Introduction

This Privacy Notice concerns the personal information of applicants, participants or contributors who we are considering, or have decided, to include in a programme which we intend to produce – as well as anyone else we have filmed for or engaged with in connection with our programmes.

Your information is very important to us and we will look after it in line with privacy and data protection laws, including the EU General Data Protection Regulation.

This policy explains what data we collect and why, how we use it and who we share it with, as well as your rights as a data subject.

We are committed to keeping your information secure with appropriate technical and organisational measures to ensure its confidentiality, integrity and availability.

It is important you read this Privacy Notice together with any other Privacy Notices or Fair Processing Notices we give you, so you understand how and why we are collecting and using your data. This Privacy Notice supplements these other notices (if provided) and is not intended to override them.

We may update this Privacy Notice from time to time. Any changes will be posted on our website. You can request a historic version by emailing us at: dataprotection@truenorth.tv or writing to us at: True North Productions, Marshalls Mill, Marshall Street, Leeds, LS11 9YJ.

About True North Productions – who are we?

Any reference to “we”, “us” and “our” is to True North Productions Limited (Company no. 04430230).

If you would like more information about how we process your data, and how you can exercise your rights as a data subject, you can contact us by email at: dataprotection@truenorth.tv or write to us at: True North Productions, Marshalls Mill, Marshall Street, Leeds, LS11 9YJ

Why do we collect personal information?

We collect and process personal information for a number of reasons including:

• operating and managing our business effectively and lawfully;

• as part of and in connection with our programme-making and other activities;

• contacting individuals about taking part in our programmes and assessing individuals’ suitability to take part in those programmes;

• producing, exhibiting, exploiting, distributing, publicising, advertising and promoting our programmes by any media (now known or hereafter invented) throughout the world; and

• responding to queries from members of the public.

What personal information will we collect and why?

We will, are likely, or may process the following types of information about you in connection with our activities which we may obtain from you directly or from a third party:

1. your name, your gender, your age and date of birth, your address and contact details such as your email address and telephone number, your handwriting as well as other basic details about you. We may need this information to correspond with you about our programmes and services and to contract with you and for administrative and other related purposes.

2. your name, image, gender, your age and birth date, information contained within your passport, your driving licence and possibly other official documents which identify you. We may need this information to check your identity and to ensure compliance with relevant laws and regulations.

3. information about your past and present personal, home and family life. We may need this information to be able to assess your suitability to take part in our programmes and to comply with our contractual and regulatory obligations.

4. information about your past and present professional life including information about your current role and work schedule, your previous work history, your qualifications and your experiences. We may need this information for administrative purposes, to be able to assess your suitability to take part in our programmes and/or to comply with our contractual and regulatory obligations.

5. whether you consent or object to being identified in programmes we produce and if you object, the basis of your objection. We may need this information to assess your suitability to take part in our programmes and to comply with our contractual and regulatory obligations.

6. information about you that is on social media and the internet including images of you and other personal information that is contained there. We may need to process this information in order to verify your identity and to assess your suitability to take part in the programmes we produce.

7. information concerning your physical and mental health. We may need this information in order to assess your suitability for participation in programme we produce, and for compliance with contractual obligations we have to third parties, who are subject to statutory regulation.

8. information concerning any criminal convictions or cautions you may have, information about any criminal activity you may be or have been involved in and information concerning current criminal proceedings or criminal allegations relating to you or in which you are involved. We may need this information in order to assess your suitability to take part in our programmes; and for compliance with contractual obligations we have to third parties, who are subject to statutory regulation.

9. your age, gender, gender identity, ethnicity, disability and sexual orientation. We may need this information for diversity analysis monitoring. See ‘Diversity Monitoring’ below.

10. any and all personal information revealed on camera (or captured by other recording devices) and contained within footage filmed for our programmes (or provided by a third party to us in connection with our programmes) including your image and voice and potentially a very wide range of personal information relating to you revealed by you and others including without limitation:

10.1. your name; your gender; your age and date of birth; your address and contact details; information about your past and present personal, home and family life; information about your past and present professional life including information about your current role such as your position and work schedule, your previous work history, your qualifications and your experiences and the details of any legal claim made by or against you and enforcement action taken against you or on your behalf.

10.2. information concerning your racial and ethnic origin, political opinions, religious or philosophical beliefs, your membership of a trade union, your health and any medical treatment you receive, your sex life or your sexual orientation (“special category data”); and

10.3. information concerning any criminal convictions or cautions you may have and any other criminal activity you may have been suspected of or involved in; information concerning the nature and status of any arrests, charges, prosecutions, court proceedings or other interactions between you and the authorities (“criminal convictions and offences data”).

We may need some or all of this information for editorial reasons and for the production and exploitation of the programmes we produce, for contractual reasons and obligations we have to third parties including statutory regulators, and or to comply with our obligations to you pursuant to our contract with you.

11. Financial information e.g. your bank details, payments made to you. We may need to process this information in order to make payments to you and/or to comply with accounting and tax reporting requirements.

12. Information about your COVID-19 status including whether you have tested positive for COVID-19 or have any related symptoms. We need this to provide a safe working environment for you and others.

Diversity Monitoring

True North Productions is part of an industry-wide diversity monitoring initiative called Diamond. The Diamond project uses personal information regarding on and off-screen contributors to programmes to report on the diversity of TV production in the UK.

If you have provided us with your email address (unless you have asked us not to) we will share this with Creative Diversity Network Limited, Soundmouse and Silvermouse and you will be invited to participate in the Diamond project.

The company running the Diamond project will contact you to ask whether you are willing to contribute to the project by providing certain information regarding your diversity characteristics such as; gender, ethnicity, disability, age, gender identity and sexual orientation. This information is collected, processed and stored anonymously on the Diamond system, with the relevant data being jointly controlled by the main UK broadcasters including the BBC, ITV, C4, C5, CDN and Sky. If you provide Diamond with your diversity data, they will issue you with a separate privacy notice.

Lawful bases for processing the above information

The first column of the following table refers to the types of personal information set out in the numbered paragraphs (1 – 12) above. The second column lists the lawful bases we may rely upon in order to process these types of data.

Legitimate Interests

Where we rely on ‘legitimate interests’ as the lawful basis for processing, such legitimate interests include our legitimate interests in making and exploiting television programmes for worldwide distribution. 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.

The Special Purposes – public interest journalism

Please note that the GDPR and DPA 2018 state that in certain circumstances we do not have to comply with some aspects of data protection law (including this privacy notice) if we believe that doing so would be ‘incompatible’ with journalism and/or artistic purposes (i.e. it would stop us from doing our job as a producer), data is being held with a view to publication, and there is a public interest in broadcasting the programme. This is known as the ‘special purposes exemption’

Where we are producing certain programmes, we may process your personal data under the special purposes exemption. References in the above table to ‘processing undertaken in connection with public interest journalism’ includes processing where we rely upon the special purposes exemption.

Consent

Generally, individuals give their informed consent to take part in our programmes. However, 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.

Where you have entered into a contract 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.

Consenting to take part in a programme, and True North Productions relying on your consent to process your personal data are two distinct, different things. We do not generally rely on your consent if you appear in one of our programmes. This is something which we normally do as part of our legitimate business interests, for contract purposes and/or, in connection with public interest journalism. Where we do rely upon ‘consent’ to process your personal information, you have the right to withdraw your consent at any time although note that we may be relying on other lawful bases at the same time.

Working for True North

If you are applying to work with or for True North Productions Limited, as a worker or self-employed contractor, we will ask for personal information from job applicants including C.V’s and any ancillary information provided as part of your application to assist with our recruitment processes. Any personal information about you which is obtained by us during the application process (including any information obtained directly from you or from third parties such as your referees or as part of pre-employment checks) or as part of pre-employment checks may be retained and used by us for the purposes of considering your suitability for employment, conducting appropriate checks and as otherwise reasonably required for our legitimate interests and compliance with applicable law. If your application is successful, and you subsequently become employed or engaged by us, the information described above will form part of your personnel file. If we do not employ/engage you, we may still retain you CV and personal data for up to 2 years so that we can consider you for future roles.

Sharing your personal information

Your personal information is processed by our employees and staff. Sometimes we use third parties who are contractually engaged to provide services to us that may involve the sharing of personal information e.g. travel service providers, ticket providers, health and safety advisors, IT services, legal and accountancy services. We also may need to share your personal information with other organisations from time to time including with:

• companies involved with our business activities e.g. broadcasters, post-production houses, sales agents, distributors, insurance companies and companies providing COVID-19 testing services;

• broadcasting regulators e.g. Ofcom;

Please be reassured that we will not otherwise share your information further, unless:

• we are required to do so by law, for example by a court order or for the purposes of prevention of fraud or other crime; or

• we are asked to by competent regulatory, prosecuting and other governmental agencies, or litigation counterparties, in any country or territory; or

• for the purposes of prevention of fraud or other crime.

We may transfer your personal data to third party service providers outside the European Economic Area, which do not have similarly strict data protection and privacy laws, as well as to other members of the Sky group. Where we do this, we have put in place data transfer agreements and safeguards using European Commission approved terms. Please contact us at: dataprotection@truenorth.tv if you would like to know more about these agreements or receive a copy of them. Where this happens, we will ensure that adequate security and safeguards are in place to appropriately protect your information.

How we store your personal information and for how long

We have implemented appropriate measures to ensure that your personal information is kept safe and secure e.g. by storing it securely, and by keeping electronic data on secure servers and hard drives with appropriate levels of security including encryption and firewalls. However. the internet is an open system and we cannot guarantee that unauthorised third parties will never be able to defeat those measures.

We do not retain your information for longer than necessary for the purpose it was collected. We keep your personal data for as long as it is required by us for our legitimate business purposes, to perform our contractual obligations, or where longer, such longer period as is required by law or regulatory obligations which apply to us.

In general, we keep information about the people we engage with for programme making purposes including data collected for COVID-19 testing purposes for 6 years. If we are able to exploit a programme for longer than that, we may continue to process your data for as long as we are able to exploit the programme.. We will usually delete your personal information at the end of that period.

Your rights

You have a number of rights in respect of your personal information, including the right to object to and or restrict our processing of your personal data and the right to request:

• access to the personal information that we hold about you;

• that we do not process your personal information for direct marketing purposes;

• that inaccurate personal information we hold about you is corrected;

• that personal information is deleted;

• that your personal information is provided to you in a portable format.

Note that most of these rights are not absolute and are limited to certain defined circumstances. Accordingly, we may not be able to comply with any such request.

As noted above, if the basis of our processing of your personal information is ‘consent’ you have the right to withdraw your consent at any time. However, note that your data may be being processed subject to another lawful basis as set out above.

Making a complaint

We are committed to safeguarding your data and upholding your rights, but if you feel we have not done that, please contact us at dataprotection@truenorth.tv or write to: True North Productions, Marshalls Mill, Marshall Street, Leeds, LS11 9YJ. Additionally you have the right to complain to the relevant supervisory authority, which in the UK is the Information Commissioner’s Office (ICO).

Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. https://ico.org.uk/make-a-complaint/

Please contact dataprotection@truenorth.tv or write to True North Productions, Marshalls Mill, Marshall Street, Leeds, LS11 9YJ if you want to exercise any of your rights above or want your rights further explained.

Cookies

The Website has features that automatically collect information from users to assist us in recognizing our users’ preferences and serving their needs.

The Website uses cookies, which are small data files containing information about the user that are stored on the user’s hard drive. Cookies ensure your experience of the Website and our ability to improve it is enhanced. If users reject cookies, they may be limited in using some areas of the Website.

Specifically, the following Cookies are in use; • Google Analytics (3rd party). We use this to see how many visitors we are getting, and how they found us. You can find out more about Google Analytics’ Cookies here: https://www.google.com/policies/privacy/ads/#toc-analytics

• Social Media Sharing and Integration (3rd party). We use Facebook and Twitter functionality within this site so that you can share items of interest, or become a fan of our Social Media Profiles. You can find out more about Facebook’s Cookie use here:

• https://www.facebook.com/policy.php , and Twitter’s here: https://twitter.com/privacy

• We also sometimes use video embedding, like YouTube or Vimeo (3rd party) to enhance your experience of content on our site. You can find out about YouTube’s Cookie policy here: https://www.google.com/intl/en/policies/privacy/, and Vimeo’s here: https://vimeo.com/privacy

Our site also uses Cookies to enhance the experience for members/users, as follows:

-WordPress uses Cookies to further enhance the experience of the website, which you can read more about, here – https://codex.wordpress.org/WordPress_Cookies

Changes to this Privacy notice

We may update or amend this Privacy Notice from time to time.

True North Productions April 2021