Introduction

This privacy notice provides information on how Avanti Media Limited receives and processes your personal data when you upload your life drawing to be featured in Life Drawing Live (“the Programme”).

We keep our privacy notice under regular review. This version was last updated on 10 September 2021.

The Programme is not intended for children or young people, and we do not seek to collect data relating to children or young people. If you do provide us with information regarding children or young people, you confirm that you have:

  • parental responsibility for the child or young person;
  • consented to the processing of the child or young person’s personal data as set out in the Avanti Contributor Privacy Policy
  • shown the child or young person a copy of our Child and Young Person’s Privacy Policy and
  • ensured that the child or young person is aware of their rights in respect of their personal data including the right to withdraw consent to processing of their personal data once they are competent to make this decision.

 
This Life Drawing Live Privacy Notice supplements our Avanti Contributor Privacy Policy which contains more detailed information about our data processing. This notice, together with any other privacy policy or fair processing policy that may be provided to you on specific occasions when your personal data is being collected or processed in connection with the Programme, is provided to you so that you are fully aware of how and why your personal data is being used. This privacy notice supplements other notices and privacy policies and does not override them.

Any reference to "we", "us" and "our" is to Avanti Media Limited (company no. 03120908). Unless otherwise stated below, we are a joint “data controller” of your personal data together with the BBC. You can contact us at  mair.davies@avantimedia.tv or write to the Data Protection Officer, Avanti Media Limited, Tagomago Park, Unit 2&3, Dowlais Road, Cardiff CF24 5TW for more information about how we process your data or if you have any questions about this privacy policy or our privacy practices. 

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with any concerns before you approach the ICO so please contact us in the first instance.

 

The data we process about you

When you upload your life drawing through BBC’s Uploader, the BBC may share personal data with us, including your name, username and location along with any identifiable metadata contained within your digital image.

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

 

Where do we get this data?

The Programme will invite you to upload a digital image of your life drawing along with your given name and geographical location using BBC Uploader. The digital image you provide, along with your username and location is shared with us by the BBC and may constitute your personal data. 

 

How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
  • where we have your explicit consent;
  • where there is substantial public interest in that the processing is necessary for equality of opportunity or treatment;
  • where it is necessary for the performance of a contract we have entered into with you; and
  • where we need to comply with a legal obligation.

We will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

 

What data do we receive and collect about you and the purposes for which we will use it

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

We may receive, use, store and transfer different kinds of personal data about you which we have grouped together as follows: 

Type of personal data

Why do we collect this data?

Lawful basis for processing including basis of legitimate interest

Health

To assess any reasonable adjustments we might need to make to enable you to take part in the Programme if you are selected as a semi-finalist and to meet our duty of care to you.

To meet our duty of care and health and safety obligations to you and other people taking part in and/or working on the Programme.

Consent

Substantial public interest

Necessary to comply with a legal obligation

Performance of a contract with you

Made public by you

Criminal convictions, current or pending criminal proceedings, county court judgments, and/or formal cautions.

 

Due to the high-profile nature of the Programme and the potential scrutiny contestants may come under.

 

If you are selected as a semi-finalist or reserve to assess your suitability to participate in the Programme.

 

To meet our duty of care and health and safety obligations to you and other people taking part in and/or working on the Programme, and our duty of care to our viewers.

 

Consent

Made public by you

Ethnic origin

 

At semi-finalist stage, to monitor and increase on-screen diversity on the Programme.

Consent

Substantial public interest

Made public by you

Religious beliefs

At application/shortlist stage – Avanti rely on substantial public interest to understand your reasons for wishing to participate in the Programme.

Consent

Substantial public interest

Made public by you

Identity data (includes first name, maiden name, last name, marital status, title, date of birth and gender)

At application/shortlist stage to contact you in relation to your application to take part in the Programme, Avanti rely on legitimate interests.

 

To develop and produce the Programme.

Consent

Legitimate interest – necessary for us to develop and produce the Programme

Performance of a contract with you

Contact data (includes address, email address and telephone numbers)

At application/shortlist stage to contact you in relation to your application to take part in the Programme, Avanti rely on legitimate interests’

Consent

Legitimate interest - necessary for us to develop and produce the Programme

Performance of a contract with you

Profile data (includes your interests, singing experience and interview responses)

At application/shortlist stage, to assess your suitability to participate in the Programme. Avanti rely on legitimate interests.

 

To develop and produce the Programme.

Consent

Legitimate interest - necessary for us to develop and produce the Programme

Performance of a contract with you

Marketing and communications data (includes your preferences in receiving marketing from us and our third parties and your communication preferences)

At semi-finalist stage, to notify you of other similar opportunities or productions in which you may be interested.

Consent

Legitimate interest - necessary for our legitimate interests (to develop our productions and grow our business)

 

Who uses this data and whom do we share it with?

If your life drawing is featured on Life Drawing Live, the name and location you provide via BBC uploader might be disclosed to the public. The digital image that you upload via BBC uploader could be printed off and discussed on the Programme or displayed on screen during the live Programme.

Your data will be used by our employees and staff who are working on the Programme on a need-to know basis. It may be shared internally with our Business Affairs, Health and Safety and Insurance teams. Where necessary, it may also be shared externally with our professional advisers, the BBC, our insurer, the insurer of the BBC. If the data is included in the content of the Programme, it will be shared with anyone who views the Programme and/or clips of the Programme throughout the world.

Any third parties with whom we share your data will be required to comply with current data protection and privacy laws.

In the case of the BBC or insurer, they will be the “data controller” of your personal data (either alone, jointly or in common with us) and will be required to maintain their own records. Where that is the case, we may refer you to those professionals to exercise your rights over your data.

 

How long do we keep this data?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

Details of retention periods for different aspects of your personal data are set out in the table below.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

Category

Retention Period

If your life drawing appears in the Programme.

The period during which we have the right to exploit the Programme.

If your life drawing does not appear in the Programme.

Up to 1 month following transmission of the final episode of the Programme.

 


Sending data internationally

We do not transfer your data to third party service providers outside of the United Kingdom and European Economic Area.


Data Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

What are my data subject rights and how can I use them?

Under certain circumstances, you have rights under data protection laws in relation to your personal data including rights to:

  • request access to your personal data
  • request correction of your personal data
  • request erasure of your personal data
  • object to processing of your personal data
  • request restriction of processing your personal data
  • request transfer of your personal data
  • right to withdraw consent.


For more information on your rights and how to use them or if you wish to exercise any of the rights set out above, contact mair.davies@avantimedia.tv.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than one month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Your personal details are very important to us and you understand that the information you supply will be handled and stored according to current data protection and privacy legislation, and the privacy notices referred to above.