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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 policies below apply to:

  • subscribers of our newsletters,
  • participants of our castings and projects,
  • business partners, e.g., clients, contractors and associates and their employees,
  • participants of Papaya Films’ events, competitions and workshops, including Papaya Films Academy and the Papaya New Directors gala,
  • 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, 12th 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 (“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,
  1. 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 PF LDN newsletters, persons contacting PF LDN, PF LDN business partners, participants of events, competitions and workshops organized by PF LDN,
  1. 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,
  1. 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 and business partners of 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 provisions

The provided data is processed according to the provisions of:

  1. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 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. 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 both controllers of personal data processed in the described manner, i.e., these entities 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 and PF LX do not distribute newsletters.
  3. The legal basis to send this content and to process your personal for this purpose is your voluntary consent, expressed by ticking a dedicated checkbox or granted in another explicit and unambiguous way (Art. 6 (1) (a) of EU GDPR / UK GDPR).
  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 EU GDPR / UK 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 and MailChimp, as well as our subcontractors who prepare and distribute messages. 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.
  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 e-mails 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 EU GDPR / UK 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 a casting and during the production of a 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 (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.
  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 a person’s 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 EU GDPR / UK 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 EU GDPR / UK GDPR in the case of activities to which you agree in accordance with the casting documents (e.g., adding data 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 EU GDPR / UK 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 EU GDPR / UK GDPR for activities carried out due to legitimate interests pursued by us or a third party (use of data in the produced materials, e.g., films and photos or audio recordings, 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.
  1. In order to implement the project, data may be disclosed or entrusted to our clients and contractors (e.g., production department, writers, directors and advertising agencies) involved in the production of a specific project. 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. If the casting or the shoot 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.
  2. 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) or a longer period if such is required by the provisions of generally applicable law.
  3. Providing the required personal data is voluntary, but necessary to participate in the project.
  4. The data will not be subject to profiling or other forms of automated decision making.
  5. 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 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 tax, withholding tax and social security contributions.
  6. 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.
  7. 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, e-mail address, telephone number, place of work, position and a person’s image.
  2. Both our clients, contractors and associates as well as their representatives and employees are hereinafter referred to as “business partner”. 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. The controller of such personal data is the Papaya Films company which as a result of the above actions received your personal data.
  4. For the needs related to our cooperation, including establishing, maintaining business relations as well as concluding and executing contracts with business partners, we may process your data on various legal grounds:
    • 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 concluded contract concluded with the business partner (or on their behalf), or to take action at your request, before concluding a contract,
    • Art. 6 (1) (a) of EU GDPR / UK GDPR in the case of activities to which the business partner agrees (e.g., adding data to our contractor database, if it is mentioned in the documents), i.e., processing takes place with an express consent, which is given while providing us with data,
    • Art. 6 (1) (c) of EU GDPR / UK 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,
    • Art. 6 (1) (f) of EU GDPR / UK GDPR for activities carried out due to legitimate interests pursued by us or a third party (use of data in the produced materials, e.g., BTS films and photos or audio recordings 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,
    • US regulations – in relation to data processed by PF NY.
  1. In order to establish or execute our cooperation, data may be disclosed or entrusted to our other business partners, e.g., clients or contractors (e.g., production department, writers, directors and advertising agencies) involved in the process. 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. If the casting or the shoot 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.
  2. 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) or a longer period if such is required by the provisions of generally applicable law.
  3. Unless it is a statutory or contractual obligation, providing the required personal data is voluntary, but necessary for the proper course of cooperation.
  4. The data will not be subject to profiling or other forms of automated decision making.
  5. 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 tax, withholding tax and social security contributions.
  6. We process personal data provided to us by the business partner or by a person who declares that they are entitled to provide it, e.g., an agent, representative or statutory representative of the business partner.
  7. 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, including Papaya Films Academy events or workshop and the Papaya New Directors Gala (“Event”) and during their course.
  2. The controller of such personal data is the Papaya Films company which organizes Event.
  3. Providing the required personal data during registration is voluntary, but necessary to participate in Event.
  4. The provided 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.
  5. The legal ground of processing of these data is Art. 6 (1) (b) of EU GDPR / UK 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 Event and information related to them via this method of communication. We will use your data to do so until the end of Event.
  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., a contract, which is a formal part of participating in any event, or the granted consent to use a person’s image) or a longer period if such is required by the provisions of generally applicable law.
  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 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.
  9. 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.
  10. 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.
  11. 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 e-mail 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:
    • Art. 6 (1) (b) of EU GDPR / UK 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,
    • Art. 6 (1) (a) of EU GDPR / UK GDPR in the case of other data you provided us with, i.e., processing takes place with your express consent, which you give by providing us with data deliberately and voluntarily,
    • US regulations – in relation to data processed by PF NY.
  1. 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 EU GDPR / UK GDPR).
  2. 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. Our websites’ administrator 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) and User.com.
  6. 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.
  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 e.g., 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 EU GDPR / UK 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. 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.
  11. Google and Facebook collect data on servers 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.
  12. More information about your data collected by the abovementioned third parties, as well as about your rights can be found here:
  1. 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:
    • the right to information on how your data is processed;
    • 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);
    • the right to object to further processing (if the processing was based on our legitimate legal interest);
    • 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;
    • 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: Nacional de Protecção de Dados with its registered seat in Lisbon.
  1. 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.