EMPLOYEE PRIVACY NOTICE
Welcome to the TRONGATE PRODUCTIONS (No.1) LIMITED (TP1) privacy notice. TP1 is committed to protecting the privacy and security of your personal information.
This privacy notice provides information on how TP1 collects and processes your personal data when you participate in one of our programme productions.
It is important that you read this privacy notice in full and understand its contents.
WHAT IS THE PURPOSE OF THIS DOCUMENT?
TP1 is 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.
This notice applies to current and former employees, workers and contractors. This notice does not form part of any contract of employment or other contract to provide services. We may update this notice at any time but if we do so, we will provide you with an updated copy of this notice as soon as reasonably practical.
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.
THE KIND OF INFORMATION WE HOLD ABOUT YOU
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 (anonymous data).
There are certain types of more sensitive personal data which require a higher level of protection, such as information about a person’s health or sexual orientation. Information about criminal convictions also warrants this higher level of protection.
We will collect, store, and use 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.
• Gender.
• 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 and your reason for leaving.
• Location of employment or workplace.
• Recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process).
• Employment records (including job titles, work history, working hours, holidays, training records and professional memberships).
• Disciplinary and grievance information.
• Information about your use of our information and communications systems.
• Photographs.
We may also collect, store and use the following more sensitive types of personal information:
• 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, including:
• where you leave employment and under any share plan operated by a group company the reason for leaving is determined to be ill-health, injury or disability, the records relating to that decision;
• details of any absences (other than holidays) from work including time on statutory parental leave and sick leave; and
• 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.
HOW IS YOUR PERSONAL INFORMATION COLLECTED?
We collect personal information about employees, workers and contactors through the application and recruitment process, either directly from candidates or sometimes from an employment agency or background check provider.
We will collect additional personal information in the course of job-related activities throughout the period of you working for us.
HOW WE WILL USE INFORMATION ABOUT YOU
Under current data protection law, there are various grounds on which we can rely when processing your personal data. In some contexts more than one ground applies. We have summarised the grounds that we have determined to be applicable to the processing of your data below:
Performance of Contract
We will be entitled to process your data to ensure the proper performance (from both parties) of our contract with you.
Legal Obligation
We may require to process your data in order to comply with our legal obligations.
Legitimate Interest
We, or a third party, have a legitimate interest in processing your data in the course of carrying out our usual business practices.
Consent
Where we have collected Special Category Data from you (as described in Paragraph 2 above), we will only do so with your explicit consent for such collection and any subsequent processing.
Situations in which we will use your personal information
We need all the categories of information in the list above 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 [***], provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below. We have indicated by asterisks the purpose or purposes for which we are processing or will process your personal information, as well as providing a description of which categories of data are involved.
• Making a decision about your recruitment or appointment. *
• Determining the terms on which you work for us. *
• Checking you are legally entitled to work in the UK. **
• Paying you and, if you are an employee or deemed employee for tax purposes, deducting tax and National Insurance contributions (NICs). *
• Enrolling you in a pension arrangement in accordance with our statutory automatic enrolment duties. **
• Liaising with the trustees or managers of a pension arrangement operated by a group company, your pension provider and any other provider of employee benefits. *
• Administering the contract we have entered into with you. *
• Business management and planning, including accounting and auditing. ***
• Conducting performance reviews, managing performance and determining performance requirements. ***
• Making decisions about salary reviews and compensation. *
• Assessing qualifications for a particular job or task, including decisions about promotions. *
• Gathering evidence for possible grievance or disciplinary hearings. ***
• Making decisions about your continued employment or engagement. ***
• Making arrangements for the termination of our working relationship. *
• Education, training and development requirements. ***
• Dealing with legal disputes involving you, or other employees, workers and contractors, including accidents at work. **
• Ascertaining your fitness to work. *
• Managing sickness absence. *
• Complying with health and safety obligations. **
• To prevent fraud. ***
• To monitor your use of our information and communication systems to ensure compliance with our IT policies. ***
• To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution. ***
• Equal opportunities monitoring. ***
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
If you fail to provide personal information
If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers).
Change of purpose
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.
HOW WE USE PARTICULARLY SENSITIVE PERSONAL INFORMATION
We may collect "special category data" from you including race, ethnic origin, politics, religion, trade union membership, genetics, health, sex life or sexual orientation. Where we require this information, we will seek explicit consent from you before you provide it to us.
Situations in which we will use your sensitive personal information
In general, we will not process particularly sensitive personal information about you unless 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. The situations in which we will process your particularly sensitive personal information are listed below.
• 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 need to process this information to exercise rights and perform obligations in connection with your employment.
• 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, register the status of a protected employee and to comply with employment law obligations.
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 our privacy standard.
We envisage that we will hold information about criminal convictions.
We will only collect information about criminal convictions if it is appropriate given the nature of the role and where we are legally able to do so. We will use information about criminal convictions and in order to ascertain your suitability to work with vulnerable individuals.
DATA SHARING
We may have to share your data with third parties, including third-party service providers. 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 EU. If we do, you can expect a similar degree of protection in respect of your personal information.
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.
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: payroll, pension administration, IT services.
We will share personal data regarding your participation in any pension arrangement operated by a group company with the trustees or scheme managers of the arrangement in connection with the administration of the arrangements.
How secure is my information with third-party service providers and other entities in our group?
All our third-party service providers 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.
What about other third parties?
We may share your personal information with other third parties, for example in the context of the possible sale or securing a commission. 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 our Board of Directors.
Transferring information outside the EU
In connection with our business and for production, broadcasting, distribution, administrative, management, marketing and legal purposes, we may transfer your personal data outside the EEA to third parties. We will ensure that any transfer is lawful and that there are appropriate security and contractual arrangements in place
DATA RETENTION AND SECURITY
Although there is no specific period for which we will keep your personal data, we will not keep it for longer than is necessary for our purposes. In general, we will keep your personal data for the duration of your employment and for a period afterwards. In considering how long to keep it, we will take into account its relevance to our business and your participation either as a record or in the event of a legal claim. We will review the information from time to time and where the information is no longer required we will delete it securely.
Some data, such as production footage itself and credit information, will be kept indefinitely as we have an ongoing legitimate interest in retaining the product.
We have taken reasonable steps and put in place 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
RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION
Under the General Data Protection Regulation and the Data Protection Act 2018, you have a number of rights in relation to your personal data, summarised below:
Access
You have the right to request a copy of information that we hold about you (a “data subject access request”)
Rectification
You have the right to request that any erroneous information that we hold about you is corrected
Erasure
Where there is no good reason for us to continue processing (including storing) your data, you may request that it is erased
Restriction
You may request the restriction or suspension of any processing of your data – for example if you wish to clarify the information or ascertain the reason for processing it
Portability
You have the right to request the transfer of your personal data to another party
Additionally, where we rely on legitimate interest in the processing of your data (as described in Paragraph 4 above), you can object to such processing on the basis that these interests are outweighed by your own interests and rights in particular your right to privacy.
Finally, you have the right to make a complaint at any time to the Information Commissioner’s Office, the UK supervisory authority for data protection issues (www.ico.org.uk). Notwithstanding this right, we would welcome any direct approach from you in order to try to address any complaints you have in the first instance.
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 your Line Manager. 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.
COMPLAINTS/QUERIES
If you have complaints relating to our processing of your personal data, you should raise these with your line manager in the first instance. You may also raise complaints with your statutory regulator (as detailed in Paragraph 9 above). For contact and other details ask your line manager or the Legal Department.
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.
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