BIG CIRCUS MEDIA LTD
EXTERNAL PRIVACY NOTICE

About Big Circus Media Ltd

Big Circus Media Limited (‘Big Circus’) is an independent television production company based in the United Kingdom which makes programmes and other content for broadcasters and platforms around the world.

Big Circus’s registered office is at 254 High Street, Berkhamsted, England, HP4 1AQ.

Big Circus is committed to protecting the privacy of others and complying with all relevant data protection laws and regulations. This Privacy Policy sets out how Big Circus collects and uses information about individuals, including those who appear in or are otherwise involved in the programmes and other content which we produce (collectively ‘Content’).

Please contact Big Circus if you have any questions or concerns at: info@bigcircus.co.uk

Why do we collect personal information?

We collect and process personal information in connection with business activities generally and our Content-making activities for a number of reasons including:

• operating and managing our business effectively and lawfully;
• contacting individuals about, and assessing individuals’ suitability to appear in or otherwise be involved in, Content that we produce;
• as part of and in connection with our Content-making and other activities;
• producing, exhibiting, exploiting, distributing, publicising, advertising and promoting our Content 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 information about you in connection with the Content we produce which we may obtain from you directly or from a third party:

1. 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 need this information to correspond with you and to contract with you and for administrative and other purposes.
   2. your image, your gender, your age and birth date, information contained within your passport, your driving licence and possibly other official documents which identify you. We 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 need this information to be able to assess your suitability to appear or otherwise be involved in Content 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 need this information for administrative purposes, to be able to assess your suitability to appear or otherwise be involved in Content and to comply with our contractual, regulatory and legal obligations.
   5. whether you consent or object to being identified in Content and if you object, the basis of your objection. We need this information to assess your suitability to take part in Content 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 need to process this information in order to verify your identity and to assess your suitability to appear or otherwise be involved in Content.
   7. information concerning your physical and mental health. We need this information in order to assess your suitability to appear or otherwise be involved in the Content 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 need this information in order to assess your suitability to appear or otherwise be involved in Content we produce; and/or for compliance with contractual and legal obligations.
   9. your age, gender, gender identity, ethnicity, disability and sexual orientation. We will use this information for diversity analysis monitoring.
   10. any and all personal information relating to you, revealed or recorded on cameras and/or microphones and contained within footage and/or sound recordings made for Content, or provided by or sourced from you or a third party in connection with the production and exploitation of Content, including without limitation:
       • 10.1 – your image; voice; 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 future plans, hopes and aspirations; information about your financial affairs; information about your past, present and future professional life including without limitation information about your current job, your position, work schedule and the nature of your work, your previous work history, your2ualifycations and your experiences, and your plans, intentions, and hopes for the future in connection with your professional life; and the details of any legal claim made by or against you and enforcement action taken against you or on your behalf, including any assets seized and the circumstances surrounding the seizure.
       • 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 need this information for editorial reasons and for the production and exploitation of Content, and/or for contractual reasons (including our obligations to you pursuant to our contract with you) and/or for regulatory and legal reasons.

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 above. The second column lists the lawful bases (and further conditions for processing where relevant) we rely upon in order to process these types of data.

Legitimate Interests

Where we rely on ‘legitimate interests’ as the lawful basis for processing data, such legitimate interests include our legitimate interests in making and exploiting Content for worldwide distribution. We only process data on this legal basis where we have considered that the processing is necessary to achieve our legitimate interest and, 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 UK 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 of Content), data is being held with a view to publication, and there is a public interest in publication. This is known as the ‘special purposes exemption’.

We may process your personal data under the special purposes exemption in connection with Content. References in the above table to ‘processing undertaken in connection with public interest journalism’ includes examples of processing where we may rely upon the special purposes exemption.

Consent

Generally, we anticipate that individuals will give their informed consent to take part in and work on Content that we produce. However, we may refer to or even feature an individual in Content 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 Content, we may be entitled to distribute and show the relevant Content whether or not you later change your mind about participation.

Consenting to take part in Content, and our reliance on your consent to process your personal data are two distinct, different things. We will not generally rely on your consent to process your personal data if you appear in Content. This is something which we normally do as part of our legitimate business interests, for contractual 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 please note that we may be relying on other lawful bases at the same time.

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. 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. co-producers, programme-making partners, third party suppliers, broadcasters, SVOD platforms, post-production houses, sales agents, distributors;
• broadcasting regulators e.g. Ofcom;
• the police or other regulatory bodies as required by law in connection with the investigation of crimes.

Although we are based in the UK, our business is global and so we may need to transfer your personal information outside the UK.

Wherever your information is transferred to organisations outside the UK, we will ensure that adequacy regulations or appropriate safeguards, such as standard data protection clauses recognised or issued in accordance with the UK data protection regime, are in place to ensure the safety and security of your personal information and that it is processed in accordance with this privacy notice (unless an exemption applies).  You can find out more about these safeguards by contacting us using the contact details below.

How we store your personal information

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 will only keep your personal information for as long as we need to. For those appearing or otherwise involved in our Content, we are likely to retain your personal information for as long as is necessary in order to produce, exhibit, exploit, distribute, advertise, publicise and promote the programme in accordance with our legitimate interests and legal obligations. Personal information that is no longer required will be deleted/destroyed. For others who apply to appear or be involved in our Content, but who are unsuccessful, we will retain your personal data for as long as necessary to address the purpose for which they have been sent, unless you request that data is deleted.

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.

Please 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.

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.

Getting in touch

If you have any questions or concerns regarding your personal data, please contact Big Circus at info@bigcircus.co.uk

You may also contact the Information Commissioner’s Office if you have concerns about the way in which your personal data has been processed by Big Circus: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. https://ico.org.uk/make-a-complaint/

Changes to this Privacy notice

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

Big Circus Limited
October 2022