and use the following “special categories” of more sensitive personal information:
- Information about your health, including medical conditions and other information provided in statement of health forms, disability status, health and safety incidents or accidents, medical and psychological assessments, sickness records and health issues requiring adaptations to your working environment or working practices.
- Information about your race, national or ethnic origin, religious, philosophical or moral beliefs, political opinions, sexual life, sexual orientation, gender identity and gender expression.
- Union/Guild membership.
- Criminal conviction information disclosed by you or revealed as a result of DBS checks.
4. What will Monkey Kingdom Limited do with your personal information?
The main purposes for which we use workforce personal information include:
- Casting people for roles in our productions;
- Staff Recruitment including receiving and reviewing job applications, processing applications, interviews, conducting background and reference checks, and contract administration. Typically, we process this information in this manner for our legitimate interests of hiring suitably qualified staff and to administer any future contract that we may have with you;
- Workforce management and administration including training, administration, payroll, processing invoices, managing leave, scheduling, feedback surveys, performance management, investigating and resolving queries, complaints, issues and concerns raised by other personnel, providing references, managing our workforce in light of legal and regulatory requirements and changes, succession planning, planning changes in organisation structure and preparing analyses and reports related to the above.
Typically, we will need to process your personal information in this manner in connection with your contract, or to further our legitimate interests. These interests include supporting and compensating our workforce and managing their performance and any issues raised. We also have legitimate interests in performing business management and planning activities, including accounting, auditing and reporting.
- Film or television production, including developing, producing, insuring, financing, publicising, advertising and exploiting the film or programme, any derivative products thereto and any allied or ancillary rights.
We will process your personal information in this manner to exercise our contractual rights and to further our legitimate interests in ensuring the success of our productions and managing related risks.
- Performance of Monkey Kingdom Limited’s business operations such as providing, managing and supporting our information and communication systems (such as laptops, telephones and our corporate email, intranet, collaboration and storage systems), maintaining unit and cast lists, data administration, crisis management and contacting or assisting personnel in emergency situations, managing and protecting intellectual property, arranging travel, processing travel and expense claims, analysing and reporting on spending for expense management purposes, managing the environmental impacts associated with Monkey Kingdom Limited’s operations, protecting and monitoring the occupational health and safety of our workforce and preparing analyses and reports related to the above.
We process your personal information in this manner on the basis of our legitimate interests in ensuring our company is properly and efficiently administered and operated.
- Legal and regulatory requirements such as our contractual obligations to those who develop, commission and finance our productions, our obligations to our production insurers, our obligations to regulators (including Ofcom), our obligations under anti-bribery and corruption laws, tax and social security obligations, ascertaining workers’ rights to work, visa and immigration status, dealing with litigation and other proceedings and claims, responding to and cooperating with legal or regulatory requests and investigations, participating in due diligence activities for the sale, purchase or reorganisation of a business, investigating and preventing fraud, avoiding conflicts of interest, operating an integrity helpline, conducting internal investigations and audits and ensuring compliance with policies, guidelines and contracts.
We will process your personal information in this manner: to comply with legal and regulatory obligations; where necessary to defend or exercise our legal rights; and where we have legitimate interests in protecting our organisation, in investigating and resolving issues and concerns and in conducting or responding to audits and legal or regulatory requests and investigations.
- Security management such as to ensure production security, network and information security (including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution), monitoring (including through use of CCTV) and controlling access to company premises and locations, monitoring your use of our information, communications and collaboration systems to ensure compliance with our IT policies and to prevent data loss and corporate device management. In most cases, it will be necessary for us to process your personal information in this manner as we have a legitimate interest in protecting our premises, assets, information and personnel from physical and cybersecurity threats.
- Marketing such as using contact data to communicate with our workforce about Monkey Kingdom Limited products and services, where permitted by local law.
Special categories of more sensitive personal information and criminal records information require higher levels of protection. We need to have further justification for processing this type of personal information, for example, where we need to process it to carry out our legal obligations, exercise rights in connection with your employment or engagement, to protect your vital interests if you are unable to provide consent, where you have made the data public yourself, where we need to process it for reasons of substantive public interest, or where we have your explicit and informed consent. Where we have asked for your consent, you have the right to withdraw your consent at any time.
We will use these special categories of personal information in the following ways:
- We will use information relating to leaves of absence, which may include sickness absence or family related leaves, to comply with (and exercise rights under) employment and other laws, and for payroll calculations.
- 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 and/or to appear in our films and/or programmes, to provide appropriate workplace adjustments and to monitor and manage absence. We will process your personal information in this manner to comply with (or exercise rights under) employment and other laws and our contractual obligations, and if necessary to protect your vital interests, or with your explicit consent.
- We will use union/guild membership information to register the status of a contractor and to comply with union/guild and legal obligations.
- We may use information about your race, national or ethnic origin, religious, philosophical or moral beliefs, political opinions, sexual life, sexual orientation, gender identity and gender expression for equal opportunities monitoring and/or for the casting of our films and/or programmes. We will do this if we are allowed to do so for reasons of substantive public interest or with your explicit and informed consent.
For some productions, we may need to perform additional due diligence in order to protect the safety and security of those involved in the productions, for example children. We may therefore collect criminal conviction information about you (for example by asking you to provide us with a Disclosure and Barring Service report detailing any criminal convictions you may have) with your explicit consent.
5. Who is your personal information disclosed to?
(a) Within Monkey Kingdom Limited, the NBCUniversal group and Comcast
Monkey Kingdom Limited restricts access to your personal information to people within Monkey Kingdom Limited, the NBCUniversal group (within which Monkey Kingdom Limited sits) and Comcast (our ultimate parent company) who have a “need to know” that information to carry out the purposes mentioned above in connection with their role. This includes your production contact and personnel within Monkey Kingdom Limited and NBCUniversal group functions such as Distribution, Technology, Legal and Finance.
As a global company doing business across national borders, there are many situations where this “need to know” requires your personal information to be transferred to NBCUniversal or Comcast in the United States or another country, including countries whose laws may provide no or less legal protection for personal information. However, we take the privacy and security of your personal information very seriously and we take steps to protect your personal information in every country where it is held or accessed, including by putting in place appropriate safeguards such as data transfer agreements.
We will share your personal information with third parties outside Monkey Kingdom Limited where it is necessary to administer the working relationship with you, where required by law or where we have another legitimate interest to do so.
- Suppliers: Monkey Kingdom Limited shares workforce personal information with authorised third-party suppliers that have a “need to know” that information, such as tax and other professional advisors, technology service providers, production service providers, insurers of our productions, corporate card issuers, travel management providers, transport providers, administration suppliers, employment businesses (in relation to contractors or agency workers), casting agencies and the provider of our ethics hotline and where such third parties are providing services in connection with the film and/or programme on which you are working and require such information in order to provide their services. It is our practice to require our third-party suppliers to take appropriate security measures to protect your personal information and to allow them to process your personal information only for specified purposes and in accordance with our instructions.
- Commissioning broadcasters: Workforce personal information is included in the “Programme as Completed” information that Monkey Kingdom Limited must provide to broadcasters that have commissioned productions. Broadcasters collect copyright and contributor information about each programme that they have commissioned for operational, contractual and compliance reasons, to allow them to pay royalties to contributors, and to allow contributors to be contacted by email to provide diversity data.
- Industry authorities: Workforce personal information, including nationality, citizenship, residency and heritage, is provided to television and film authorities such as the British Film Institute or Film London (or their international equivalents) for the purpose of obtaining certification for financial and tax purposes. In addition, certain information may be shared with trade associations/union bodies such as Equity, for the purpose of monitoring and administering royalties (if applicable) and/or other industry bodies when applying for filming permits, visas and/or applications.
- Co-production companies: Monkey Kingdom Limited will share workforce information with an applicable co-production company if it has a “need to know” that information for the purpose of the production, for example for making casting decisions and engaging crew members.
- Transfers outside the UK: Third-party suppliers may be based in the United States or another country. It is our practice to require our third-party suppliers to put in place measures to ensure that your personal information is treated by them in a way that is consistent with, and which respects, UK laws on data protection, such as UK-approved data transfer agreements.
- Viewers: Your personal information that is included in the programmes and related promotional and digital materials will be seen by viewers.
- Other third parties: Generally, Monkey Kingdom Limited will only disclose workforce personal information to third parties other than Monkey Kingdom Limited’s suppliers:
- when required to do so by law, regulation or court order;
- in response to a legitimate request for assistance by the police or other law enforcement agency;
- to seek legal advice from Monkey Kingdom Limited’s external lawyers or in connection with litigation with a third party;
- in connection with the sale, purchase, merger or reorganisation of a business; or
- to provide a third party (such as a potential or existing business counterparty or customer) with a means of contacting you in the normal course of business, for example, by providing your contact details, such as your phone number and email address.
6. Exercising your rights
Under certain circumstances, by law you have the right to:
- request access to your personal information. This enables you to receive a copy of the personal information that we hold about you;
- 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;
- object to processing of your personal information 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. You also have the right to object where we are processing your personal information for direct marketing purposes;
- 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);
- 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; and
- request the transfer of your personal information to another party.
If you would like to exercise any of your data protection rights, or if you have any questions about this privacy notice or how we handle your personal information, please contact Monkey Kingdom Limited’s Business Affairs team at Unit 5.01, 56 Shoreditch High Street, London, E1 6JJ firstname.lastname@example.org. You have the right to make a complaint to the Information Commissioner’s Office (www.ico.org.uk) about our collection and use of your personal information, but we hope that you will contact us first to give us a chance to address your issues.
7. Retaining your personal information
We will keep your personal information for as long as is necessary to fulfil the purposes we collected it for, including for the purpose of satisfying legal, accounting and reporting requirements. To determine the appropriate retention period for workforce personal information, we consider the amount, nature and sensitivity of the information, the potential risk of harm from unauthorised use or disclosure of the personal information, the purposes for which we process the personal information and whether we can achieve those purposes in other ways, the applicable legal requirements and our legitimate interests. For example, we will keep certain information about former production team members and cast and crew (e.g. name, role, name of production, work location, contracts, dates of employment or engagement, bank details) for as long as necessary for our legitimate interests in keeping this information as part of our production records and our contractual obligation to pay residuals.
Business Affairs Team, Monkey Kingdom, Unit 5.01, 56 Shoreditch High Street, London, E1 6JJ email@example.com