PRIVACY NOTICE 

 

Expanded Media is required under the General Data Protection Regulation 2016 (the “GDPR”) to notify you of how it collects and uses your personal data.   This Notice tells you what personal data Expanded Media collects, why Expanded Media needs it, how Expanded Media uses it and what protections Expanded Media has in place to keep your data secure.

 

“Expanded Media” refers to Expanded Media Ltd of 40 Whitfield Street London W1T 2RH.

 

“You” means any individual whose personal data is processed by Expanded Media.

 

Expanded Media is a "data controller”, which means that Expanded Media is responsible for deciding how to hold and use personal data about you.  

 

WHAT PERSONAL DATA DOES EXPANDED MEDIA COLLECT FROM AND ABOUT YOU? 

 

Expanded Media may collect, store, and use the following categories of personal data about you, which will vary in nature depending on the basis of Expanded Media’s relationship with you e.g. as your employer or contractor, and the purpose for which Expanded Media uses such data: 

 

  • Personal contact details such as name, title, home and work addresses, telephone numbers, email addresses, emergency contact information, including next of kin.

  • Personal data about you such as date of birth, gender, nationality and/or citizenship status, race, marital status, health information including mental health, information about criminal convictions or offences, family, lifestyle and social circumstances, if relevant to your relationship with Expanded Media (for example where Expanded Media liaises with third parties on your behalf in respect of your reputation or reliability).  

  • Personal data which may identify you such as your driving licence, passport, utility bill(s), electronic signatures, photographs, videos, voice, body measurements, skin, hair and eye colour and other personal characteristics.

  • Personal data to process any payments Expanded Media may need to make to you such as bank account details, tax status information, National Insurance number, VAT numbers and/or unique tax number, details of any interest in and connection with any intermediary through which your services are supplied, details of your beneficiaries, such as information contained in your will or where you have transferred your beneficial interest in your work or other rights to other individuals and/or companies.

  • Personal data relating to your work such as your calendar, career history including work/engagement/project/employment records, job titles, work history, working hours, holidays, training records and professional memberships, details of the projects/engagements you are or have been involved in, including your filmography and credits, manuscripts, scripts, books, contracts including payment and fee details, and royalty payments, merchandising, commercial tie-up rights, advertising, intellectual property rights and other information relating to exploitation of your rights, disputes, disciplinary and grievance information relating to projects/employment/work you are or have been involved in with third parties, and details of your professional advisers.

  • Personal data relating to your relationship with Expanded Media such as contracts, copies of right to work documentation, references, samples of work and submissions (in any form including without limitation tapes, images and documents), and information included in a CV or cover letter or as part of the process of applying for a job).

 

HOW DOES EXPANDED MEDIA OBTAIN YOUR PERSONAL DATA?

Most of the personal data Expanded Media collects, stores and uses about you will be provided directly by you (or third parties authorised on your behalf) including: 

 

  • Where you provide Expanded Media with your data during the course of your dealings with Expanded Media and its employees.

  • As part of and during the process of your joining Expanded Media as an employee.

  • Where data is collected from your employees or companies with whom you may have a relationship such as agencies, law firms, accountants, companies with whom you work or organisations with whom you have had dealings, government agencies, and information or service providers.

Other information about you may be obtained by Expanded Media from:

  • Public sources or social media (e.g. IMDB, Wikipedia, LinkedIn, Spotlight).

  • Information generated about you from third parties in fulfilling Expanded Media’s contractual obligations to you.

 

WHY DOES EXPANDED MEDIA NEED TO COLLECT AND USE YOUR PERSONAL DATA 

Expanded Media uses your personal data for a number of reasons, depending on your relationship with Expanded Media e.g. as an employee or independent contractor. The situations in which Expanded Media may use your personal data are set out below.


 

The processing of your personal data will be necessary to fulfil EXPANDED MEDIA’s obligations to you as your employer including, without limitation:

  • To make a decision about whether Expanded Media engages you as an employee or independent contractor.

  • To determine the terms of your employment.

  • To contact you.

  • To fulfil its obligations to you as your employer including without limitation payment obligations.

 

In general, irrespective of whether you are an employee or independent contractor of Expanded Media’s or otherwise, Expanded Media may collect your data, for:

  • Business management and planning.

  • Dealing with legal disputes involving you and/or Expanded Media employees.

  • Equal opportunities monitoring.

  • Updating records.

  • To monitor and keep records of our communications with you and Expanded Media employees.

  • For some direct communications mainly for the purpose of promoting projects in which Expanded Media is involved.

  • Accounting and auditing of Expanded Media’s business.

  • To comply with any obligations under employment law and/or any other applicable laws or regulations governing Expanded Media’s relationship with you.

 

Change of purpose

 

Expanded Media will only use your personal data for those situations listed above, unless Expanded Media reasonably considers that it needs to use it for another reason and that reason is compatible with the original purpose.  If Expanded Media needs to use your personal data for an unrelated purpose, you will be notified you and Expanded Media will explain the legal basis which allows it to do so.

 

WHAT ARE THE LEGAL GROUNDS FOR PROCESSING YOUR PERSONAL DATA? 

Under GDPR, Expanded Media must identify a lawful basis for processing of your personal data.  That basis may vary according to the nature of the personal data processed, the individual to whom it relates and the nature of the processing.  These legal grounds will be relied upon to process your data.  Some of the legal grounds for processing will overlap and there may be several grounds, which justify Expanded Media’s use of your personal data.  These obligations are:

  • Performance of a contract with you, if any.  If you are an employee or other individual with a direct contractual relationship with Expanded Media, Expanded Media is entitled to process the personal data it requires in order to fulfil its obligations to you under such contract.

 

  • The legitimate interests of Expanded Media or a third party.  Expanded Media may process your personal data on the lawful basis that it is in its legitimate interests and/or those of a third party to do so.  This will primarily apply when Expanded Media conducts its business as a production company; to fulfil a contract; and/or in the effective and management of its business, which may include, without limitation:

  • Contacting individuals and organisations relevant to Expanded Media’s work, which may involve the use of your personal data. 

  • Reviewing correspondence and documents that have been disclosed to Expanded Media, its employees, contractors and third parties which may contain your personal data, and disclosing such correspondence and documents to various parties in furtherance of your objectives.

  • Engaging suppliers and personnel.

  • Ensuring that its systems and premises are secure and running efficiently.

  • For regulatory and legislative compliance.

  • For audit and reporting.

  • For general business development purposes.

  • For insurance purposes.

  • For receiving payments and making payments.

  • To allow for all of the above, the secure management and storage of your personal data within its IT and hard copy filing systems.

 

  • Compliance with legal obligations to which Expanded Media is subject. In certain circumstances Expanded Media may be obliged to process your personal data to comply with its legal obligations including, without limitation, processing required for accounting and tax purposes.  For detailed information on these legal obligations, please see the Information Commissioner’s website (see below)

Please note that Expanded Media may process your personal data, without your knowledge or consent, where this is required or permitted by law.

 

SPECIAL CATEGORY PERSONAL DATA

Some of data held by Expanded Media may fall within a so-called "special category" of more sensitive personal data such as:

  • Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions.

  • Trade union membership.

  • Information about your health, including any medical condition, health and sickness records.

  • Genetic information and biometric data.

 

Expanded Media will obtain your explicit consent to any processing of such data, unless Expanded Media is not required to do so by law.  Expanded Media needs to have a further legal ground for collecting, storing and using this type of personal data. Expanded Media may process special categories of personal data in the following circumstances:

  • With your explicit consent:

  • To collect, hold and disclose data concerning your health to third parties e.g. where disclosure of your health records or a medical examination is a condition of your engagement on a project.

  • To hold and disclose any criminal records information relating to you (including alleged offences) e.g. where disclosure of such information to a third party is a condition of your engagement on a project. 

Where Expanded Media is processing such data with your consent, you have the right to withdraw such consent at any time.

  • Processing is necessary to protect your vital interests or those of another natural person.  To collect, hold and disclose data concerning your health to third parties e.g. where disclosure of your health records is necessary for a medical emergency.

 

  • The personal data EXPANDED MEDIA wishes to process has manifestly been made public by you.

 

  • Processing is necessary for the establishment, exercise or defence of legal claims or whenever Courts are acting in their judicial capacity.

 

  • Processing is necessary for reasons of substantial public interest.

 

WHEN DOES EXPANDED MEDIA SHARE YOUR PERSONAL DATA WITH OTHER ORGANISATIONS OR INDIVIDUALS? 

Expanded Media may have to share your personal data with third parties, including third-party service providers, its shareholders and partners.  Expanded Media requires such third parties to respect the security of your data and to treat it in accordance with GDPR.

 

A situation where Expanded Media will often provide your personal data to third parties is where it is necessary for the performance of its contractual relationship with you.  

 

Expanded Media will not share or use your personal data in a way you would not expect under its contractual relationship with you.

 

Expanded Media may also share your personal data with third parties where required by law or where Expanded Media has another legitimate interest in doing so.

 

TRANSFERRING YOUR PERSONAL DATA OUTSIDE THE EU

Expanded Media is based in the UK, but sometimes it may be necessary to transfer your personal data outside the EU.  A common example is where Expanded Media needs to provide your personal data to a company or organisation outside the EU as a requisite to you providing your services to that company or organisation, or in order for Expanded Media to fulfil its obligations to its partners or shareholders. 

    

Expanded Media will seek and secure your explicit consent for transferring your personal data outside the EU in circumstances where (a) the transfer is not necessary for the fulfilment of Expanded Media’s obligations to you under any relevant agreement; (b) the EU Commission has not made an adequacy decision in respect of the country in which the recipient of the personal data is based; (c) the transfer of the personal data is not subject to appropriate safeguards as set out in Article 46 of the GDPR; (d) there are no binding corporate rules in place; or (e) no other derogation is applicable.

 

WHAT IF YOU DO NOT WANT TO SHARE YOUR PERSONAL DATA WITH EXPANDED MEDIA? 

If you fail to provide certain information when requested Expanded Media may not be able to honour

its obligations to you, whether contractual, legal or otherwise, such as paying you or engaging your services if Expanded Media is required to obtain insurance in relation to the rendition of your services.

 

HOW DOES EXPANDED MEDIA KEEP YOUR DATA SECURE?

Expanded Media has 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, Expanded Media limits access to your personal data to those employees, contractors and other third parties who have a business need to know. They will only process your personal data on Expanded Media’s instructions and they are subject to a duty of confidentiality.

 

Expanded Media has 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 it is legally required to do so.

 

FOR HOW LONG DOES EXPANDED MEDIA RETAIN YOUR PERSONAL DATA?

Expanded Media will only retain your personal data for as long as necessary to fulfil the purposes for which it was collected, including for the purposes of Expanded Media’s contractual relationship with you and satisfying any legal, accounting, or reporting requirements. 

 

To determine the appropriate retention period for personal data, Expanded Media considers 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 Expanded Media processes your personal data and whether Expanded Media can achieve those purposes through other means, and the applicable legal requirements.

 

In some circumstances Expanded Media may anonymise your personal data so that it can no longer be associated with you, in which case Expanded Media may use such information without further notice to you.

 

Notwithstanding that you may no longer be an employee of Expanded Media, Expanded Media may retain your personal data, but for no more than the time required for the specific purposes for which it is processed by Expanded Media as set out in this Notice or where required by applicable laws and regulations.  In such cases, Expanded Media will ensure that such data will continue to be treated in accordance with this Notice.


 

YOUR DUTY TO INFORM EXPANDED MEDIA OF ANY CHANGES

It is important that the personal data Expanded Media holds about you is accurate and current.  Please keep Expanded Media informed if your personal data changes so that Expanded Media can update its records.

 

Please inform your usual contact at Expanded Media, or email privacy@expandedmedia.com

 

YOUR RIGHTS IN CONNECTION WITH YOUR PERSONAL DATA

 

Under certain circumstances, by law you have the right to:

 

  • Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data Expanded Media holds about you and to check that Expanded Media is lawfully processing it.

 

  • Request correction of the personal data that Expanded Media holds about you. This enables you to have any incomplete or inaccurate information Expanded Media holds about you corrected.

 

  • Request erasure of your personal data. This enables you to ask Expanded Media to delete or remove personal data where there is no good reason for Expanded Media continuing to process it. You also have the right to Expanded Media to delete or remove your personal data where you have exercised your right to object to processing (see below).

 

  • Object to processing of your personal data where Expanded Media 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 Expanded Media  are processing your personal data for direct marketing purposes.

 

  • Request the restriction of processing of your personal data. This enables you to ask Expanded Media to suspend the processing of your personal data, for example if you want Expanded Media to establish its accuracy or the reason for processing it.

 

  • Request the transfer of your personal data to another party.

 

If you want to review, verify, correct or request erasure of your personal data, object to the processing of your personal data, or request that Expanded Media transfers a copy of your personal data to another party, please email privacy@expandedmedia.com.

 

Usually, you will not have to pay a fee to access your personal data (or to exercise any of the other rights).  However, Expanded Media may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, Expanded Media may refuse to comply with the request in such circumstances.

 

WHAT EXPANDED MEDIA MAY NEED FROM YOU

 

Expanded Media may need to request specific information from you to help 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.

 

YOUR RIGHT TO WITHDRAW CONSENT

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal data 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 your usual contact at Expanded Media or email privacy@expandedmedia.com. Once Expanded Media has received notification that you have withdrawn your consent, Expanded Media will no longer process your personal data for the purpose or purposes you originally agreed to, unless Expanded Media has another legal ground for doing so in law.

 

CHANGES TO THIS PRIVACY NOTICE

 

Expanded Media reserves the right to update this Privacy Notice at any time.  Expanded Media may also notify you in other ways from time to time about the processing of your personal data. 

 

QUESTIONS OR COMPLAINTS

 

If you have any questions about this Privacy Notice, or you have any concerns or complaints about the way Expanded Media processes your data, please email privacy@expandedmedia.com.  In any event you have the right to address a complaint to the Information Commissioner, who can be contacted at the following address:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

www.ico.org.uk

 

Helpline number 0303 123 1113