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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 GDPR policies apply to:

 

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, Poland, at ul. Wiślana 8, 00-317 Warszawa, entered in the Register of Entrepreneurs by the District Court for the capital city of Warsaw in Warsaw, KRS No. 0000248028, holding tax identification number NIP 1132590223, share capital of PLN 100,000.00 (“PF WAW”), in relation to users of our websites, our newsletters, persons contacting PF WAW, business partners of PF WAW 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, Craven House, 40-44 Uxbridge Road, London, W5 2BS, United Kingdom, registered in the Companies House under company number 09733633 (“PF LDN”), in relation to PF LDN newsletters, persons contacting PF LDN, PF LDN business partners, participants of 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 and business partners of PF NY.

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

Newsletter and e-mail marketing

  1. Based on your consent to receive information about our events, offers and 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.
  2. PF WAW and PF LDN are joint controllers of personal data processed in the described manner, i.e. these entities jointly decide on the content and profiling of newsletters, with PF WAW deciding on newsletters on the Polish and American market, and PF LDN on the British market. PF NY does not distribute newsletters.
  3. The legal basis to send this content is your voluntary consent, expressed by ticking a dedicated checkbox or granted in another explicit and unambiguous way, and the basis for the processing of your personal data for this purpose is the legitimate interest of the controller (Art. 6 (1) (f) of the GDPR) resulting from the consent given.
  4. 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 (Art. 6 (1) (f) of the GDPR), 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.
  5. In order to create and profile our e-mails, we may outsource to and share personal data with controllers of services that support us technologically, in particular User.com.
  6. 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 the emails we send or by contacting us at the address provided above.
  7. Despite your resignation, we will leave some of your personal data in our database as evidence of your prior consent, which may be necessary, e.g. during the inspection of the Office for Personal Data Protection. The legal basis for such processing is the legitimate interest of the controller (art. 6 (1) (f) of the GDPR).
  8. We have described your additional rights related to data processing in the last section below.

 

Casting for Papaya Films projects

  1. We are the controller of personal data provided during the casting and during the production of the project.
  2. The controller of your data is the Papaya Films company which organizes the casting.
  3. This privacy policy applies to both the processing of artists’ data (e.g. actors) as well as their agents and other intermediaries. 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.
  4. 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 image appears) – for the proper use of these materials. Documents or announcements about a particular project may specify additional purposes for data processing.
  5. For the needs associated with the casting, we may process your data on various legal grounds:
    1. Art. 6 (1) (b) of the GDPR for activities related to the conclusion and performance of contracts concluded with you, i.e. processing is necessary to perform the contract concluded with you (or on your behalf), or to take action at your request, before concluding the contract,
    2. Art. 6 (1) (a) of the GDPR in the case of activities to which you agree in accordance with the casting documents (e.g. adding the actor agency to our contractor database, if it is mentioned in the documents), i.e. processing takes place with your express consent, which you give while providing us with data,
    3. Art. 6 (1) (c) of the GDPR for activities carried out due to our legal obligation (e.g. storing documents for accounting purposes), i.e. processing is necessary to fulfill our legal obligation,
    4. Art. 6 (1) (f) of the GDPR for activities carried out due to legitimate interests pursued by us or a third party (storage of documents containing data for purposes of proof, until the potential claims related to them expire), i.e. processing is necessary for the purposes of legitimate interests pursued by the controller or by a third party,
    5. US regulations – in relation to data processed by PF NY.
  6. In order to implement the project, data may be entrusted to our clients and other contractors (e.g. production department, writers, directors and advertising agencies) involved in the production of a specific project. Data processed by PF WAW and PF LDN may be transferred to natural and legal persons located in another EEA country, as well as in the USA, if they comply with the provisions of the EU-US Privacy Shield program and thus ensure an adequate level of protection of personal data required by European regulations.
  7. 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. contract) or a longer period if such is required by the provisions of generally applicable law.
  8. Providing the required personal data is voluntary, but necessary to participate in the project.
  9. The data will not be subject to profiling or other forms of automated decision making.
  10. 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 name, surname, 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 the address of residence, NIN 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 tax, withholding tax and social security contributions.
  11. We process personal data provided to us by the artist or by a person who declares that they are entitled to provide it, e.g. an agent, representative or statutory representative of the artist.
  12. More information about your rights can be found in the last paragraph of the privacy policy.

Business Partners – clients, contractors and associates

  1. During our daily business operations, we regularly receive personal data of our business partners and their representatives or employees. Such data may come directly from the person or their employer and usually include: first and last name, email address, telephone number, place of work and position.
  2. The controller of such personal data is the Papaya Films company which as a result of the above actions received your personal data.
  3. We process such data in order to:
    1. establish and maintain business relations with business partners as well as their representatives and employees;
    2. conclude and execute contracts with business partners.
  4. For such needs, we may process your data on various legal grounds:
    1. Art. 6 (1) (b) of the GDPR for activities related to the conclusion and performance of contracts concluded with you, i.e. processing is necessary to perform the contract concluded with you (or on your behalf), or to take action at your request, before concluding a contract,
    2. Art. 6 (1) (f) of the GDPR for activities carried out due to legitimate interests pursued by us or a third party (storage of documents containing data for purposes of proof, until the potential claims related to them expire), i.e. processing is necessary for the purposes of legitimate interests pursued by the controller or by a third party,
    3. US regulations – in relation to data processed by PF NY.
  5. More information about your rights can be found in the last paragraph of the privacy policy.

Papaya Films’ events, competitions and workshops

  1. Papaya Films is the controller of personal data provided during the registration to our events, contests or workshops (Event) and during their course.
  2. The controller of such personal data is the Papaya Films company which organizes the Event.
  3. Providing the required personal data during registration is voluntary, but necessary to participate in the Event.
  4. The provided data will be processed in order to organize the Event, in particular to confirm the registration, send the information regarding the Event as well as to prepare and verify the list of participants.
  5. The legal ground of processing of these data is Art. 6 (1) (b) of the GDPR, i.e. processing is necessary to perform the contract concluded with you, or to take action at your request, before concluding the contract, or US regulations in relation to data processed by PF NY.
  6. If you provide us with a telephone number, we will remind you about Events and information related to them via this method of communication. We will use your data to do so until the end of the Event.
  7. Due to the granted consent to use image of participants of the Event recorded or photographed during its course, we may use the appropriate data for purposes of proof until the potential claims related to them expire.
  8. In addition, PF WAW will use the data for measuring and analytical purposes, which is the legitimate interest of the controller (Art. 6 (1) (f) of the GDPR), i.e. to optimize and develop Papaya Films’ business activities. For this purpose, we will process data until you file a valid objection.
  9. More information about your rights can be found in the last paragraph of the privacy policy.

Contacting Papaya Films

  1. If you provided us with your personal data via a contact form, an email or a phone call, we will process such data to get familiar with your message, identify the sender, process the message and continue correspondence.
  2. The personal data controller is the Papaya Films company you are in contact with.
  3. For such needs, we may process your data on various legal grounds:
    1. Art. 6 (1) (b) of the GDPR for activities related to the handling of your message (contact details), i.e. processing is necessary to perform the contract concluded with you (or on your behalf), or to take action at your request, before concluding the contract,
    2. Art. 6 (1) (a) of the GDPR in the case of other data you provided us with, i.e. processing takes place with your express consent, which you give while providing us with data,
    3. US regulations – in relation to data processed by PF NY.
  4. After completing our correspondence, we will archive your data and messages as evidence of your prior consent and to defend our rights in a potential claim, which is the legitimate interest of the controller (Art. 6 (1) (f) of the GDPR).
  5. More information about your rights can be found in the last paragraph of the privacy policy.

Cookies and similar technology

  1. To make our websites work properly and to adjust our content to the user, we place small data files called cookies or similar technologies (e.g. pixels) on your device. Most big websites do this too. The administrator of our websites is PF WAW.
  2. 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.
  3. 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 allows a controller to analyze the website traffic and run some marketing activities.
  4. Some cookies are stored in the device’s memory only during a user’s browsing session (sessions 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 (time of such cookies may be limited in the browser’s settings).
  5. Cookies on our websites are generated also by third parties, who support functioning of our websites and quality of our services, in particular Google (Google Analytics), Facebook (Facebook Pixel), User.com, Homerun.co, HotJar and Fullstory.com.
  6. These parties generate cookies allowing us to monitor website traffic, analyze data, run statistics and create reports which allow as to improve managing of these websites as well as their quality and effectivity.
  7. Some cookies serve our and third parties’ marketing purposes. For example, using Facebook pixel, we can direct to you personalized ads in terms of your behavior on our services. The Facebook pixel creates a direct connection to the Facebook server, which is notified of your visit to our website, which allows i.a. to create groups of similar recipients and more effectively reach the right group of Internet users.
  8. Facebook 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 Facebook 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.
  9. 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.
  10. The data collected in the above manner does not allow us to identify you. Some information collected using cookies may, however, constitute personal data, and we see the authorization to process them in the legitimate interest of the controller (Art. 6 (1) (f) of the GDPR), 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. The user has 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.
  11. Google, Facebook and Fullstory.com collect data on servers in the USA, so they comply with the EU-US Privacy Shield program provisions to ensure an adequate level of protection of personal data required by European regulations.
  12. More information about your data collected by the abovementioned third parties, as well as about your rights can be found here:
  13. More information about your rights can be found in the last paragraph of the privacy policy.

Contacting Papaya Films

  1. Notwithstanding the rights described in specific paragraphs above, you have the following rights:
    1. the right to information on how your data is processed
    2. 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);
    3. the right to object to further processing (if the processing was based on our legitimate legal interest),
    4. the right to withdraw consent to the processing of personal data (if the processing was based on such consent), the exercise of the right to withdraw consent shall not affect the processing which has taken place previously
    5. in case of PF WAW and PF LDN, 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.
  2. The 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 specified in the regulations.