Special Category Data and Criminal Offence Data Notice

This Supplemental Privacy Notice supplements the EMPORIUM PRIVACY NOTICE (which can be found at www.emporiumproductions.co.uk/privacy-policy).  It is not intended to override that notice; both notices should be read together.

 

When you agree to take part in an Emporium Production (a “Programme”), and/or are confirmed as a participant or contributor in a Programme, we may ask you to provide information which is known as ‘special category data’ and/or ‘criminal offence data’. Unless there is a lawful reason not to do so, we will specifically inform you at the time if we use data in these categories, collected from third party sources.

When you are not a participant in a Programme, but we use information about you in these categories, we will inform you at the time, unless there is lawful reason not to do so.

Any reference to “we”, “us” and “our” is to Emporium Productions Ltd. Unless otherwise stated below, we are known as the “data controller” of your personal data.

You can contact us at via our website at www.emporiumproductions.co.uk, for more information about how we process your data, including how to exercise your rights as a data subject.

What do we mean by special category data?

Special category data is personal information which is more sensitive than other personal data and can include information about a person’s: physical and mental health; genetic and biometric data; race; ethnic origin; trade union membership; political opinions; sex life; sexual orientation; or religious or philosophical beliefs.

 

What special category data do we process and why?

We have set out below specific information about the special categories of data we may process in relation to the Programme and why.

There may be circumstances where we use your special category data (or make such data available to third parties) without your consent, for example:

(1) where you have clearly made your data public

(2) in the event of a medical emergency, where you are physically or legally incapable of giving consent, in order to protect your ‘vital interests’ (that is, your health or your life);

(3) in relation to a legal claim and/or court order and/or for law enforcement purposes; and/or

(4) where it is used lawfully in the substantial public interest;

(5) where it is necessary for the ‘special purpose’ of journalism;

(6) where it is necessary for the purpose of archiving in the public interest.

Otherwise, we will only use such data for the below purposes (or such other purposes as have been confirmed to you in writing) on the basis that you have given us your explicit consent to do so.

 

Special category data may be:

  • used by our production teams for the purposes of preparing and/or making a Programme and as part of the editorial content of a Programme;
  • used by our production teams in order to assess your suitability for a Programme;
  • used by our production teams to help monitor and increase diversity in programmes;
  • shared internally within Emporium (eg with our Business Affairs, Health & Safety, Compliance and Insurance teams);
  • shared with medical professionals working with us, such as on-site medical teams, independent doctors and independent psychiatrists. (In the case of such independent medical professionals, they are the “data controller” of your personal data (either alone or jointly with us) and will be required to maintain their own records. Where that is the case, we may refer you to those medical professionals to exercise your rights over your data);
  • shared with our professional advisers if their advice is required;
  • shared with our insurers;
  • shared with the Office of Communications (OFCOM);
  • shared with anyone who views the Programme and/or clips of the Programme throughout the world when data is included in the editorial content of a Programme; and
  • used and shared internally within Emporium, to deal with any questions or complaints arising in relation to the Programme.

 

Information about criminal offence data

Additionally, where authorised by UK/ European laws, we may also ask you to self-disclose personal information relating to: criminal convictions; current or pending criminal proceedings; county court judgments; and/or formal cautions.

We may also carry out our own background checks with your consent (unless for a lawful reason we do not require your consent), which may include a basic check of any unspent convictions on your criminal record with the Disclosure and Barring Service (the “DBS”) and/or Disclosure Scotland .

 

Your criminal offence data may be:

  • used by our production teams for the purposes of preparing and/or making a Programme and as part of the editorial content of a Programme;
  • used by our production teams in order to assess your suitability for a Programme;
  • shared internally within Emporium and any other companies within the Hat Trick Group (eg with our Business Affairs, Health & Safety, Compliance and Insurance teams);
  • shared with our professional advisers if their advice is required;
  • shared with our insurers;
  • shared with the Office of Communications (OFCOM);
  • shared with anyone who views the Programme and/or clips of the Programme throughout the world when data is included in the editorial content of a Programme; and
  • used and shared internally within Emporium, to deal with any questions or complaints arising in relation to the Programme.

 

There may be circumstances where we use your criminal offence data (or make such data available to third parties) without your consent, for example:

(1) where you have clearly made your data public;

(2) in relation to a legal claim and/or proceedings and/or for law enforcement purposes; and/or

(3) where it is used lawfully in the substantial public interest;

(4) where it is necessary for the ‘special purpose’ of journalism;

(5) where it is necessary for the purpose of archiving in the public interest.

 

How long do we keep special category and criminal offence data?

 

Data may be kept for as long as is necessary to fulfil the specific lawful purpose in question.

 

Sending Data Internationally

Where we have your explicit consent to do so, we may transfer your data to other members of our group and to third party service providers which are located overseas and do not have similarly strict data protection and privacy laws.

Where this happens, we will put in place data transfer agreements and safeguards using European Commission approved terms. Please contact us at via our website at www.emporiumproductions.co.uk if you would like to know more about these agreements or receive a copy of them.

We will also ensure that adequate security and safeguards are in place to appropriately protect your data.

See our Programmes