introduction

This privacy notice describes how we collect and use personal information about you before, during and after your working relationship with Wildseed, in accordance with the General Data Protection Regulation 2016/679 (GDPR).

This notice applies to current and former employees, workers and freelancers. This notice does not form part of any contract of employment or other contract to provide services. We reserve the right to update this notice at any time.

It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information.

This policy tells you:

·       what information we might collect about you

·       how we might use that information

·       what your rights are as a data subject.

who are we?

This privacy notice refers to the processing of your data by Wildseed Studios Limited.  Where you are contracted to a company that is part owned or controlled by Wildseed (a ‘Group Company’) then this privacy notice will apply to how your data will be processed by that Group Company.  References to ‘Wildseed’, ‘we’, ‘us’ or ‘our’ in this privacy notice shall mean to Wildseed Studios Limited and any Group Company.

Wildseed is the ‘data controller’ of the personal data that we collect about you.  This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.

How does Wildseed collect data?

We collect personal information about you through the application and recruitment process and through our contracting and payment processes, either directly from you or sometimes from an employment agency or background check provider. We may sometimes collect additional information from third parties including former employers or entities that have engaged your services, credit reference agencies or other background check agencies (including but not limited to the Disclosure and Barring Service (or its successor/any relevant equivalent) and any relevant regulatory authority).

We will collect additional personal information in the course of job-related activities throughout any period of you working for us. In some circumstances, data may be collected indirectly by other means whilst you are working for us, for example, from Wildseed email and internet access logs.

What information are we processing and why?

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (called ‘anonymised’ data).

There are “special categories” of more sensitive personal data which require a higher level of protection.

We will collect, store, and use the following categories of personal information about you (where applicable):

·       Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.

·       Date of birth.

·       Gender

·       Marital status and dependents.

·       Next of kin and emergency contact information.

·       National Insurance number.

·       Bank account details, payroll records and tax status information.

·       Salary, annual leave, pension and benefits information.

·       Start date.

·       Copy of driving license and/or passport.

·       Recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process).

·       Employment records (including job titles, work history, working hours, training records and professional memberships).

·       Performance information.

·       Disciplinary and grievance information.

·       Information about your use of our information and communications systems.

·       Approved photographs.

We may also collect, store and use the following “special categories” of more sensitive personal information:

·       Information about your race or ethnicity.

·       Trade union membership.

·       Information about your health, including any medical condition, health and sickness records, and occupational health referral documentation and reports.

·       Information about criminal convictions and offences.

If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers).

Purposes for Processing Personal Data

In general, we will be processing your personal information as necessary to perform the contract of engagement between you and Wildseed and for compliance with legal obligations which Wildseed is subject to (whether under the contract we have entered into with you or otherwise). We will also use your personal information where necessary for the purpose of our legitimate interests, except where such interests are overridden by your interests or fundamental rights and freedoms.

We may also use your personal information in the following situations: where we need to protect your interests (or someone else’s interests) or where it is needed in the public interest or for official purposes.

The purposes for which we will process your personal information include (but are not limited to):

·       Considering your recruitment or appointment (including potential/future engagements with us).

·       Determining the terms on which you work for us.

·       Checking you are legally entitled to work in the UK.

·       Paying you and, if you are an employee or for some of our self employed workers, deducting tax and National Insurance contributions.

·       Providing the benefits to you set out in the contract we have entered into with you or otherwise agreed with you.

·       Liaising with your pension provider.

·       Administering the contract we have entered into with you.

·       Business management and planning, including accounting and auditing.

·       Conducting performance reviews, managing performance and determining performance requirements.

·       Making decisions about salary reviews and compensation.

·       Assessing qualifications for a particular job or task, including decisions about promotions.

·       Gathering evidence for possible grievance or disciplinary hearings (if you are an employee).

·       Making decisions about your continued employment or engagement.

·       Making arrangements for the termination of our working relationship.

·       Education, training and development requirements.

·       Dealing with legal disputes involving you, or other employees, self-employed persons, workers and contractors, including accidents at work.

·       Ascertaining your fitness to work.

·       Managing sickness absence.

·       Complying with health and safety obligations.

·       To prevent fraud.

·       To monitor your use of our information and communication systems to ensure compliance with our IT policies.

·       To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution.

·       Equal opportunities monitoring.

·       Complying with statutory or regulatory reporting obligations.

·       To give you access to our systems and enable you to use our IT services, including services provided by third party service providers.

·       To administer other services on your behalf such as processing expenses, booking travel or accommodation and other work related arrangements.

Please see the “Data Sharing” section of this privacy notice for further information on how we share your information with third parties.

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so unless there is another lawful basis on which we can process the data in question. Note that we may process your personal information without your knowledge or consent, in compliance with the foregoing, where this is required or permitted by law.

Some of our processing will involve special categories of sensitive information, as described above. This information will only be processed where data protection law allows this using a specific lawful justification, under one of the following bases where the processing is necessary:

·       where explicit consent has been given;

·       where the processing is necessary;

- for the purposes of carrying out our legal obligations, including the rights of you or Wildseed in relation to employment law

- for the purposes of the assessment of your working capacity on physical and mental health grounds;

- to protect your vital interests or of another person where you are physically or legally incapable of giving consent (for example in exceptional emergency situations, such as a medical emergency); or

- for the establishment, exercise or defence of legal claims; or

- for the public interest, such as equal opportunities or in relation to occupational or other schemes such as pensions.

We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data.

If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.

Personal Information relating to criminal convictions and offences will only be processed where authorised by applicable laws, and where appropriate given the nature of the role.  For example:

·       a criminal record check (for example from the Disclosure and Barring Service) may be carried out on recruitment or transfer where authorised by applicable laws; or

·       an allegation of a criminal offence or conviction arising during your relationship with Wildseed may be processed where required or authorised. For example where we have a legal or regulatory requirement to report an offence, or applicable laws authorise Wildseed to process information about the offence for the purpose of making decisions regarding your relationship with Wildseed.

Data Sharing

Your personal information will only be shared with third parties where required by law (for example with regulators), where necessary to administer our working relationship with you, or where we have another legitimate interest in doing so.  For example we may share your person information with providers of payroll, pension, IT services, lawyers, auditors, investors, and other professional advisors.  We may also share personal information in the context of the possible sale of the business with the foregoing parties.

These third parties carry out their tasks on our behalf and upon our instructions for the above mentioned purposes only. Your personal information will only be disclosed to these parties to the extent necessary to provide the required services.

We require third parties to take appropriate security measures to protect your personal information in line with our policies.  We do not allow third parties to use your personal data for their own purposes.

Where is my data transferred?

Your personal information is mainly processed within the European Economic Area (EEA), however from time to time your personal information (including special categories of personal information) will be transferred elsewhere in the world to third parties for processing in accordance with the purposes described in this privacy notice.

Your personal information may be transferred to countries whose data protection laws may be less stringent than yours. Where this is the case, Wildseed will ensure that appropriate or suitable safeguards are in place to protect your personal information and that its transfer is in compliance with applicable data protection laws.

How long does Wildseed keep my data?

We retain your personal information only so long as it is required for purposes for which it was collected, including for any legal and accounting obligations related to your services.  

In order to perform our contractual obligations and to comply with the applicable laws, we generally retain your information for the duration of your engagement plus a further seven years (and to the end of that financial year). Where you are credited on a programme or similar then we will continue to use your data in relation to such crediting for as long as the programme is transmitted, distributed and/or exploited.  Thereafter we will securely destroy your data, including that held by any third party, unless there is an obligation to retain it further.

We may keep some specific types of data, (for example tax records, pensions data) for different periods of time, as required by applicable law.

What rights do I have and how can I use them?

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us.

In law you are the ‘Data Subject’ and under certain circumstances, by law you have the right to:

·       Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.

·       Request correction of the personal information that we hold about you (to have any incomplete or inaccurate information we hold about you corrected).

·       Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).

·       Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.

·       Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.

·       Request the transfer of your personal information to another party.

If you want to exercise any of your rights above please contact admin@wildseedstudios.com.

Right to withdraw consent

Where you have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact admin@wildseedstudios.com. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose(s) you originally agreed to, unless we have another legitimate basis for doing so in law.

Contact

For any queries in relation to the above privacy notice, please contact admin@wildseedstudios.com.