Privacy statement candidates programmes

01. Controller

This Privacy Statement applies to all processing of personal data referred to herein by Talpa Studios Holding B.V. and its affiliated companies Talpa Studios Netherlands BV and Talpa Studios Concepts BV, whereby Talpa Studios Holding B.V. is the controller. Talpa Studios Holding B.V. has its registered office at Zevenend 45, 1251 RL Laren and is registered in the Trade Register under number 77937376 (hereinafter referred to as “Talpa Studios“, “us” or “we“).

If you register and/or participate in one or more programmes of Talpa Studios and/or subscribe to the Talpa Studios newsletter and/or participate in the development of formats at the invitation of Talpa Studios,  privacy-sensitive data (hereinafter: “personal data” or “data“) relating to you will be processed. By processing, we mean any use of your personal data, such as storage, adaptation, communication, inclusion in the records relating to the programme concerned, or total or partial deletion of such data.

 

02. Minors

Are you under 16 years old? If you are under the age of 16, you may provide us with personal information only if your parents or legal guardians have read this Privacy Statement and have given their consent. This only applies if consent is also the basis for processing (see point 6 below ‘Grounds for processing’).

We may use various methods to verify your age. Subject to available resources, we shall make reasonable efforts to verify that your parents or legal guardians have given consent. For example, we may ask you for your parents’ or legal guardians’ e-mail address or telephone number so that we can contact them to verify that they have given their consent to your enrolment in the relevant programme and the associated provision and further processing of data. We may also ask them to sign a written consent form.

 

03. Types of data

We use the following types of data for the purposes set out in this Privacy Statement, and distinguish between the following types of data:

Basic data:

  • Name:
  • Contact details such as (mobile) phone number and e-mail address;
  • Address (street, house number, postcode and town);
  • Date of birth; and
  • Gender.

In addition to this information, for certain programmes we may process additional information relevant to your selection and participation in those programmes, such as:

  • Payment details, such as a bank account number;
  • Your portrait (such as a photograph of your face or other photographic or video material in which you are recognisable);
  • (Where applicable) a copy of your proof of identity (on which you have crossed out your BSN);
  • Your personal motivation for entering the relevant programme, which may include sensitive or specific data relating to your personal privacy (only if relevant to the relevant programme);
  • Marital and/or relationship status;
  • Information about your partner and/or children;
  • Education, employment and income-related information;
  • Biographical data: the data collected by us in an interview, questionnaire and/or survey, your ‘biography’ and other data relevant to the assessment of your suitability to be considered as a candidate for and/or to participate in the relevant programme.

We do not always use all of your data. Often we shall use only some of the types of information listed above. The data we use depends on the purpose for which we are processing the data (see also point 5 below ‘Purposes of processing’), which in turn depends on the subject of the programme concerned. We ask you not to provide us with any unnecessary or unsolicited (specific) personal data, for example through open entry fields on our websites.

 

Sensitive personal data includes data about racial or ethnic origin, political opinions, religious beliefs, trade union membership, sexual orientation, health or criminal record. We recognise the sensitivity of this data and the potential impact on your privacy, and if we need this data for a programme, we shall only process it with your explicit consent. We shall not use your portrait, photographs and/or video footage, or any other specific personal data, to distinguish you on the basis of race, religion or sexual orientation. Information about, for example, your race, religion or sexual orientation may be processed if it is specifically targeted by the programme. We shall always ask for your explicit consent before doing so. We treat sensitive personal information with special care. We shall not keep your personal data for longer than is necessary for the purposes of data processing set out above or as required by law or regulations (see also point 9 below ‘Retention periods’).

 

04. Source of acquisition

The main way we obtain data is by requesting it from you. It is up to you whether or not you want to provide us with this data. For example, you may choose to provide the data yourself on one of our programme registration forms. If we are unable to process your application without all of the requested data, you can always tell us that you no longer wish to participate in the programme and cancel your application. You may also withdraw your consent or request deletion (see also point 11 below ‘Data subject rights’) if you do not wish to remain in our talent database. Any data you have already provided will be deleted immediately, with the exception of your name, date of birth and e-mail address, and a reference to the fact that you have you have cancelled your participation in the programme.

 

05. Purposes of processing

We shall use your data for the following purposes:

  • To record your application for one of our programmes and to select or not select you as a participant in our programmes;
  • To execute your candidate and/or participant agreement;
  • To record the transfer of copyright and/or related rights, consents including the use of your portrait and/or waiver of personality rights in relation to the programme;
  • To record, acquire and broadcast audio and/or audio visual material, as well as store it in an archive;
  • To add you to our talent database so that we may contact you for future programmes of ours, if you have given us permission to do so;
  • To send you a message on behalf of the broadcaster for whom we are producing the programme, or on behalf of a sponsor, prize provider or other third party directly associated with that programme. If we need to share your contact or other details with that third party for the purposes of a particular programme, we shall tell you and ask for your consent (unless this is covered by the agreement we have with concluded with you);
  • Where we have invited you to participate in format development;
  • To contact you as part of the Talpa Studios newsletter;
  • To deal with complaints, questions and/or other contact you may have with us;
  • To comply with applicable laws and regulations, such as verifying your age or enforcing your rights as a data subject (see also point 11 below ‘Data subject rights’).

We shall not use your data for purposes other than those described above, unless it is compatible with the original and stated purpose of the processing.

06. Grounds for processing

We shall always process your personal data on the basis of one of the following legal grounds.

  • Execution of an agreement: we process your personal data to execute a candidate or participation agreement, or candidate or participation declaration. The processing is necessary for your participation in a production.
  • Your consent: we process your data if you have given your consent for a specific purpose. For example, when you register for a programme. Dutch privacy legislation only applies to a limited extent when we process personal data for journalistic or artistic purposes. In this case, you will not always be able to withdraw your consent to participate in the programme, unless, in our opinion or in the opinion of the court, your interests outweigh and/or give cause to do so.
  • Compliance with legal obligations: we process your personal data when we are required by law to do so, for example, to retain data for a certain period of time, such as payment data, which we are required to retain for seven (7) years for the tax authorities under the State Taxes Act (Algemene wet inzake rijksbelastingen).
  • Legitimate interests: we also process data because we or a third party has a legitimate business or other interest in doing so, such as making recordings in public places or securing our systems. In this case, we shall always carefully consider whether this interest outweighs your privacy interests.

 

07. Sharing of data

Your data may be shared within Talpa Studios. We may also share your data with a limited number of third parties. These include the following parties:

  • If we are co-producing a programme with another television producer;
  • Where we need to consult with the broadcaster about casting for a programme;
  • Suppliers and service providers who carry out our services. This includes suppliers of software that we use;
  • We may also share your personal data in the event of a reorganisation, merger, sale, collaboration, transfer or other disposal of any of our businesses (including bankruptcy or similar proceedings);
  • Finally, we may disclose your data in response to lawful requests from public authorities, including law enforcement agencies, government departments or the judiciary.

Where possible, we shall require these third parties to act as processors. This means that we determine the purpose and means of these processing operations and the processor may only process your data in accordance with our instructions and our security or further standards. We record these arrangements with each processor in a processing agreement. Some of these processors are located outside the EU. As the same level of data protection is not guaranteed outside the EU, we have entered into additional agreements with these parties. We enter into an approved European Commission model contract (also called standard contractual clauses) with these processors.

If a party receives your data from us as a separate or joint processor, we shall inform you and refer you to that party’s Privacy Statement.

 

08. Profiling

We do not use automated decision-making based on profiling.

 

09. Data Retention

We shall not keep your personal data for longer than necessary. How long depends on the purpose for which your data is processed. There is no fixed retention period that we can apply to all types of data; we determine this on a processing by processing basis.

In relation to applications for the programmes, the retention periods are as follows:

Non-selected candidate:
We shall delete your data as soon as possible and no later than three (3) months after the final selection of participants for the programme. If you have given us permission to keep you on our talent database (upon request), we shall only retain the data necessary for that purpose;

Selected as a candidate and therefore a potential participant in the relevant episode of series of the programme, or any subsequent episode or series:
If you are selected as a candidate, but are unable to take part in the programme immediately, we shall retain your details until we are informed that there will be no follow-up episode or series, or until we decide that you will definitely not be a participant in the programme. Your data will then be deleted as soon as possible, at the latest within six (6) months. We shall never keep your data for longer than three (3) years after the end of the calendar year in which you registered. You may always request removal of your data in the interim (see also point 11 below ‘Rights of the data subject’);

Participant in a programme:
We shall retain your data included in the programme for as long as necessary, which is at least as long as the programme is produced, published and/or archived for future use or archival purposes. Personal data that is not included in the programme will never be retained for more than three (3) years after the end of the calendar year in which you registered.

Exceptions to the above retention and destruction periods include personal data included in agreements with you governing the transfer of rights, waiver of personality rights, licences and exploitation consents relating to the programme.

In addition, please note that data about you that is included in recordings of the programme by the end users of the programme, such as broadcasters, including by way of publication (e.g. linear broadcast on television) or by way of online provision (e.g. posting on a public platform), will be processed and disclosed as part of the programme for a long period of time.

If you consent, we shall use your e-mail address to send you a general newsletter about Talpa Studios’ present and/or future programmes. We shall retain your e-mail address for two (2) years after receiving your consent to send you e-mails.

Of course, you can send us a request regarding your personal data at any time (see point 11 below ‘Data subject rights’).

 

10. Security

We strive to protect personal data to the best of our ability. We do this by implementing organisational and technical security measures that use state-of-the-art technology to prevent unauthorised access, alteration, disclosure or loss of data.

Where we use so-called processors, we require them to handle your data in accordance with our instructions and our security and/or other standards. See also point 7 above ‘Sharing of data’.

 

11. Data subject rights

You have the right to access, rectify, delete or transfer your personal data or, in some cases, to withdraw a previously given consent. You also have the right to restrict or object to processing.

You can send your request to exercise your rights to privacy@talpastudios.com. Please specify in your request which right you wish to exercise. We shall respond to your request within one month. If we are unable to process your request within one month, for example because the request is very complex, we shall inform you within one month of your request about the extension of our response time (by a maximum of two months).

If we cannot comply with your request for deletion, or not comply with it in full, because we still have a purpose or legal obligation to keep all or part of your data, we shall inform you accordingly. Please also note that Dutch privacy legislation only applies to a limited extent when we process personal data for journalistic or artistic purposes. In this case, you will not be able to exercise the above-mentioned rights. In that case, too, we shall inform you of this.

Finally, we would like to draw your attention to the right to lodge a complaint with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens).

 

12. Questions and/or contact with Talpa Studios

Any questions or complaints in connection with privacy issues may be sent to privacy@talpastudios.com.

 

13. Amendments

We may unilaterally amend this Privacy Statement. We, therefore, encourage you to check this Privacy Statement regularly for any amendments. If we make major changes, we shall notify you.

 

Last amended: 3 October 2023