Siren Films Ltd
1.1.1 references to we, us or our means Siren Films Ltd, a limited company registered in England (company number:04546211), whose registered office is at 5 Charlotte Square, Newcastle upon Tyne, NE1 4XF and which operates from the address shown in the How to Contact Us section below. Your personal data will be held by Siren Films Ltd.
1.1.2 references to you or yours means any individuals who:
(a) are employed or engaged by a Customer or who is a Customer (as defined below);or
(b) are a Filmed Adult (defined below) or are a Filmed Child (defined below);or
(c) are employed or engaged by a Supplier (defined below)
and who visits our Website (defined below) or who we film and come into contact with as part of our commercial operations in their capacity as either a Customer, Filmed Adult, Filmed Child or a Supplier;
1.1.3 references to Commissioned Film means a film that has been specifically commissioned for a customer for their sole use and acquisition;
1.1.4 references to Customer or Customers means any:
(a) entity buying or enquiring about the films and services we produce or sell; or
(b) individual who buys or makes enquiries about the films and services we produce or sell;
1.1.5 references to Filmed Adult or Filmed Adults means any individual over the age of 16 who we film as part of our commercial activities and references to Filmed Child or Filmed Children means any individual or individual under the age of 16 who we film as part of our commercial activities;
1.1.6 references to data protection law means the Data Protection Act 2018 and the General Data Protection Regulations (EU) 2016/679;
1.1.7 references to Supplier or Suppliers means any:
(a) entity who wishes to supply us or who is a supplier of goods and services to us; and
(b) individual who seeks to supply us or who is a supplier of goods and services to us; and
1.1.8 references to Website means the website found at [www.sirenfilms.co.uk] as amended from time to time.
2.1.1 when we speak to you on the telephone;
2.1.2 through your use of the Website;
2.1.3 through email and other forms of correspondence;
2.1.4 when we film you or your Filmed Child; and
2.1.5 when we visit you in your place of employment in relation to making a film in this setting.
2.4 You have the right to object to our use of your personal data in certain circumstances. Please see the Your Rights section below for a summary of your right to object (together with your other rights under data protection law) and the details of who to contact if you want to exercise any of these rights. Please see the section headed How to contact us if you want to get in touch with us.
2.5 Our Website is not intended for children and we do not knowingly collect personal data from any individual under the age of 16 from their use of the Website.
3 WHO IS RESPONSIBLE FOR THE PERSONAL DATA THAT WE COLLECT?
3.1 We are the data controller for the purpose of data protection law in relation to the personal data that we collect and use through our dealings with you, your use of the Website and when we visit you to make a film.
3.2 We are the data controller because we dictate the purpose for which your personal data is used and how we use your personal data.
4 WHAT PERSONAL DATA DO WE HOLD ABOUT YOU?
4.1 We collect and use personal data about you when you visit the Website, when we visit you to make a film, when we film you and in the course of supplying you with our films and services or when you choose to interact with us in any way. The personal data we collect includes:
4.2 Information you provide to us
4.2.1 Contact information such as name, title, address, email address and telephone number;
4.2.2 log in details such as your username and account number for access to your account on our Website and systems under our contract with you;
4.2.3 telephone recordings of telephone calls with our employees and staff;
4.2.4 username and account number for access to our Website;
4.2.5 details of complaints you or your employer make, your name, address, email address or telephone number and details about the service you received;
4.2.6 information about you enabling us to provide relevant material and details about our work and services such as contact information that is collected when you apply to use any of our services or buy our products, this information may also be collected when you use our Website, from you in person or over the telephone;
4.2.7 footage when we film you or a Filmed Child for whom you have parental authority, this personal data will comprise images filmed by us and our employees;
4.2.8 technical information from any device you use to access our Website such as your IP addresses, internet service providers, location information and device information; and
This includes information you provide:
- when you fill in forms for us either in hard copy form or on the Website and submit an enquiry to us;
- in communications between us, including e-mails, letters and agreements;
- when you engage with us and agree to be filmed or, where you have parental or legal authority for a Filmed Child and you agree on their behalf for them to be filmed by us;
- when you engage with us in relation to the provision of films or services and the supply of films and services; and
- any technical information (including your login information for the Website and, the extent that they constitute personal data, the IP address you use to connect your device to the internet and the browser type and version you use on your device).
4.3 Information we receive from other sources and or publicly available sources such as:
Facebook, Instagram, LinkedIn and Twitter, including your name, role and business contact details.
We may collect identity and contact information about you from the above public sources, and any other available sources as updated from time to time.
If you work for an organisation that we are interested in working with or carrying out business with, we may obtain your business personal details from a database that we have bought from a third party. If you would like to know which third parties we have acquired databases from, please get in touch with us using the contact details set out in the ‘How to Contact Us’ section.
4.4 INFORMATION ABOUT THIRD PARTIES
4.4.1 In the course of enquiring about using our services or accessing a film we have produced, or using the Website, you may provide us with personal data relating to third parties, for example you may provide us with the name and contact details of your employees. If you have parental or legal authority and are providing us with consent to film a Filmed Child, you will be providing us with personal data about the Filmed Child.
5 HOW DO WE USE THE PERSONAL DATA THAT WE COLLECT ABOUT YOU?
5.1 We use your personal data to manage our relationship with you, in connection with the provision of the Website, to produce films, which we sell and make available to third parties, to make our films and services available to you, to make enquiries and obtain supplies from you and to assist you. Under data protection law we can only use your personal data if we have a proper reason to do so which means a ‘legal basis’. We will rely on one of the following legal bases when we collect your personal data:
5.1.1 we have your consent;
5.1.2 it is necessary to enter into or perform a contract with you or your employer where you are acting on behalf of a legal entity (or to take steps at your request prior to entering into that contract); and
5.1.3 it is in our legitimate interests.
5.2 Where we rely on our legitimate interests we mean our:
5.2.1 pursuit of our commercial activities and objectives, or those of a third party;
5.2.2 compliance with a legal or applicable regulatory obligations and any codes of conduct;
5.2.3 improvement and development of our business operations and service offering; or those of a third party; or
5.2.4 protection of our business, shareholders, employees and customers, or those of a third party.
5.3 We have set out below the main reasons for using your personal data in the table below under the heading Legal Basis. Where we rely on our legitimate interests, we have set out those interests in the table below.
|To communicate with you and other individuals.||Legitimate Interests. We require your personal data in order to enable us to manage and carry out our operations as a business.
Necessary to enter into or perform a contract we have with you. This will only be applicable if you are a sole trader with whom we are providing services to or who is supplying goods or services to us.
|To carry out our obligations arising from any contracts entered into between you and us or in preparation of entering into a contract with you or the Supplier or Customer.||Legitimate interests. It is in our legitimate interest to comply with the terms of a contract we have in place with a Customer or Supplier.
Performance of a contract we have with you. This will only be applicable if you are a sole trader with whom we are providing services to or who is supplying goods or services to us.
|To enable us to film a Film Child or a Film Adult as the case may be, in a required setting in order to enable us to make films for educational and learning purposes.||Consent.|
|To improve the quality of the Website and your experience using the Website.||Legitimate Interests. We require your personal data to enhance, modify and personalize the Website and you or your employer’s general experience for your benefit or the benefit of the Customer or Supplier as applicable.|
To comply with any legal or regulatory obligations (including in connection with a court order or requests for information from the Crown Prosecution Service).
|Necessary to comply with a legal obligation to which we are subject.|
To provide you with information about the productions and services we offer (including newsletters and details of new services we can offer and which we believe may be of interest to you or your employer) in accordance with any specified preferences.
|Legitimate Interests. We require your personal data to enable us to manage and carry out our operations as a business.
|To manage complaints, feedback and queries and to provide customer support.||
Legitimate Interests. We require your personal data to enable us to manage and carry out our operations as a business
|To engage with you via social media or to follow your public posts on social media.||Legitimate Interests. We require your personal data to enable us to manage and carry out our operations as a business.
|To analyse and improve the services we provide and to evaluate and develop our business operations.||
Legitimate Interests. We require your personal data to enable us to manage and carry out our operations as a business
|To undertake security monitoring against email traffic to detect, investigate and resolve cyber threats.||
Legitimate Interests. We require your personal data to enable us to manage and carry out our operations as a business
5.4 Where we process your personal data on the legal basis of our legitimate interests (as set out above in the table), we have carefully considered and assessed your rights and freedoms which require protection of your personal data in respect of each specific purpose. Having undertaken this assessment, we have determined that our legitimate interests are not overridden by your rights under data protection laws. If you would like further information about how we have balanced your rights and freedoms against our legitimate interests, please get in touch with us using the details provided in the How to contact us section below.
5.5 Please note that sometimes we may be required to obtain your personal data to comply with our legal requirements, to enable us to fulfill the terms of our contract with you or in preparation of us entering into a contract with you. If you do not provide the relevant personal data to us, we will not be able to provide the films or services to you or to arrange payments.
5.6 If you wish to change your marketing preferences and you do not wish to hear from us, please let us know by contacting us using the details provided in the How to contact us section below.
6 WHAT SENSITIVE PERSONAL DATA DO WE HOLD ABOUT YOU?
6.1 We may also collect certain sensitive personal data if you are a Filmed Adult or a Filmed Child. This is because as a Filmed Adult or a Filmed Child (as relevant) we may collect personal data concerning your current physical medical condition, disability information and information relating to your race and ethnicity or religion. This is because where you are filmed, this information may be discernible.
6.2 When we process your sensitive personal data, we will rely on the legal basis of your explicit consent which will obtain from you before we film you, or where you are a Filmed Child, we will obtain from an adult with parental authority or with legal guardianship over you, before we film the Filmed Child.
7 WHO WE MAY DISCLOSE YOUR PERSONAL DATA TO
7.1 You agree that we may share your personal data with:
|Type of Third Party||Examples|
|Our service providers||Our business partners, suppliers and sub-contractors for the performance of any contract we enter into with you for example:
· [Google Analytics tracking Website use]:
· Mailchimp who provide marketing platform services to us;
· Adobe Cloud – video editing storage
· Rev.com – closed caption service
· Zendesk.com – website communication messaging service
· Stripe.com – card payments
· Google suite – email service
· Vimeo.com – video streaming site
· Youtube.com – video streaming site
· Quickbooks – online accountancy software
· WordPress – website content management system
· Woocommerce – e-commerce plugin for WordPress
· Woocommerce plugins
· our IT cloud services solution which is [Siteground.co.uk – webhosting service]:
· A current list of these third parties can be provided to you on request using the contact details set out in the section headed How to contact us.
|Institutions and organisations that are our Customers and who licence the films we produce for training purposes in the UK and internationally.||These third parties include the following:
· Universities such as Newcastle University;
· Local authorities such as Cambridgeshire County Council;
· Early Years Settings;
· Child minders;
· Early Education Training Companies;
· Children’s Charities;
· Local Education Authorities;
· Further Education colleges;
· Libraries; and
· Educational Publishers.
A current list of these third parties can be provided to you on request using the contact details set out in the section headed How to contact us.
|Our professional advisers.||
Including accountants, and other professional advisers that assist us in carrying out our business activities, a current list of these third parties can be provided to you on request using the contact details set out in the section headed How to contact us.
|International organisations who license our films for streaming in International jurisdictions.||
Universities and colleges in Australia, Canada, Ireland, Japan, India, New Zealand and the United States. A current list of these third parties can be provided to you on request using the contact details set out in the section headed How to contact us.
7.2 We will also disclose your personal data to other third parties, for example:
7.2.1 in the event that we sell or buy any business or assets where we disclose your personal data to the prospective seller or buyer of such business or assets;
7.2.2 if we or substantially all of our assets are acquired by a third party (or are subject to a reorganisation within our corporate group), personal data held by us, including films we have produced, will be one of the transferred assets; and
7.2.3 if we are under a duty to disclose or share your personal data in order to comply with any legal obligation we have, or in order to enforce or apply our legal rights under any contract we have with you.
7.3 Whilst we have listed above the different third parties with whom we share personal data, please be assured that we will not share all of your personal data with all of the third parties listed above. We will only ever share the minimum of your personal data with such third parties as are listed above as is is necessary for us to carry out our operations. The extent of the sharing of your personal data will differ depending on the nature of the relationship that you have with us.
7.4 For a full list of the third parties with whom your personal data may be shared, please contact us using the details provided in the How to contact us section below.
8 WHERE WILL WE TRANSFER YOUR PERSONAL DATA
8.1 We will process your personal data in the UK and worldwide including the following countries: Australia, Canada, Ireland, Japan, India, New Zealand and the United States. This is because we have licensing agreements with publishing organisations in these jurisdictions that provide streaming video services of the films we produce, to organisations in these jurisdictions.
8.2 When we transfer personal data outside the UK and the European Economic Area, we will implement appropriate and suitable safeguards to ensure that such data will be protected as required by applicable data protection law, for example we will seek to anonymise it. If we can’t anonymise your personal data we will take reasonable steps to ensure that your personal data is protected. If it is possible to do so we will rely on adequacy decisions that are in place with these countries and the UK or, we may use a standard set of data protection clauses, which have been approved by the European Commission in accordance with Article 46 of the GDPR.
8.3 Unfortunately, the transmission of information over the internet is not completely secure. Although we will do our best to protect your personal data, we are unable to guarantee the security of personal data transmitted to us and any transmission is at your own risk. Once we have received your personal data we will use strict procedures and security features to try to prevent unauthorized access. For further information, as to the safeguards we implement and to obtain a copy of such information, please contact the Data Manager by one of the means of communication set out in the ‘How to Contact Us’ section below.
9 HOW LONG WILL WE KEEP YOUR DATA?
9.1 We will retain your personal data for no longer than is necessary for the purpose for which the personal data is collected and processed. The period of time we hold your personal data will vary according to what that data is and the reason for which it is being processed.
9.2 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 unauthorized use or disclosures of your personal data and whether we can achieve those purposes through other means. We also consider any applicable legal, regulatory, tax, accounting or other requirements which may specify how long we should retain your personal data for.
9.3 Subject to the above, personal data about our Filmed Adults and Filmed Children will be retained in the films we produce and which we then licence to our Customers, for the time period that we consider reasonable taking into account how relevant the film is for our business operations, including how often it is licensed and requested. These films will be reviewed annually by our Board of directors who will consider whether they should continue to be offered for review and licence by Customer on the Website. Where the Board of Directors consider that any films should be withdrawn from our buinsess operations, the films will be deleted in a GDPR compliant way.
9.4 Personal data relating to Filmed Adults and or Filmed Children in Commissioned Films we produce for a specific customer will fall under the control of a separate controller when the film rights have passed to the Customer and we will have no jurisdiction over any personal data contained in these Commissioned Films from the point where the legal rights transfer to the Customer.
9.5 All personal data relating to Filmed Adults and Filmed Children that is held in an unedited format or which has been cut from a film but has been retained by us, will be held by us for a maximum period of ten years before it will be destroyed in a GDPR compliant way.
9.6 All personal data other than personal data relating to Filmed Adults and Filmed Children, that we hold will be retained by us for a maximum period of seven years from the date of any communication with us to allow us to:
9.6.1 respond to any queries or complaints that you may have; and
9.6.2 fulfill our obligations to the relevant tax authorities depending on where you are resident; and
9.6.3 and any other relevant governing bodies.
9.7 Full details of about how long we keep your personal data can be provided to you on request using the contact details set out in the section headed How to contact us below.
10 DATA SECURITY
10.1 We will seek to put in place appropriate security measures to guard against your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. For further information about these measures, please contact us using the details at section 14 below.
10.2 We have also 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 we are legally required to do so.
11 YOUR RIGHTS
You have certain rights with respect to your personal data. The rights will only apply in certain circumstances and are subject to certain exemptions. Please see the table below for a summary of your rights and who to contact to exercise them.
Summary of your rights
|Right of access to your personal data||You have the right to receive a copy of your personal data that we hold about you and information about how we use it, subject to certain exemptions.|
|Right to rectify your personal data||You have the right to ask us to correct your personal data that we hold where it is incorrect or incomplete.|
|Right to erasure of your personal data||You have the right to ask that your personal data be deleted in certain circumstances. For example:
|Right to restrict the use of your personal data||You have the right to suspend our use of your personal data in certain circumstances. For example:
|Right to data portability||You have the right to obtain your personal data in a structured, commonly used and machine-readable format and for it to be transferred to another organisation, where it is technically feasible.
The right only applies:
|Right to object to the use of your personal data (including to object to direct marketing, automated decision making and profiling)||You have the right to object to the use of your personal data in certain circumstances and subject to certain exemptions. For example:
|Right to withdraw consent||You have the right to withdraw your consent at any time where we rely on consent to use your personal data.|
|Right to complain to the relevant data protection authority||If you think that we have processed your personal data in a manner that is not in accordance with data protection law, you can make a complaint to the data protection regulator. In the UK this is the Information Commissioner’s Office (ICO) and they can be contacted on 0303 123 1113 or please see www.ico.org.uk. If you live or work in an EEA member state, you may complain to the regulator in that state.|
12 HOW TO COMPLAIN
12.1 If you think that there is a problem with how your personal data is being handled by us, please contact us using the contact details below.
12.2 You also have the right to complain to the Information Commissioner’s Office who can be contacted on 0303 123 1113. Please also see www.ico.org.uk.
14 HOW TO CONTACT US
14.2 telephone on [0191 2327900]:
14.3 email at [firstname.lastname@example.org]: and
14.4 post at [5 Charlotte Square, Newcastle, Tyne & Wear, NE1 4XF]
Please ask for [Katrina McEvoy].