PRIVACY NOTICE
Last updated: Jan 2025
1. The purposes of the document
MISFITS ENTERTAINMENT LTD (Company Number: 10368863) a company registered under the laws of England
and Wales with a registered address at 22 Soho Square, London W1D 4NS (the “Company”, “us”, “our”) collects
and processes personal data relating to you in the course of your engagement. This privacy notice (the “Privacy
Notice”) has been prepared to provide you with an explanation of how and why we process the personal data
that we hold about you in relation to your engagement with us.
If you have any questions or comments about this Privacy Notice, please contact:
Dee Ryder or Ian Bonhôte (Executive Producers & Joint Managing Directors)
Dee: +44 7946 396 991 / Ian: +44 7798 602 438
Dee: andee@misfitsentertainment.com / Ian: ian@misfitsentertainment.com
Prior to and throughout your engagement with us and for a period afterwards, we will collect, use and store personal data about you in order to meet our obligations in connection with your engagement with us.
When we collect and use information about you, we will likely do so as the “data controller”. This means that we are responsible for deciding the purposes and means for which the personal data that we hold about you is being processed. We will comply with all applicable data protection laws, including without limitation the UK GDPR and Data Protection Act 2018.
It is important that you read, understand and comply with any policies, notices or other information regarding personal data.
This Privacy Notice does not form part of any contract of employment, other contract of engagement or any contract for providing services.
2. The types of information we hold about you
We may collect, store, and use the following categories of personal data about you:
Personal contact & background data
• Personal contact details such as your full name, title, marital status, home address, personal telephone numbers, personal email addresses, photograph, copy of or details of your driving licence and/or passport and immigration status.
• Date of birth.
• Gender.
• Next of kin and emergency contact information.
• National Insurance number / Social Security number or other taxpayer or government identification
number.
• Bank account details, payroll records, student loan details (if any) and tax status information.
• Salary, annual leave, pension and benefits information.
Educational data
• Education records (including educational background, copies of diplomas, degree certificates, transcripts, training records or other evidence of academic achievement or work experience, technical skills, language capabilities).
Data relating to your engagement
• Date of hire, start date, dates of promotions, date of resignation or termination, reasons for resignation or termination and administration information such as references.
• Data produced during any immigration process.
• Location(s) of engagement.
• Recruitment information (including copies of right to work documentation such as copies of passport or work visas, correspondence and documentation relating to the engagement, references received and other information included in or with a CV or cover letter or as part of the interview process, such as photographs, video recordings, sound recordings and other audio-visual materials).
• Information from interviews (such as interview notes, photographs, video recordings, sound recordings and other audio-visual materials).
• Engagement records (including job title, work history, working hours, training records, and professional certifications, accreditations or memberships).
• On-boarding information (including acknowledgment of, where applicable, handbooks and policies, procedures and codes of conduct).
• Compensation history.
• Performance information (including internal reviews, performance appraisals, letters of recommendation or warnings, call sheets and other management records).
• Disciplinary and grievance information (including monitoring compliance with and enforcing our policies, procedures and codes of conduct).
• Sick pay, record of work absences, annual leave, maternity/paternity leave and other paid time off, entitlement and requests.
• Security information obtained through electronic means (such as swipe-card records).
• Information about previous interviews and/or applicationsfor roles made available by us and any previous engagement history.
• Information produced over the course of your work engagement (including photographs, video recordings, sound recordings and other audio-visual materials, as well as emails, voicemails, correspondence, paper and electronic documents).
"Special categories" of personal data
• Information relating to race or ethnicity, religious beliefs, sexual orientation and political opinions.
• Any trade union memberships held.
• Information relating to health, including any allergies and sickness absence records.
• Genetic information and biometric data.
• Photographs and CCTV footage.
3. How your personal data is collected
We may collect personal data about you in a variety of ways. Mostly, we collect personal data directly from you (and/or your professional advisers) in circumstances where you (and/or your professional advisers) actively provide your personal data to us. For example, through application and interview processes, CVs or resumes, identity documents, forms completed by you, correspondence with you or through interviews or meetings as well as during the course of your actual engagement-related activities if you are engaged with us.
We may sometimes collect additional information about you from third parties, including employment agencies, talent agencies, casting directors, your former employer(s), background check agencies and (in the case of swipecard data / CCTV footage) the landlord or building manager of any buildings or sites that we use in the ordinary course of our business.
You have obligations under your contract to provide us with certain information about you. In particular, you may be required to report absences from your engagement and provide information about disciplinary or other matters under the duty of good faith. You may also have to provide us with information in order to exercise your statutory rights. Failing to provide this information may mean that you are unable to exercise your statutory rights.
Certain information must also be provided by you in order to enable us to enter into a contract with you for your engagement. If you do not provide such information, this will hinder our ability to administer the rights and obligations arising as a result of our working relationship (such as an obligation to pay you). We may also be prevented from complying with our legal obligations (such as our obligation to ensure your health and safety).
4. Your duty to inform us of changes to your personal data
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your engagement with us.
5. How we will use information about you and on what basis
We need to process the information listed in paragraph 2 above in order to:
• perform our contract with you;
• enable us to comply with our legal obligations; and
• to pursue legitimate interests of our own or of third parties to operate our business, maintain safety, provided that the resulting impact on your interests and fundamental rights does not override those interests.
The purposes for which we will process your personal data are set out in the table below. Sometimes the legal bases for processing will overlap and there may be several legal bases that support our processing of your personal data.
Purposes
• Making a decision about your recruitment or appointment - LEGITIMATE INTEREST
• Producing television shows, as well as other content and materials related to such shows (such as promotional content) - LEGITIMATE INTEREST
• Determining the terms on which you work for us - LEGITIMATE INTEREST
• Checking you are legally entitled to work in the UK and dealing with or facilitating any relevant immigration process at the start, during or at the end of your working relationship with us - LEGAL OBLIGATION
• Liaising with your pension provider - PERFORMANCE OF CONTRACT AND LEGAL OBLIGATION
• Paying you and, if applicable to your work engagement (e.g. if you are an employee), deducting tax and National Insurance contributions - PERFORMANCE OF CONTRACT AND LEGAL OBLIGATION
• Administering the contract that we have entered into with you (including the administering any benefits relating to the contract) - PERFORMANCE OF CONTRACT AND LEGAL OBLIGATION
• Business management and planning, including accounting and auditing - LEGITIMATE INTEREST AND LEGAL OBLIGATION
• Conducting performance reviews, managing performance and determining performance requirements - LEGITIMATE INTEREST
• Making decisions about salary reviews and compensation - LEGITIMATE INTEREST
• Assessing qualifications for a particular role or task, including decisions about promotions - LEGITIMATE INTEREST
• Making decisions about your continued employment or engagement - LEGITIMATE INTEREST
• Making arrangements for the termination of your engagement - LEGITIMATE INTEREST
• Enabling your education, training and development requirements - LEGITIMATE INTEREST
• Dealing with legal disputes, disciplinary matters and grievances involving you, or other employees, workers and/or contractors, including, for example, accidents at work - LEGITIMATE INTEREST AND LEGAL OBLIGATION
• Ascertaining your fitness to work - LEGAL OBLIGATION
• Managing holiday, sick leave and any other absences (including family leave) - LEGITIMATE INTEREST
• Complying with our legal obligations (including anti-corruption, diversity monitoring and health and safety obligations) - LEGAL OBLIGATION
6. How we use special categories of personal data
‘Special categories’ of personal data such as (without limitation) data concerning health, are granted higher levels of protection by data protection laws. We will only process special categories of personal data if it is appropriate given the nature of the circumstances of your engagement and where we are legally able to do so. Under certain circumstances, we may use such personal data, in accordance with our legal obligations or to exercise specific rights in the field of employment law.
We need to have further justification for collecting, storing and using this type of personal data. We may process special categories of personal data in the following circumstances:
• In limited circumstances with your prior explicit consent.
• Where we need to carry out our legal obligations or exercise rights in connection with employment or other types of engagement.
• Where it is needed in the public interest, such as for equal opportunities monitoring.
Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else's interests) and you are not capable of giving your consent, or where you have already made the information public.
We may need to process your special categories of personal data in the following ways:
• We will use information relating to leaves of absence, which may include sickness absence or familyrelated leaves to comply with employment and other laws.
• We will use information about your physical or mental health or disability status to ensure your health and safety in relation to your engagement with us, to obtain the relevant insurance and to assess your fitness to work, to provide appropriate adjustments to production sets, to monitor and manage sickness absence and to administer benefits, and to comply with employment and other laws.
7. Information about criminal convictions
We do not foresee that we will process your criminal conviction related information. If we do, we will only do so because: (i) there is a legal basis to justify that processing; (ii) the law permits us to do so (such as so that we can carry out legal rights and obligations necessary in the context of the particular role); and (iii) we find it necessary, taking account of the nature of your engagement.
Our background checks may involve, for example, DBS checks in some cases or voluntary disclosure by you.
Where we do undertake this processing activity, we rely upon the legal bases of: (a) performance of a contract (being the contract of engagement with you that is being considered); and (b) our legitimate interests (being our interests in promoting the success of our business).
Where the background check is a voluntary disclosure by you of criminal records, we may then rely upon the legal basis of your consent - and we will make that clear to you at the relevant time during the interview process. If we undertake this processing on the basis of your consent, you can withdraw your consent at any time by getting in touch with us.
8. Data sharing
Third party service providers
We may share personal data with third party service providers insofar as it is reasonably necessary for the purposes set out in this Privacy Notice, provided that they do not make independent use of the information. We only permit them to process your personal data for specified purposes and in accordance with our instructions. All our third party service providers are required to take appropriate security measures to protect your personal data in line with our policies.
Our third party service providers include our group’s service providers (such as our insurance broker and providers, incentives, pensions and benefits broker and providers) and payroll administrators, as well as those who provide and support our management and data storage systems.
Group companies
We may share your personal data with other entities in our group as part of our regular reporting activities on company performance, in the context of a business reorganisation or group restructuring exercise, for system maintenance support and hosting of data.
Other third parties
We may share your personal data with other third parties, for example in connection with the provision of benefits, in the event of a sale or merger, where using professional advisors (e.g. bankers, accountants, auditors, legal representatives) or where required by law, court order, administrative agency or other government body (e.g. to HMRC), public authority or regulator to meet national security, law enforcement or other legal requirements.
Where we share your personal data with such third parties, we may do so on the basis of the legitimate interests of us, our shareholders, customers and other parties to a transaction, unless those interests are outweighed by prejudicial impacts upon you. Alternatively, we may share your personal with such third parties to enable us to comply with our legal obligations.
9. International data transfers
In the event that we need to transfer your personal data internationally, we would not transfer your personal data except, where required by applicable law, we had first put in place appropriate measures to ensure the adequate protection of your personal data. Those measures may include, for example, specific contracts containing the EU Commission's standard contractual clauses or another appropriate measure.
In the event an international data transfer of your personal data occurs and you require further information about the protective measures that we apply, please see contacts on Page 1.
10. Data security
We will take all reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal data.
Please be aware that, while we place a high priority on the security of all information that we hold and process and we endeavour to provide robust, commercially reasonable security at all times, no security system can prevent every possible kind of security breach.
11. Data retention
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting or reporting requirements. Once you no longer work for us, your personal data will only be retained in accordance with our internal information retention and archiving policy and/or applicable laws and regulations. All other personal data held about you will be permanently and securely deleted (or anonymised and/or aggregated).
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or accidental disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
12. Your rights in connection with personal data
You have the following rights over the way we process personal data relating to you:
• Request access. You have the right to ask for a copy of personal data we are processing about you.
• Request correction. You have the right to request correction of the personal data we hold about you, such as if it is incomplete or inaccurate.
• Request erasure. You have the right to request erasure of your personal data, where there is no legitimate reason for us to continue to process it, or where you have exercised your right to object to the processing (see below).
• Object to processing. You have the right to object to the processing of your personal data where we rely upon the legal basis of our (or a third party’s) legitimate interests for that processing.
• Request processing restriction. You have the right to ask us to suspend processing of your personal data, such as if you want to establish its accuracy or the reasons for it being processed.
• Request machine-readable copy and transfer. You have the right to request a machine-readable copy of your personal data, which you can use with another data controller. Where it is technically feasible, you can also ask us to send this information directly to another data controller if you prefer.
• Right to make a complaint. You have the right to make a complaint to a data protection supervisory authority. In the UK, the relevant supervisory authority would be the Information Commissioner’s Office.
• Right to withdraw consent. In the limited circumstances for any processing by us of your personal data for which we rely upon the legal basis of your consent, you have the right to withdraw your consent at any time upon notice to us. If you do, we will no longer process the relevant personal data.
If you wish to make a request or exercise your rights, please see contacts on Page 1. We aim to comply without undue delay, and within one month at the latest.
Please be aware that we may need to request specific information from you to help us 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 data is not disclosed to any person who has no right to receive it.
13. Changes to this Privacy Notice and applicability
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 data.
If you are unsure about how or if this Privacy Notice applies to you, please see contacts on Page 1.