Privacy Policy

  1. INTRODUCTION

In this privacy policy any reference to we, us, our and Chwarel is to Chwarel Cyfyngedig Limited is a company registered in England and Wales (company number 04210542) with its registered office at Lon Cefn Cwrt, Criccieth, Gwynedd, LL52 0EY.

We are a UK based television production company and your personal information is very important to us. This privacy policy concerns the personal information of people who are applicants, participants or contributors who we are considering, or have decided, to include in a programme.

We have set out below the information we collect about you and how we use that information. We will collect, process and retain any personal information collected from you in accordance with all laws and regulations relating to the protection of personal data, including the General Data Protection Regulation ((EU) 2016/679) (GDPR).

  1. WHAT INFORMATION DO WE COLLECT ABOUT YOU?

The information we process may include your name, address, email address, IP address, gender, date of birth, age, phone number, passport details or other national identifier, driving licence, your national insurance or social security number and income, employment information and details about your previous roles and personal history. We collect information about you from a number of sources, including from you directly. See below for more information.

  1. Information that you give us:

  • from any documentation that you complete when you apply for a role or part in, or contribute to, a programme when you provide it to us in correspondence and conversations (e.g. application telephone interviews, pre-filming questionnaires and release forms);

  • when you apply, participate or contribute to a programme, and you provide information which is relevant to your application or contribution. The information will be dependent on the nature of the programme, but where relevant this could also include special category data such as medical information, political opinions, sexual orientation and where relevant your criminal history. The nature of the programme and the information which we will be asking you for will be explained to you in advance; and

  • with your consent, we will pass your email address to Silvermouse and Soundmouse who may contact you as part of the television industry’s commitment to monitoring diversity as part of the Diamond project. This is the diversity monitoring system managed by the Creative Diversity Network (CDN) on behalf of UK broadcasters BBC, ITV, Channel 4, Channel 5 and Sky. You can find out more about Diamond here: http://creativediversitynetwork.com/diamond-contributors/.

  1. Information we obtain from others:

  • publicly available and accessible directories and sources;

  • social media platforms, including Facebook, Instagram, Twitter, Linkedin;

  • subscription only databases such as Factiva, Lexis Nexis and Reuters;

  • governmental and competent regulatory authorities to whom we have regulatory obligations;

  • agents and production companies;

  • fraud prevention and detection agencies and organisations; and

  • where we need to do so for regulatory purposes, and this is in the public interest, crime enforcement and criminal records agencies such as Disclosure Scotland and uCheck.

  1. HOW DO WE USE THIS INFORMATION?

We collect information about you to assess your suitability to contribute and participate in a programme. If you are selected to participate in one of our programmes we will use the personal information you have provided us for the purposes of developing, producing, distributing and administering the programme you have chosen to participate in.

Your personal information will not be used for any marketing or sales purposes. However we may, subject to your agreement, contact you about other programmes we think you may be interested in.

However we use your information, we will make sure that such use complies with all laws and regulations relating to the protection of personal data. Such laws and regulations allow us to use personal data for a variety of reasons. These include:

  • in order to perform our contractual obligations with our clients, customers and suppliers;

  • where we have obtained your consent;

  • in order to discharge our legal and regulatory obligations;

  • in order to establish, exercise or defend our legal rights or for the purpose of legal proceedings;

  • as is necessary for our legitimate business interests, such as:

  • allowing us to effectively and efficiently manage and administer the operation of our business (being the development, production and distribution of television programmes);

  • to commercially make full use of either the entire programme or clips from the programme in the UK and around the world, for the period in which we have rights in the programme;

  • to share with our professional advisors and/or the commissioning entity or commissioning broadcaster that we are producing the programme for, any co-producer that we are producing the programme with, and/or any financier of the programme;

  • maintaining compliance with internal policies and procedures; and

  • monitoring the use of our intellectual property.

Information we collect about you when you visit and use our website will be used by us to ensure our website is presented in the most effective way for you and your computer, and for internal record keeping. For more information see COOKIES below.

  1. WHO DO WE SHARE YOUR INFORMATION WITH?

Your information will be used by the relevant production team for the purposes of producing the programme. It may also be shared internally with the business affairs team to prepare contractual documentation or provide legal advice, with the finance team where a payment is required, and any other in-house teams involved in the development, production and distribution of the programme.

We may pass your information to our third-party service providers such as agents, subcontractors and other associated organisations for the purposes of facilitating your application for and inclusion in a programme you are interested in taking part in. However, when we use third party service providers, we disclose only those elements of your information that are necessary to deliver the required service.

We will not share your personal information with any third parties, unless you give us your consent to do so or we are authorised to do so by law.

  1. DATA STORAGE AND RETENTION

We do not retain your information for longer than necessary for the purpose it was collected.

We keep your personal data for as long as it is required by us for our legitimate business purposes, to perform our contractual obligations, or where longer, such longer period as is required by law or regulatory obligations which apply to us.

In general we keep your information only for the period we have legal rights to exploit the programme that your information relates to. We will usually delete your personal information at the end of that period, but it is likely this period will be a minimum of 6 years.

  1. DIVERSITY MONITORING

Chwarel contribute to an television industry-wide diversity monitoring initiative called Diamond. The Diamond project uses personal information regarding on and off-screen contributors to programmes to report on the diversity of TV production in the UK.

If you have provided us with your email address (unless you have asked us not to) we will share this with Creative Diversity Network Limited (CDN), Soundmouse and Silvermouse and you will be invited to participate in the Diamond project.

The company running the Diamond project will contact you to ask whether you are willing to contribute to the project by providing certain information regarding your diversity characteristics such as gender, ethnicity, disability, age, gender identity and sexual orientation. This information is collected, processed and stored anonymously on the Diamond system, with the relevant data being jointly controlled by the main UK broadcasters including the BBC, ITV, Channel 4, Channel 5, CDN and Sky. If you provide Diamond with your diversity data, they will issue you with a separate privacy notice.

  1. ACCESSING YOUR INFORMATION

You have rights when it comes to how we handle your information. These rights include:

  • The right to be informed

  • The right of access

  • The right to rectification

  • The right to erasure

  • The right to restrict processing

  • The right to data portability

  • The right to object

  • Rights in relation to automated decision making and profiling

If you would like to exercise any of your rights in relation to your information, please contact us directly using the contact details below. If we cannot comply with your request to exercise your rights we will usually tell you why.

There will not usually be a charge for handling a request to exercise your rights.

  1. COOKIES

A cookie is a small file of letters and numbers that we put on your computer. We use cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to our visitors’ needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of our website.

  1. LINKS TO OTHER WEBSITES

Our Website may, from time to time, contain links to and from other websites. If you follow a link to any other website please note that these websites may have their own privacy policies and we do not accept any responsibility or liability for these policies.

  1. OUTSIDE THE EEA

We use certain third-party companies to distribute our programmes on our behalf and may also use secure servers operated by third parties to store your information. These third-party companies are only allowed access to your information as is necessary to perform these functions. They are not allowed to use your information for any other purpose.

Some of these third-party companies are either located and/or operate outside the EEA. Where we share your information with such companies, we will take all steps necessary under GDPR to ensure that your information is treated securely and in accordance with this privacy policy.

  1. CHANGES TO OUR BUSINESS

If we become involved in a merger, acquisition, restructuring, reorganisation or other transaction involving the sale of some or all of our assets, then your information may be included in the assets which are transferred to the new owner and may be provided to the entities and advisors involved.

If there are changes to our business (such as a reorganisation or restructuring), your personal information will remain subject to this privacy policy. However, where your personal information is transferred to a new owner following a merger or acquisition, it may be subject to a different privacy policy. We, or the new owner, will provide notice to you (where practicable) before any of your personal information becomes subject to a different privacy policy.

  1. CHANGES TO OUR PRIVACY POLICY

We keep our privacy policy under regular review and we may change it from time to time. Any updates will be posted on this webpage.

This policy was last updated in February 2021.

  1. HOW TO CONTACT US

If you have any questions about our privacy policy or the information that we hold about you please contact us at:

  • Data Protection Officer, Chwarel Cyfyngedig Limited, Lon Cefn Cwrt, Criccieth, Gwynedd, LL52 0EY.

  1. INFORMATION COMMISSIONER’S OFFICE (ICO)

The ICO is the UK's independent body set up to uphold information rights.

If you are unhappy about the way in which your information has been handled you are able to contact the ICO at www.ico.org.uk/concerns.


Child Protection Policy

  1. ABOUT THIS POLICY

We are committed to safeguarding the welfare of children and young people.

This policy establishes the responsibilities of everyone who works for the Company with regard to the protection of children and young people when working with or when brought into contact with children and young people.

In the context of child protection, children and young persons refers to anyone under 18 years of age.

This policy reflects the principles of both UK legislation and guidance and seeks to be consistent with 'Best Practice' within the field of child protection.

This policy is also designed to adhere to the child protection standards established by UK broadcasters.

  1. KEY PRINCIPLES

The key principles are:

The welfare of the child or young person is the paramount consideration and should be at the heart of the production;

All children and young people, regardless of age, disability, gender, racial or ethnic origin, religious belief and sexual identity have a right to protection from harm or abuse;

It is the responsibility of all staff of the Company to promote the protection of children and young people and to comply with this policy. Staff are always expected to maintain a sense of proportion, apply common sense to situations and protect the child's welfare as priority.

  1. PRINCIPLES OF GOOD PRACTICE

The Company undertakes to:

       treat children and young people with care, respect and dignity;

recognise that those working for the Company will be perceived by children and

young people as trusted persons and therefore all staff must comply will this

policy;

ensure communication with children and young people is open and clear;

assess the risks posed to children when undertaking activities;

ensure staff avoid physical contact with children and young people except for reasons of health and safety, or under supervision;

respond to any allegations appropriately and implement a disciplinary process as appropriate; and

review this policy on a regular basis.

  1. RECRUITMENT AND DISCLOSURE

New appointments

As part of the Company’s recruitment and selection procedures, all staff recruited to work specifically with children will complete a Child Protection Self Disclosure form to confirm that they have no previous record of any child-related offence.

Where a position entails regularly caring for, training, supervising or being in sole charge of children offers, of employment will be subject to a DBS (Disclosure and Barring Service) check and satisfactory references.

Current staff

Current staff, whose roles do not entail working with children, may on occasion work on projects that involve supervised contact with children. In such circumstances, they will be required to complete a Child Protection Personal Disclosure form. Staff who disclose that they have been convicted of any offence relating to children and young people and/or disciplinary action or sanction relating to children, will not be permitted to work on any production/project with involves children.

In cases where a role entails regularly caring for, training, supervising or being in sole charge of children a DBS check will be required before the role is undertaken Such staff may require a renewed DBS check in certain circumstances and as at regular intervals as required by the Company.

Disclosure Service

The disclosure service is provided by the Disclosure and Barring Service and provides a regulated checking process against official data sources. The DBS is aimed at helping organisations make more informed recruitment decisions by reducing the risk of appointing someone with an unsuitable background to particular types of work.

Disclosure applications are checked against records of people banned from working with children held on the Police National Computer and by local police forces as well as other statutory lists.

  1. MANAGEMENT RESPONSIBILITY – CHILD PROTECTION OFFICER

Sioned Wyn the Company Director, shall be the company’s Child Protection Officer. They shall decide which positions require DBS checks and is the focal point for all child protection issues.

They should be contacted if staff believe that a child may be at risk of harm, and/ or staff are told by a child or young person of a child welfare issue.

The Procedures for concerns regarding children and young persons under the Company’s control are set out in the Schedule.

  1. HEALTH AND SAFETY

The Company’s health and safety policy gives guidance to those whose roles involve working with children and young persons.

A full health and safety risk assessment will be completed before bringing any child onto a location or set. Where a child or young person is involved, the risk assessment must take account of their particular vulnerabilities, which will include child protection.

The risk assessment should also set out what arrangements are in place for their care and supervision, e.g. by a school, parent, guardian or chaperone and how these arrangements will be communicated to the appropriate parties. It is recommended that during a production an appropriate person – a child “buddy” – is given responsibility to oversee, check and document the child’s welfare throughout and it is prudent that the child’s parent or guardian has access to this person throughout the production.

The Company will always work within statutory hours allowed for working with children; tutoring will be provided in line with current legislation as required.  Particular attention will be given to scheduling in regular rest breaks and ensuring that refreshments are provided.

Appropriate clothing and facilities will always be provided according to the conditions involved for filming, i.e. warm, dry shelter if filming in cold weather; water/sunscreen/shaded shelter from sun if filming in hot weather

  1. TRANSPORT

Children

When children are being transported on behalf of the Company they should be accompanied by a parent, guardian, chaperone or teacher.

All children for whom a licence is required during engagement with the Company must be accompanied by their registered chaperone or parent whilst travelling. The registered chaperone is the name that appears on the local authority licence.

In the very exceptional cases where a child who does not require a licence is to be transported unaccompanied by their parent, guardian, chaperone or teacher, this must be with taxi companies that provide drivers with suitable background checks and satisfactory DBS checks (approved taxi companies), or by a member of staff who has a satisfactory DBS checks, and in either case only with the specific prior consent of their parent or guardian.

Young Persons

A Young Person is someone who is over school leaving age, so does not require a licence or chaperone, but is under 18.

Young persons engaged on productions who may travel unaccompanied, on behalf of the Company should be transported by approved taxi companies or a member of staff who has a satisfactory DBS check. Written parental/ guardian consent should be sought for this.

ACCOMMODATION

Children

Any child will be accompanied by a registered LEA chaperone if required to stay overnight on any production. Should a parent prefer to accompany and stay overnight with their child then this wish should be respected.

Young Persons

Written parental/guardian consent will be sought before a Young Person is asked to stay unaccompanied overnight in accommodation

  1. OTHER GENERAL WELFARE CONSIDERATIONS SET OUT UNDER THE OFCOM BROADCASTING CODE

In addition to having in place appropriate essential child protection procedures, the Company shall seek to comply with the general welfare obligations for children set out for broadcasters under the Ofcom Broadcasting Code (Code).

The Code sets out the following duties of care:

Due care must be taken over the physical and emotional welfare and the dignity of people under eighteen who take part or are otherwise involved in programmes. This is irrespective of any consent given by the participant or by a parent, guardian or other person over the age of eighteen in loco parentis;

Children under eighteen must not be caused unnecessary distress or anxiety by their involvement in programmes or by the broadcast of those programmes; and

Prizes aimed at children must be appropriate to the age range of both the target audience and the participants.

In order to ensure compliance with the Code, the Company shall also seek to adhere to any guidance issued by Ofcom from time to time that underpins these broadcaster duties. In addition, we should also liaise closely with those editorially responsible for the programme and with the broadcaster’s compliance and legal officers, as appropriate.

SCHEDULE

  1. CONCERNS REGARDING CHILDREN AND YOUNG PERSONS UNDER THE COMPANY’S CONTROL.

Any person working on behalf of the Company who is concerned about a child or young

person involved with the company should refer the matter to the nominated child

protection officer manager.

Based on the circumstances allegations of harm will be will dealt with in the following way:

Where it is believed that a child or young person may have been abused, harmed or may be at imminent risk of harm: Contact the police and/or social services;

Where it is believed the child or young person is not at imminent risk of harm, but there are concerns: The nominated child protection officer manager will clarify the concerns, record information and alert line management and decide a course of action. A course of action may include:

Contacting the police;

Seeking guidance from social services and/or child protection agencies;

Investigation, followed by course of action agreed and implemented;

If concerns remain, agree to monitor and review the situation; or

Record concerns, but further action not taken.

 

  1. ALLEGATIONS MADE AGAINST STAFF

Allegations made against Staff would trigger an investigation and formal disciplinary process (as appropriate).

  1. GENERAL LINKS OF RELEVANCE:

Disclosure Scotland: http://www.disclosurescotland.co.uk/what-is-disclosure/  

Disclosure and Barring Service:

https://www.gov.uk/government/organisations/disclosure-and-barring-service

         

Ofcom Broadcasting Code:

http://stakeholders.ofcom.org.uk/binaries/broadcast/guidance/831193/section1.pdf

Cookie Policy