Privacy Policy

Last updated 30 November 2020

Introduction

Your privacy is important to the New Zealand Film Commission (NZFC, Us or We).
The NZFC is a crown entity established under New Zealand law, pursuant to the New Zealand Film Commission Act 1978. Its statutory functions include:

• encouraging and participating in the making, promotion, distribution, and exhibition of films;
• encouraging and promoting cohesion within the New Zealand film industry;
• encouraging and promoting the proper maintenance of films in archives;
• encouraging and promoting, for the benefit of the New Zealand film industry, the study and appreciation of films and of film making;
• gathering, collating, disseminating, and publishing information that, in the opinion of the NZFC, relates to the making, promotion, distribution, and exhibition of films; and
• advising the Minister of Arts Culture and Heritage on matters relating to or affecting the functions of the Commission.

In addition to privacy obligations under New Zealand Privacy Law, the NZFC is a data controller for the purpose of the General Data Protection Regulation (GDPR). You can contact us in writing at the below address:

New Zealand Film Commission
PO Box 11 546
Manners Street
Wellington 6142
New Zealand 

Or email info@nzfilm.co.nz.

You can contact our data protection officer at businessaffairs@nzfilm.co.nz.

 

“Personal information” means information relating to an identified or identifiable natural person. This Privacy Policy sets out what personal information the NZFC may collect from you, how it is used, disclose, protected and your choices regarding your personal information. This Policy applies across all our platforms, to all of the NZFC’s activities and to all products and services offered by the NZFC.

Consent

By providing your personal information to the NZFC, including by applying for funding or support, accessing our products or services, visiting the NZFC websites or engaging with NZFC social media, you acknowledge that you have read and understood this Privacy Policy and that you agree to its terms. In particular, you give your consent to the processing of your personal information as described in this Privacy Policy.

Updates to this Privacy Policy

The NZFC may update this Privacy Policy from time to time. Changes will take effect when they are updated on this page. Please check frequently for updates. If significant changes are made, you will be notified of the changes through the NZFC websites or through others means, such as email. To the extent permitted under applicable law, by using NZFC services after such notice, you consent to updates to this policy.

If you do not agree to any change to this policy, you should immediately stop using the NZFC’s services and the NZFC websites.

Please read this Privacy Policy carefully.

Why do we collect personal information?

The NZFC collects, uses and discloses personal information to carry out its functions, to provide you with products and services, to market its functions, products and services and to meet its legal obligations.

Who do we collect personal information about?

The NZFC collects and hold personal information about:

• persons we deal with while carrying out our functions and individuals associated with those persons;
• individuals we provide products, services and introductions/referrals to;
• persons who apply to us for funding or support and individuals associated with those persons (e.g. employees or contractors);
• suppliers and their employees and contractors;
• prospective employees, employees and contractors; and
• other individuals who come into contact with us.

What personal information do we collect?

The type of personal information we collect depends on the purpose for collection and circumstances of collection, but may include:

• identifying information, such as your name, date of birth, citizenship or residency and appearance;
• contact information, such as your postal address, telephone number, facsimile address, email address and social media handles/accounts;
• payment information (if you are paying us), such as credit card details, including number, expiry date, cardholder name and billing address;
• payment information (if we are paying you), such as bank account details, including number, branch, SWIFT code, account holder;
• information about your work history, such as your occupation, employment history and/or details, education and qualifications, testimonials and feedback;
• information about current or upcoming work that you will undertake, such as the hours you will work, fee you will be paid and your travel plans;
• any personal information that is included in any application you make to us or any documentation (including creative materials such as synopses) that you submit to us as part of an application;
• information about your preferences, such as how you would prefer to be contacted;
• website user data, collected when you visit the NZFC websites. Website user data may include your IP address, cookies, device information, unique device identifiers, operating system and version and mobile network information.

Special categories of personal information  

Some information we collect may reveal personal information such as racial or ethnic origin, political opinions, religious or philosophical belief, trade union membership, genetic data, biometric data, health status or sexual orientation. This is treated as a special category of personal data under the GDPR. Generally, we will limit our collection of personal information that falls into this category, however, sometimes this type of information may be relevant to our interactions with you. By providing us with personal information that falls within this category, you explicitly consent to this information being processed for the purposes in clause 4.

Non-personal information

The NZFC and its service providers engaged in performing its role as a national film agency, including providing the NZFC websites, may collect information that is not personal information (i.e. it is not attributable to you individually). The purpose of this is to ensure we can further develop existing services and investigate new services that enable the NZFC to better assist with the development and marketing of New Zealand films in its capacity as a national film agency.

If we do combine non-personal information with personal information the combined information will be treated as personal information.

How do we collect personal information?

Direct collection

We may collect personal information directly from you, including in the following circumstances:

• when you interact with us in person, on the phone or via email;
• when you submit an application to us for funding or support;
• when you provide us with your personal information in another kind of document, for example, a contract for services or a curriculum vitae;
• when you enter information into an online form, such as an online survey;
• when you sign up for a User Account in our Film Application Portal or submit information via your User Account;
• when you sign up for a Member Account on NZ Film on Demand or update your information on your Member Account; and
• when you interact with us on NZFC Social Media.

Automatic collection

We collect some information automatically when you use NZFC services, visit the NZFC websites and interact with us on social media.

From third parties

We may collect personal information about you from third parties, including:

• partners that we work with to carry out our functions and to provide you with products and services;
• our professional advisors;
• a person you have provided as a referee;
• persons such as filmmakers, financiers, or service providers, who are working with you on a film; and
• in certain circumstances, publicly available information.

Where you are providing us with information about another individual, you must ensure that the individual who’s personal information you are supplying has authorised the disclosure of that personal information to the NZFC, and is informed of and agrees to the terms of this Privacy Policy.

Are you required to provide personal information to us?

In general, we will let you know at the time of collection whether the provision of personal information to us is optional or whether it is required for us to provide you with products or services or to perform our functions in relation to you.

If we have indicated that the requested personal information is required and you do not provide it, we will not be able to provide you with some or all the services you have requested or perform certain functions in relation to you.

Children

The NZFC cannot distinguish the age of persons who access and use the Film NZ websites. If a minor (according to applicable laws) has provided us with personal information without parental or guardian consent, the parent or guardian should contact us to remove the personal information.

NZFC products are not intended to be used by children under the age of 16 and children under the age of 16 are not permitted to sign up for a Member Account.

If we discover that a child under the age of 16 has a Member Account, we will take steps to terminate the Member Account and delete that child’s personal information.

How we use your personal information

We use your personal information to:

• assist the NZFC in performing its functions;
• provide you with products and services and perform our contractual obligations to you;
• help us improve our products and services;
• assess your suitability to work with or for us;
• inform us about audience demand and viewing behaviours for NZ Film Products;
• communicate with you in the context in which you have engaged with us;
• communicate essential notifications and other information to you;
• notify you about other or new NZFC services, products or promotions where you have opted to receive such notifications;
• distribute information about other services and other organisations' services to you where you have opted to receive such information;
• communicate with you, either directly or via one of our partners, for marketing, research or participation in surveys or competitions where you have opted to receive such communications;
• facilitate the development, maintenance and marketing of NZFC websites;
• if you provide content (such as comments or reviews) to us, to publish that content on the NZFC websites or on NZFC social media;
• perform statistical analysis of user behaviour, and of characteristics and use of NZFC websites; and
• comply with our legal obligations, including under the Public Records Act 2005, Privacy Act 2020 and all other applicable New Zealand laws. 

If you are a Member, the NZFC may use your personal information to facilitate the operation of the NZFC websites, including:

• to ensure you can log in to your Member Account and enable you to maintain it;
• to record your orders and for billing purposes;
• for auditing purposes;
• to administer and improve the NZFC websites;
• to notify you of changes to our service, any relevant terms and conditions, and Privacy Policy;
• to provide Member service support;
• to develop and improve NZ Film Products, benefits and services we offer;
• to enforce our terms, conditions, and policies;
• to prevent fraud and run credit checks; and
• for administration and notification of competitions, surveys or promotions.

Disclosure to third parties

The NZFC works with third parties in its role as a national film agency. The NZFC also uses third party providers to provide services and perform functions on our behalf. We may share your personal information with the third parties we work with or who provide us with services or perform functions on our behalf. These third parties include:

• other public sector organisations (e.g. the Ministry for Culture and Heritage);
• our professional advisors and consultants;
• screen industry participants, such as distributors, sales agents and relevant sister agencies domestically and internationally;
• screen industry associations and guilds; 
• persons who assist us to provide services or perform our functions, including in relation to:
  • the development, operation and maintenance of the NZFC websites including Shift72 Limited who provide and support NZ Film On Demand. Shift72 Limited solely store your personaliInformation and do not share it with their third parties or use it for any purpose,
  • secure payment processing;
  • information processing and storage;
  • managing and enhancing customer data;
  • providing customer service;
  • assessing your interest in our products and services and conducting customer research or satisfaction surveys;
• social media sites on which we have a presence, including NZFC social media; and
• anyone else to whom you authorise us to disclose it.

Disclosure by Law

We may be required by law to disclose your personal information. 

We may also disclose your personal information to a third party if we have a belief that either you have consented to the action, or that such action is necessary to:

• enforce this Privacy Policy or any relevant Terms and Conditions;
• comply with a judicial proceeding, court order, or legal process;
• comply with the Official Information Act 1982; or
• protect the rights, property, or personal safety of us or our agents, personnel and subcontractors, Members, or others.

You authorise us to disclose any information about you to law enforcement or government officials as we, in our sole discretion, believe is necessary or appropriate.

Transfer of information overseas

We will generally hold your information in New Zealand. This means that if you are an EU resident, your personal informational information will be transferred and stored outside the European Economic Area. New Zealand has ‘adequacy’ for the purpose of Article 45 of Regulation (EU) 2016/679.

Certain personal information may be transferred to third countries or international organisations for the purpose of providing the NZFC’s services to you, or for performing the NZFC’s statutory functions.

Where personal information that is subject to Regulation (EU) 2016/679 is transferred outside of the European Economic Area or New Zealand, it will be:

• to a country or organisation that has ‘adequacy’ for the purpose of Article 45 of Regulation (EU) 2016/679 (including organisations subject to the Privacy Shield);
• transferred subject to the European Commission’s model contracts for the transfer of personal data to third countries (i.e., the standard contractual clauses), pursuant to Decision 2004/915/EC and Decision 2010/87/EU as appropriate;
• transferred subject to a legally enforceable instrument between public authorities and bodies; or
• transferred with the explicit consent of the individual whom the data is about.

Where information is transferred outside New Zealand, it will not be transferred without your permission unless:

• we believe on reasonable grounds that the organisation is subject to privacy laws that provide a comparable safeguard to those in New Zealand; or
• the organisation is required to protect the personal information in a way that, overall, provides comparable safeguards to those in New Zealand Privacy Law.

Third-party sites and services

NZFC Websites and other materials may contain links or references to third-party websites, products and services.

Information collected by such third parties, which may include your location data or contact details, is governed by the third party’s privacy practices or policies. We recommend that you check the privacy policies of those third parties. We accept no responsibility or liability for any third party’s practices or policies or your provision of personal information to them.

Cookies

“Cookies” are a small piece of data sent from a website and stored in a user’s web browser while the user is browsing that website. Every time the user loads the website, the browser sends the cookie back to the server to notify the website of the user’s previous activity.

The NZFC websites use “cookies” to make the service as easy for you to use as possible and helps us better understand user behaviour.

We treat information collected by cookies and other similar technologies as non-personal information unless:

• applicable laws require us to treat them as personal information; and
• to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.

You can disable cookies on your computer if you wish, but please note that if you disable caching or choose to block sites from sending any data, this will cause the site not to work.

Google Analytics

We use Google Analytics to help us to understand how you use our site and tools and to understand the activity of people who access the NZFC websites, which allows us to improve the NZFC websites and NZ Film Products for your benefit.

Google Analytics follows your progress through a website, collecting anonymous data on where you have come from, which pages you visit, and how long you spend on the site. Google then stores this data in order to create reports.

Google will track your IP address. This information may be transmitted to and stored by Google on servers in the United States. Google may use this information for the purpose of evaluating your use of the website, compiling reports on website activity for us, and providing other services relating to website activity and Internet usage.

Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. When you use the NZFC websites and NZ Film and NZFC Products, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

The Google website contains further information about Analytics and a copy of Google’s privacy policy.

Facebook Analytics

 We use Facebook Analytics to:

• help us understand what kinds of people are interacting with our Facebook page;
• target our Facebook posts towards particular groups of people; and
• understand the activity of people who visit our Facebook page and who access the NZFC websites through Facebook.

More information about Facebook Analytics can be found here.

Twitter Analytics

We use Twitter Analytics to help us understand what kinds of people are engaging with our Tweets and our Twitter account. More information about Twitter Analytics can be found here.

Instagram Insights

We use Instagram Analytics to help us understand what kinds of people are engaging with our posts and our Instagram account. More information about Instagram Analytics can be found here.

Security of your personal information

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect.

The NZFC and our third party providers store personal information in a secure environment accessed only by authorised persons. We use generally accepted security standards to protect personal information collected from you from misuse and loss and from unauthorised access, modification and disclosure.

The NZFC also maintains internal privacy procedures to ensure its staff handle personal information in an appropriate way. 

We cannot guarantee security of information transmitted through the internet.  We will do our best to protect your personal data, however any transmission is at your own risk.

How long will we keep your personal information?

The NZFC will retain your personal information for as long as it is needed for the purpose for which it was collected (or any other purpose you have consented to) or for so long as we are required by law to retain it.

Non EU Data subjects

If you are not an EU resident, you have the following rights in relation to access and correction of your personal information:

Access to your personal information

You can access some of your personal information that we collect through the NZFC websites by logging into your Member Account. You may request access to other personal information that we hold about you by contacting us on businessaffairs@nzfilm.co.nz.

Correction

You may request that we correct factual errors in your personal information by sending us an email request that shows the error(s) to businessaffairs@nzfilm.co.nz.

To protect your privacy and security, we may also take reasonable steps to verify your identity before granting access or making corrections. We may refuse access to or correction of your information for any reason of refusal permitted by law.

Complaints

If you have any questions about privacy related issues or wish to complain about the handling of your personal information by us, please contact our Privacy Officer at businessaffairs@nzfilm.co.nz. We may ask you to lodge your complaint in writing. Any complaint will be investigated by the Privacy Officer and you will be notified of the decision in relation to your complaint as soon as practicable after it is made, usually within 20 working days.

If we are unable to satisfactorily resolve your concerns about our handling of your personal information, you can contact the Office of the Privacy Commissioner at: PO Box 10-094, The Terrace, Wellington 6143, phone 0800 803 909, http://privacy.org.nz/.

EU Data Subject Rights

If you are an EU resident, you may have certain rights in relation to the personal information we hold about you. We set out these rights and how to exercise them below. Some of these rights only apply in certain circumstances.

These rights include:

• access;
• correction;
• erasure;
• restriction of processing; and
• data portability.

How to exercise your rights

Please note that we will require you to provide us with proof of identity before responding to any requests to exercise your rights. We must respond to a request by you to exercise those rights without undue delay and at least within 20 working days (although this may be extended by a further 40 working days in certain circumstances). To exercise any of your rights, please send the following details to businessaffairs@nzfilm.co.nz:

• proof of identity (one of the following: passport, driving licence, national identity card or birth certificate. The documents must include your full name and date of birth, nationality, and include proof of any name change). If you are exercising rights on behalf of another EU resident (the data subject), please include both your proof of identity and the proof of identity of the data subject. You will also need a signed consent from the data subject, authorising you to exercise these rights on their behalf. If the data subject is a minor, you will not need signed consent, but will require proof of your status as the data subject’s parent or guardian;
• contact details;
• details of country of residence;
• details of the data right(s) you wish to exercise, including any relevant details; and
• confirmation that you understand that NZFC may require further details from you in order to confirm your identity and/or process your request.

Please note, if you make a request in relation to your data rights and we do not hold information in a form that allows us to identify you, we will inform you of that. We will not be obliged to comply with those data rights unless you provide additional information that allows us to identify what information we hold about you. If we do not take action on your enquiries in relation to your data subject rights, we will advise you within 20 working days of the reasons we will not be taking action. You may make a complaint to us or to your data protection authority, and you may seek a judicial remedy in accordance with the provisions of the GDPR.

We will communicate any correction or erasure of personal information or restriction of processing that we undertake in accordance with your instructions to any third parties who have received that personal information, unless that notification is impossible or involves a disproportionate effort. If you request, we will provide you with details of those third parties that have received your personal information.

Complaints

In the event that you wish to make a complaint about how we process your personal information or respond to any request by you in relation to your data rights, please contact us and we will endeavour to deal with your request as soon as possible. You also have the right to launch a claim with your data protection authority.

Legal basis for using your personal information

The GDPR requires us to tell you the legal basis for processing your personal information.
The principal bases on which we process your personal information are:

• Consent: Applies where you have freely given an informed, specific and unambiguous indication that we are permitted to collect and process your personal information. At any time, you may revoke your consent to the processing of some or all of your personal information by:
  • emailing our data protection officer; and
  • using the “unsubscribe” function in any communication that we send to you.

If you revoke your consent, we may need to stop providing you with products, services, funding or support if consent is the only legal basis for our processing of your personal information. The withdrawal of consent will not affect processing of personal information that occurs before you notify us that you have withdrawn your consent.

• Contract: Applies if processing your personal information is necessary for the performance of a contract you are a party to. For example:
  • if we are acting as film income collection agent for you, we will need to store and use your bank account details in order to make payments to you;
  • if you are a Member, we will need to store and use certain personal information (e.g. your credit card details) to enable you to purchase and access NZ Film Products.

Access

You have the right to know whether we process personal information about you, and if we do, to access personal information we hold about you and certain information about how we use it and who we share it with.

We may not provide you with certain personal information if providing it would interfere with another’s rights (e.g. where providing the personal information we hold about you would reveal information about another person) or where another exemption applies.

You have the right to one copy of the information set out above. If you request further copies of that information, we may charge a reasonable fee for our administrative costs.

Correction

You have the right to correct any personal information we hold about you that is inaccurate. You may have incomplete personal information we hold about you completed, including by means of a supplementary statement (taking into account the purposes of processing of the relevant personal information). During the period while we assess whether the personal information we hold about you is inaccurate or incomplete, you may exercise your right to restrict our processing of the applicable data as described below.

Erasure

You may request that we erase the personal information we hold about you in the following circumstances:

• you believe that it is no longer necessary for us to hold the personal information we hold about you;
• we are processing the personal information we hold about you on the basis of your consent, you wish to withdraw your consent and there is no other ground under which we can process the personal information;
• you no longer wish us to use the personal information we hold about you in order to send you information about the NZFC and its services; or
• you believe the personal information we hold about you is being unlawfully processed by us.

During the period while we consider your request for erasure, you may exercise your right to restrict our processing of the personal information as described below.

Please provide as much detail as possible on your reasons for the request to assist us in determining whether you have a valid basis for erasure. After deleting the personal information, we may not be able to provide services to you, or the same level of service that we were previously able to provide.

Where you have requested that we erase personal information that we have made public and there are grounds for erasure, we will use reasonable steps to advise others that are displaying the personal information or providing links to the personal information to erase that personal information.

Restriction of Processing to Storage Only

You have a right to require us to stop processing the personal information we hold about you other than for storage purposes in certain circumstances. Please note, however, that if we stop processing the personal information, we may use it again if there are valid grounds under data protection law for us to do so (e.g. for the defence of legal claims or for another individual’s protection).

You may request we stop processing and just store the personal information we hold about you where:

• you believe the personal information is not accurate, for the period it takes for us to verify whether the personal information is accurate;
• the processing we are doing is unlawful and we wish to erase the personal information, but you require us to store the personal information instead; or
• the personal information is no longer necessary for our purposes and we wish to erase it, but you require us to store that personal information for the establishment, exercise or defence of legal claims.

Portability

You have the right to receive certain parts of the personal information that we collect from you in a structured, commonly used and machine-readable format and a right to request that we transfer such personal information to another party.

The personal information that you can request under this “portability” right is data that you have provided us with your consent, or that you provided for the purposes of performing our contract with you.

If you wish for us to transfer the personal information to another party, please ensure you provide the details of that party and note that we can only do so where it is technically feasible. We are not responsible for the security of the personal information or its processing once received by the third party. We also may not provide you with certain personal information if providing it would interfere with another individual’s rights, for instance where providing the personal information we hold about you would reveal information about another person.

Privacy questions

If you have any questions about this Privacy Policy, you can contact us in writing at the below address:

New Zealand Film Commission
PO Box 11 546
Manners Street
Wellington 6142
New Zealand

Or email businessaffairs@nzfilm.co.nz.

 

Definitions used in this privacy policy

EU RESIDENT means an individual who is in the European Union at the time their personal information is processed;

FILM APPLICATION PORTAL means the online portal for submission of funding applications, available at www.funding.nzfilm.co.nz;

GDPR means the European General Data Protection Regulation;

MEMBER means a person that has completed the requisite information and accepted membership for the purposes of purchasing and accessing NZ Film Products through the NZFC WEBSITES and MEMBERSHIP has a corresponding meaning;

MEMBER ACCOUNT means an account held by a Member with NZFC for the purposes of purchasing and accessing NZ Film Products through the NZ Film On Demand;

NEW ZEALAND PRIVACY LAW means:

• the Privacy Act 2020 and any regulation and/or code of practice issued under it; and
• any other law relating to the protection of Personal Information that the NZFC must observe.

NZ FILM ON DEMAND means the online service for access to and purchase of NZ Film Products at ondemand.nzfilm.co.nz;

NZ FILM PRODUCT means a film or any other product or content accessed or provided for purchase through the NZ Film on Demand;

NZFC means the New Zealand Film Commission, a New Zealand Crown Entity formed under the New Zealand Film Commission Act 1978;

NZFC SOCIAL MEDIA means the New Zealand Film Commission Facebook page, Instagram page and Twitter account.  

NZFC WEBSITES means the New Zealand Film Commission website (www.nzfilm.co.nz), the  Film Application Portal (www.funding.nzfilm.co.nz), the NZ Film on Demand Service (ondemand.nzfilm.co.nz), and the NZFC iOS and Android applications;

PERSONAL INFORMATION means information relating to an identified or identifiable natural person;

USER means a person that has completed the requisite information and accepted the terms of the Film Application Portal for the purposes of submitting funding applications to NZFC;

USER ACCOUNT means an account held by a User with the NZFC for the purposes of submitting funding applications to NZFC.