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Privacy Policy

PRIVACY POLICY

Below are the principles of personal data processing and cookie policy of Papaya Films (hereinafter referred to as the “Papaya Films” or just “we”).

The policies below apply to:

  • subscribers of our newsletters,
  • participants of our castings and projects,
  • business partners, e.g., clients, contractors, associates as well as their employees and representatives,
  • participants of Papaya Films’ events, competitions and workshops, including Papaya Films Academy
    and Papaya New Directors,
  • individuals contacting us via e-mail or traditional mail,
  • visitors of our websites.

Controllers

Depending on the case, personal data may be stored and processed by one or several Papaya Films companies:

1. Papaya Films sp. z o.o., a Polish limited liability company with its registered office in Warsaw, ul. Wiślana 8, 00-317 Warszawa, Poland, whose registration files are kept by the District Court for the capital city of Warsaw in Warsaw, 12 th Economic Division of the National Court Register, under KRS No. 0000248028, holding tax identification number NIP 113-25-90-223, its share capital amounting to zł 100,000.00 (“PF WAW”),
in relation to persons contacting PF WAW, users of our websites, recipients of our newsletters, PF WAW business partners and participants of castings, projects, events, competitions and workshops organized by PF WAW,

2. Papaya Films Ltd, a limited liability company incorporated under the laws of England and Wales with its registered office in London, Rivington Place, London RX2A 3BA, United Kingdom, registered in the Companies House under company number 09733633 (“PF LDN”),
in relation to persons contacting PF LDN, PF LDN business partners and participants of castings, projects, events, competitions and workshops organized by PF LDN,

3. Papaya Films Inc., a Delaware limited liability company with its registered office in New York, 85 Delancey Street, Floor 2, 10002-3182 New York City, USA, DOS ID no. 5078855 („PF NY”),
in relation to persons contacting PF NY, PF NY business partners and participants of castings, projects, events, competitions and workshops organized by PF NY,

4. Papaya Films, Unipessoal LDA, a limited liability company incorporated under the laws of the Portuguese Republic with its registered seat in Lisbon, Av. da República, 6, 1.º Esq., 1050-191 Lisboa, Portugal, NIPC 516096524 („PF LX”),
in relation to persons contacting PF LX, PF LX business partners and participants of castings, projects, events, competitions and workshops organized by PF LX.

You can contact us regarding personal data by writing an e-mail to privacy@papaya-films.com or by sending a letter to one of the above-mentioned addresses.

Legal basis

We process the provided personal data according to the following provisions:
1. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.04.2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, as amended (General Data Protection Regulation, “EU GDPR”), as well as national implementing acts and law provisions – in relation to the processing of data by PF WAW and PF LX,

2. UK Data Protection Act of 2018 (2018, c. 12, as amended; “UK GDPR”) – in relation to the processing of data by PF LDN,

3. applicable US regulations – in relation to the processing of data by PF NY.

Newsletter and e-mail marketing

1. [data controller] PF WAW is the controller of personal data processed in case you grant us your consent to receive our newsletter or information about our events, offers and other Papaya Films activities, i.e., this entity decides on the content and profiling of newsletters and such information.

2. [newsletter consent] Based on your consent to receive our newsletter or information about our events, offers and other Papaya Films activities, we will send to your e-mail address our newsletters and other information about our events, competitions, workshops and our other initiatives or offers.

3. [data categories] For this purpose, we will process your e-mail address, country of origin based on your IP address and other data you provide to us.

4. [opting out] You will be receiving updates until you choose not to receive such content or we decide not to send it. You can opt out (i.e., withdraw consent or express your objection) using the dedicated button that appears in e-mails we send or by contacting us at the address provided above.

5. [profiling] Using the provided data, we will try to adjust our content to your interests. The basis for profiling is the legitimate interest of the controller to optimize our marketing activities by selecting content for appropriate user groups. Such profiling is not used for automated decision-making which produces legal effects concerning you or similarly significantly affecting you.

6. [other information] Read this section of the privacy policy together with the last one (“Common points”). There you will find other information about processing your data and your rights.


Casting for Papaya Films projects

1. [data controller] The controller of your data provided during a casting and during the production of a project is the Papaya Films company which organizes the casting.

2. [policy recipient] These provisions apply to both the processing of artist's data (e.g., actors) as well as their agents and other intermediaries (e.g., statutory custodian). Both the artist and agent or intermediary are hereinafter referred to as ''you''. If as e.g., an agent you act as the intermediary in contact with the artist whose data you provide to us, in order to ensure the correct participation of the artist in the casting, you should pass this policy onto them as soon as you receive it.

3. [processing purposes] The data will be processed in order to implement the project specified in the document or announcement referring to this privacy policy, in particular to select project participants, prepare and verify their list, contact the participants and agents, conclude, execute and store documents and
contracts concluded with you or concerning you, and in the case of data published in produced materials (e.g., a film in which a first name, last name or a person’s image appears) – for the proper use of these materials. If our documents indicate so and you give us separate consent, we may retain your personal data in the actors' database for the purpose of carrying out future castings until you withdraw your consent. Documents or announcements about a particular project may specify additional purposes for data processing.

4. [data categories] In the case of providing us with personal data through an agent or another person, we process the data contained in the application, in particular first name, last name, nickname, image, contact details, artist's body dimensions (e.g., shoe size, wardrobe size, height) and other special data, if mentioned in casting documents. If we intend to conclude a contract to which the artist is a party, we also process data on their address of residence, birthdate, TIN, parents’ first names, PESEL number or nationality and data
(e.g., series, number) of the presented identity document, bank account number, telephone number and personal data necessary for the correct settlement of income tax, withholding tax and social security contributions.

5. [other information] Read this section of the privacy policy together with the last one (“Common points”). There you will find other information about processing your data and your rights.

Business Partners – clients, contractors and associates

1. [data controller] During our daily business operations, we regularly receive personal data of our business partners and their employees or representatives. The controller of such personal data is the Papaya Films company which as a result of the above actions received your personal data.

2. [policy recipient] Our clients, contractors and associates as well as their employees and representatives are hereinafter referred to as ''business partners''. If as e.g., an agent or a representative you act as the intermediary in contact with the person whose data you provide to us, in order to respect their rights, you should pass this policy onto them as soon as you receive it.

3. [data categories] Such data may come directly from the business partner or their employer and usually include: first and last name, e-mail address, telephone number, place of work, position and a person’s image. If we intend to conclude a contract to which a natural person is a party, we process data on their address of residence, birthdate, TIN, parents’ first names, PESEL number or nationality and data (e.g., series, number) of the presented identity document, bank account number, telephone number and personal data necessary for the correct settlement of income tax, withholding tax and social security contributions.

4. [other information] Read this section of the privacy policy together with the last one (“Common points”). There you will find other information about processing your data and your rights.

Papaya Films’ events, competitions and workshops

1. [data controller] The personal data provided during the registration to our events, contests or workshops, including Papaya Films Academy events or workshop and the Papaya New Directors competition and events (“Event”), as well as during their course, is controlled by the Papaya Films company which organizes Event.

2. [processing purposes] The data will be processed in order to organize Event, in particular to confirm the registration, send the information regarding Event as well as to prepare and verify the list of participants.

3. [epidemic safety] If Event is organized during an epidemic, your personal data may be, in a reasonable situation and extent, disclosed to the sanitary inspectorate and other public services in order to ensure public safety. In addition, in the event of a legal necessity to collect information about vaccination against COVID- 19 or other diseases, this data will be processed on the basis of Art. 9 (1) (g) of GDPR EU / GDPR UK, due to important public interest (epidemic safety), in order to ensure that we comply with the limits of unvaccinated people at Event and other duties in accordance with applicable legal regulations.

4. [telephone number] If you provide us with a telephone number, we will remind you about Event and information related to them via this method of communication. We will use your data to do so until the end of Event.

5. [profiling] If you agree, your personal data will be processed in an automated manner, including profiling, to enable us to better match our services and the content (including advertising content) provided to your preferences. If you do not give such consent, we will not be able to adjust our content for you.

6. [other information] Read this section of the privacy policy together with the last one (“Common points”). There you will find other information about processing your data and your rights.

Contacting Papaya Films

1. [data controller] The controller of the data you provide us with via a contact form, an e-mail or a phone call is the Papaya Films company you are in contact with.

2. [processing purposes] We will process such data to get familiar with your message, identify the sender, process the message and continue correspondence.

3. [other information] Read this section of the privacy policy together with the last one (“Common points”).
There you will find other information about processing your data and your rights.

Cookies and similar technology

1. [websites’ administrator] Our websites’ administrator and the controller of the personal data processed in relation to the use of those websites is PF WAW.

2. [sending files] To make our websites work properly and to adjust our content to the user, we send and place cookie files or similar technologies (e.g., Meta Pixel) on your device. Most big websites do this too.

3. [consent to sending] You agree to our cookies and similar technology by accepting the information shown to you on banners or pop-ups when you visit our websites for the first time. Please remember that you may control and delete cookies in the settings of your web browser – for details, please see aboutcookies.org. You can also delete all cookies stored on your device via browser settings or set most browsers to prevent cookie from being placed in future.

4. [cookie] A “cookie” is a small text file that a website saves on your computer or mobile device when you visit the site. It enables the website to remember your actions and preferences (such as username, language, font size and other display preferences) over a period of time, and it allows the administrator to analyze the website traffic and run some marketing activities.

5. [cookie expiry] Some cookies are stored in the device’s memory only during a user'a browsing session (session cookies). There are also permanent cookies which can retain user preferences for a particular website, allowing those preferences to be used in future browsing sessions for an unspecified time (time of such cookies may be limited in the browser’s settings).

6. [generating a file] Cookies and similar technologies may also be generated by third parties who support functioning of our websites and quality of our services, in particular Google (Google Analytics), Meta, formerly Facebook (Meta Pixel) and User.com.

7. [file purposes] These parties generate cookies allowing us to automated monitoring of the website traffic, data analysis, running statistics and creating reports which allow as to improve managing of these websites as well as their quality and effectivity.

8. [marketing] Some cookies serve our and third parties’ marketing purposes. For example, using Meta Pixel, we can direct to you personalized ads in terms of your behavior on our services. The Meta Pixel creates a direct connection to the Meta server, e.g., Facebook, which is notified of your visit to our website, which
allows e.g., to create groups of similar recipients and more effectively reach the right group of Internet users.

9. [profiling] Meta and Google can assign the information collected through cookies to your profile on their sites and publish ads based on your interests. You can disable these functions as part of your Meta account settings using the instructions at: https://www.facebook.com/ads/website_custom_audiences/, and in the case of Google at: https://www.google.com/ads/preferences and by installing the browser plug-in located at: https://tools.google.com/dlpage/gaoptout.

10. [opting out] Anyone can also opt out of viewing behavioral ads via the European Interactive Digital Advertising Alliance (for Europe) or Digital Advertising Alliance (for USA) websites.

11. [personal data] The data collected in the above manner does not allow us to identify you. Some information collected using cookies and similar technologies may, however, constitute personal data, and we see the authorization to process them in the legitimate interest of the controller, i.e., conducting analysis,
checking user preferences and optimizing business activities. We process this data until the purpose of processing ceases to exist, i.e., for example, completion of analysis or marketing activities. You have the right to object to such processing that can be carried out by changing the browser settings and using
methods indicated in the previous sections.

12. [servers’ location] Google and Meta collect data on servers, among others, in the USA, so they cooperate with us using the Standard Contractual Clauses approved by the European Commission to ensure an adequate level of protection of personal data required by European or British regulations.

13. [details] More information about your data collected by the abovementioned third parties, as well as about
your rights can be found here:

  • Facebook: https://facebook.com/about/privacy/
  • Google: https://policies.google.com/technologies/partner-sites
  • User.com: https://www.user.com/security/cookies-policy

14. [other information] Read this section of the privacy policy together with the last one (“Common points”).
There you will find other information about processing your data and your rights.

Common points

This section of the privacy policy includes provisions common to the other sections.

1. [processing purposes and legal basis] For the needs related to our cooperation, including establishing, maintaining business relations, conducting correspondence as well as concluding and executing contracts (formally, participating in an event, allowing us to send you newsletters or granting consent to use person’s image is also a “contract”), we may process your data for various purposes and on various legal grounds:

a) Art. 6 (1) (b) of EU GDPR / UK GDPR for activities related to the conclusion and performance of concluded contracts, i.e., processing is necessary to perform the contract concluded with you (or on your behalf) or with the controller of your data, or to take action at request, before concluding a contract;

e.g., conducting e-mail correspondence, gathering data to prepare a contract, executing an already concluded contract,

b) Art. 6 (1) (a) of EU GDPR / UK GDPR for activities to which a consent has been given, i.e., processing takes place with a consent which is given while providing us with data;

e.g., consent to sending a newsletter given by ticking a dedicated checkbox or in another explicit and unequivocal way, consent to processing as specified in casting documents, consent to adding data to our contractor database, if it is mentioned in the documents,

c) Art. 6 (1) (c) of EU GDPR / UK GDPR for activities carried out due to our legal obligation, i.e., processing is necessary to fulfill our legal obligation;

e.g., storing documents for accounting purposes,

d) Art. 6 (1) (f) of EU GDPR / UK GDPR for activities carried out due to legitimate interests pursued by us or a third party, i.e., processing is necessary for the purposes of legitimate interests pursued by the controller or by a third party;

i.e., using data such as first name, last name or image (right of publicity) in produced materials in accordance with the contract, e.g. data of the cast members in films, photographs and audio recordings, or crew data in BTS films and descriptions of produced materials, storing documents containing data
(e.g., e-mails) for evidentiary purposes and defense of our rights until potential claims related to them expire, as well as optimization of our marketing activities by selecting content for appropriate groups of users of e.g., a newsletter, as well as conducting analyzes and checking the preferences of users of our websites,
e) US regulations – in relation to data processed by PF NY.

2. [analyzes and measurements] In addition, PF WAW may use the data for measuring and analytical purposes, which is the legitimate interest of the controller (Art. 6 (1) (f) of EU GDPR), i.e., to optimize and develop Papaya Films’ business activities. For this purpose, we will process data until you file a valid
objection.

3. [data recipients] In order to establish or execute our cooperation, data may be disclosed or entrusted to our clients, associates and contractors (e.g., production department, writers, directors and advertising agencies, event or workshop producers and hosts, competition partners, as well as administrators of services which support us technologically, such as Google, User.com and MailChimp) involved in the implementation of a particular project or task. Data may be transferred to natural and legal persons located in an EEA country, as
well as in non-EEA countries (e.g., USA), in which case, subject to data processed by PF NY, they cooperate with us using the Standard Contractual Clauses approved by the European Commission in order to ensure an adequate level of protection of personal data required by European or British regulations, or using another proper legal basis. If the cooperation is conducted during an epidemic, the personal data may be, in a reasonable situation and extent, disclosed to the sanitary inspectorate and other public services in order to
ensure public safety.

4. [processing period] The data will be stored for the period necessary for the expiry or limitation of claims related to the legal relationship between us (e.g., a contract; formally, participating in an event, allowing us to send you newsletters or granting consent to use person’s image is also a “contract”) or a longer period if such is required by the provisions of generally applicable law.

5. [voluntary processing] Unless it is a statutory or contractual obligation, providing the required personal data is voluntary, but necessary for the proper course of cooperation.

6. [data source] We process personal data provided to us by you, a business partner or by a person who declares that they are entitled to provide it, e.g., an agent, attorney-in-fact or statutory representative.

7. [profiling] The data will not be subject to profiling or other forms of automated decision making, unless we declared otherwise in a specific section of this privacy policy.

8. [your rights] Notwithstanding the rights described in specific points above, you have the following rights:
a) the right to information on how your data is processed;
b) the right to request access, correction, transfer and, in certain cases, limitation of the processing or deletion of your data (in specific cases we may refuse to comply with the request, e.g., if we have other
grounds for processing the data);
c) the right to object to further processing (if the processing was based on our legitimate legal interest);
d) the right to withdraw consent to the processing of personal data (if the processing was based on such consent) – however, the exercise of this right shall not affect the processing which has taken place previously, and we may retain some personal data in our database as a proof of your prior consent;
e) in case of PF WAW, PF LDN and PF LX, the right to lodge a complaint with the supervisory body, if in your opinion we are processing data unlawfully, i.e.:
- for PF WAW: the President of the Office for Personal Data Protection with its registered seat
in Warsaw,
- for PF LDN: the Information Commissioner’s Office with its registered seat in Wilmslow,
- for PF LX: Comissão Nacional de Proteção de Dados with its registered seat in Lisbon.

9. [exercising rights] Your rights may be exercised by contacting us by e-mail at privacy@papaya-films.com, in writing to the address provided in the introduction or through other dedicated methods we specified in appropriate documents, e.g., an agreement or a Terms & Conditions document.