Introduction

At Mediapack, we take the wellbeing of those who appear in our productions as seriously as we take the processing of our customers’ information.

This privacy notice tells you what to expect us to do with your personal information:

• Contact details

• What information we collect, use, and why

• Lawful bases and data protection rights

• Where we get personal information from

• How long we keep information

• How to complain

Contact details

Email us at: info@mediapackuk.com

What information we collect, use, and why

We collect or use the following information to provide services and goods, including delivery:

• Names and contact details

• Addresses

• Payment details, where applicable (including card or bank information for transfers and direct debits)

• Photographs or video recordings

We collect or use the following information for the operation of customer accounts and guarantees:

• Names and contact details

• Addresses

• Payment details, where applicable (including card or bank information for transfers and direct debits)

• Purchase history

• Marketing preferences

We collect or use the following information for service updates or marketing purposes:

• Names and contact details

• Marketing preferences

• Recorded images, such as photos or videos

• Records of consent, where appropriate

We collect or use the following personal information for dealing with queries, complaints or claims:

• Names and contact details

• Address

• Account information

• Purchase or service history

• Correspondence

Lawful bases and data protection rights

Under UK data protection law, we must have a “lawful basis” for collecting and using your personal information. There is a list of possible lawful bases in the UK GDPR. You can find out more about lawful bases on the ICO’s website.

Which lawful basis we rely on may affect your data protection rights which are set out in brief below. You can find out more about your data protection rights and the exemptions which may apply on the ICO’s website:

• Your right of access - You have the right to ask us for copies of your personal information. You can request other information such as details about where we get personal information from and who we share personal information with. There are some exemptions which means you may not receive all the information you ask for. Read more about the right of access.

• Your right to rectification - You have the right to ask us to correct or delete personal information you think is inaccurate or incomplete. Read more about the right to rectification.

• Your right to erasure - You have the right to ask us to delete your personal information. Read more about the right to erasure.

• Your right to restriction of processing - You have the right to ask us to limit how we can use your personal information. Read more about the right to restriction of processing.

• Your right to object to processing - You have the right to object to the processing of your personal data. Read more about the right to object to processing.

• Your right to data portability - You have the right to ask that we transfer the personal information you gave us to another organisation, or to you. Read more about the right to data portability.

• Your right to withdraw consent – When we use consent as our lawful basis you have the right to withdraw your consent at any time. Read more about the right to withdraw consent.

If you make a request, we must respond to you without undue delay and in any event within one month.

To make a data protection rights request, please contact us using the contact details at the top of this privacy notice.

Our lawful bases for the collection and use of your data

Our lawful bases for collecting or using personal information to provide services and goods are:

• Consent - we have permission from you after we gave you all the relevant information. All of your data protection rights may apply, except the right to object. To be clear, you do have the right to withdraw your consent at any time.

• Freedom to photograph and film. There is no law preventing the capture of images in public places. Where we do not have direct consent from anyone who appears in any photographic or video material captured in a public place, we will ensure that their portrayed actions are accurately represented and do not, in any way, present a negative or embarrassing image. We will not capture images of children in any situation where there is not prior consent.

Our lawful bases for collecting or using personal information for the operation of customer accounts and guaranteesare:

• Consent - we have permission from you after we gave you all the relevant information. All of your data protection rights may apply, except the right to object. To be clear, you do have the right to withdraw your consent at any time.

Our lawful bases for collecting or using personal information for service updates or marketing purposes are:

• Consent - we have permission from you after we gave you all the relevant information. All of your data protection rights may apply, except the right to object. To be clear, you do have the right to withdraw your consent at any time.

• Freedom to photograph and film. There is no law preventing the capture of images in public places. Where we do not have direct consent from anyone who appears in any photographic or video material captured in a public place, we will ensure that their portrayed actions are accurately represented and do not, in any way, present a negative or embarrassing image. We will not capture images of children in any situation where there is not prior consent.

Our lawful bases for collecting or using personal information for dealing with queries, complaints or claims are:

• Consent - we have permission from you after we gave you all the relevant information. All of your data protection rights may apply, except the right to object. To be clear, you do have the right to withdraw your consent at any time.

Where we get personal information from

• Directly from you

• Video footage or other recordings (if we capture your image in a public place or another situation where filming is permitted)

How long we keep information

Raw video footage acquired during the normal process of our business, whether obtained with consent or without consent in public places will be held indefinitely as stock footage, following the initial production. 

The footage may be required also for use within projects that are reworked or updated at a later date. All raw footage is stored offline, while all published material, including individual clips sold as stock media, is stored on online video platforms such as (but not limited to) Youtube, Vimeo, Pond 5, Newsflare, Facebook or Instagram.

Personal information such as names, addresses, payment details, account information, will be held and disposed of in accordance with the Mediapack Ltd Information Retention Schedule. 

How to complain

If you have any concerns about our use of your personal data, you can make a complaint to us using the contact details at the top of this privacy notice.

If you remain unhappy with how we’ve used your data after raising a complaint with us, you can also complain to the ICO.

The ICO’s address:           

Information Commissioner’s OfficeWycliffe HouseWater LaneWilmslowCheshireSK9 5AF

Helpline number: 0303 123 1113

Website: https://www.ico.org.uk/make-a-complaint

Mediapack Ltd Information Retention Schedule

Information Type

Raw Footage including images of individuals, obtained in the course of business, by consent or without consent (as part of filming in public spaces)

Retention Period 

Indefinite

Comment

The footage may be required for future use as part of re-worked projects for clients.

Information Type

Names, addresses, payment information 

Retention Period

Indefinite where there are ongoing transactions or interactions. 3 years from the last active transaction once ceased.

Information Type

Business Records (contracts, agreements, licences, financial and tax records, expense accounts, insurance records)  

Retention Period

6 years from the last financial year the documents relate to

Information Type

Sales and purchase records

Retention Period

6  years after last entry

Supporting Notes

Video & Photography

There are often instances where members of the public are filmed in a public place and where these shots are unavoidable or necessary in order to successfully tell the story in question or to provide a representative image of a particular place. In this instance, we will only ever use an image of a member of the public if it is necessary and if they are portrayed in a normal positive way. We will never use footage of someone doing anything which may be of embarrassment to them later or which may reveal some aspect of their behaviour which is detrimental to their wellbeing.

Filming in public places, even where no warning signs are displayed is permitted in law, as is photography. There is guidance around this principle though and it is accepted that no-one should be portrayed doing anything which might be considered embarrassing, humiliating or incriminating. If people are simply going about their daily business in a public place and they appear within a shot, which is not specifically targeting them, it is generally accepted that this is usable. If, however, anyone were to approach one of our filming teams and request that any footage of them is deleted, we will always abide by this request if it is at all possible. Where we are filming a ‘one off’ moment in a public place and a re-shoot is not possible, we may use the shot but take whatever measures we can to obscure the person in question, if that is technically feasible without also obscuring the action being filmed.

Following the switch to the General Data Protection Regulations in May 2018, we have further tightened our procedures in relation to obtaining consent and in relation to the nature of general filming in public places. In the past however, it has not always been possible, while filming for any of the projects we have undertaken, to obtain consent from people when we are filming in public places and so we have made special allocation for these situations in terms of providing a clear path by which anyone can make contact with us to discuss use of their personal image within already published videos.

Here is a simple overview of our position on existing works that were filmed prior to 25th May 2018:

• All contributors to video projects have a right to change their mind about their participation within the video and to request their removal from it.

• We will give full consideration to any request relating to a person's participation or appearance within a video and, if it is possible to remove them from it without detrimental affect to the finished work, we will happily do so.

• We will happily remove a person's name from a video title or from 'metadata' supporting a video if requested, regardless of whether they wish to be removed from a video or not.

• We reserve the right to decline a request to remove a pre-agreed contribution, where it would significantly affect the storyline or render the finished work not longer viable or where it is technically not possible to do so (perhaps because the original edit is no longer in existence), meaning the only option would be to un-publish the work and where that work is still of value to Mediapack or our clients.

• If the only option following a request to be removed from a video is for the video to be un-published and if the video itself is no longer an important piece of work for Mediapack or its clients, we will happily remove the whole video and un-publish the work.

2018 and Beyond

While the list above relates to work which has been filmed prior to the GDPR switch over in May 2018, our position on requests for removal from a production remains the same and we will do our best to accommodate any request or concern.

From May 2018, we are increasing our scrutiny of contributor consent (where we are filming for clients) and also tightening our procedures around filming in public where no consent is possible, so the only change will be that it is even less likely that someone will find themself in the position of wanting their contribution removed because far greater information and explanation of how their image will be used will be provided in advance, in plain English.

For anyone taking part in a video, you will continue to be asked to sign a release form granting Mediapack full copyright over your contribution to the video you are taking part in (this part hasn't changed). The wording of the release form will be as simple as possible and it will set out how the footage will be used, both in terms of the primary production and, also, in relation to its potential re-use within future productions (contributions are frequently re-purposed for different uses and this is invaluable for clients in terms of getting the most value out of any production).

Where possible, the release form will state the destination of the primary production (YouTube, Vimeo, Facebook etc) and also any secondary sharing which might take place. It isn't possible to state every possible channel or platform which a video might be shared across, given the nature of video sharing on social media, however the release form will list the main intended channels and also advise on the potential scope of sharing beyond the planned activity.

Storing of Imagery

No raw footage is stored in the cloud or online, so the raw footage in which a person might appear is not subject to a hacking or theft risk. The only content which is online is that which has been published and therefore in the public domain or previews for editorial consideration by clients.

Other Personal Data

We only store contact information and other data on clients and contributors with whom we are working. Within the contributor release form we will expressly seek consent from the contributor to store their basic contact info, purely for the purposes of liaising with them about their participation in this or any future productions. We will not share this contact information with any other organisation (we will seek consent within the release form for their details to be shared with the commissioning client of the video if applicable) and we will not contact the contributor in relation to anything other than their participation in this or any future video production.

If we wish to communicate further with any contributor we will always suggest that we connect on one or other social media platform, where the person in question has full control over the conversations they have and where they have additional protections in the form of privacy controls.

How to contact us

If you want to discuss any aspect of a published video or your contribution to a forthcoming video, please use the email at the top of this Privacy Notice or the contact section on this website first of all, giving the subject as 'Video Appearance Query' and we will respond directly as quickly as possible.