Last updated 21 November 2018

**

Introduction

** Your privacy is important to the New Zealand Film Commission (NZFC, Us or We).

NZFC is a crown entity established under New Zealand law, pursuant to the New Zealand Film Commission Act 1978. Our statutory functions include:

In addition to our privacy obligations under New Zealand Privacy Law, we are 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 we may collect from you, how we use it, how we disclose it, how we protect it and your choices regarding your personal information. This Policy applies across all of our platforms, to all of NZFC’s activities and to all products and services offered by NZFC.

**

Consent

** By providing your personal information to us, 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 Privacy Policy

** We 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 we make significant changes, we will notify you of the changes through the NZFC Websites or through others means, such as email. To the extent permitted under applicable law, by using our services after such notice, you consent to our updates to this policy.

If you do not agree to any change we make, you should immediately stop using NZFC’s services and the NZFC Websites.

Please read this Privacy Policy carefully.

**

Why do we collect personal information?

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

Who do we collect personal information about?

We collect and hold personal information about:

**

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:

**

Special categories of personal information

**
Some personal information, including information that reveals tribal affiliations, racial or ethnic origin, political opinions, religious or philosophical belief, trade union membership, genetic data, biometric data, health status, sex life or sexual orientation 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

** 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 NZFC can further develop existing services and investigate new services that enable NZFC to better assist with the development and marketing of NZ 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:

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:

Where you are providing us with information about another individual, you undertake and will ensure that the individual who’s Personal Information you are supplying to us has authorised the disclosure of that Personal Information to us, 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

** 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:

If you are a Member, NZFC uses your personal information to facilitate the operation of the NZFC Websites, including:

**

Disclosure to third parties

** NZFC works with third parties in its role as a national film agency. 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:

**

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:

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 information will be transferred and stored outside the European Economic Area. New Zealand has ‘adequacy’ for the purpose of Article 45 of Regulation (EU) 2016679.

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 information that is subject to Regulation (EU) 2016679 is transferred outside of the European Economic Area or New Zealand, it will be:

**

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:

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 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:

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 Insights to help us understand what kinds of people are engaging with our posts and our Instagram account. More information about Instagram Insights 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.

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.

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

Given the nature of the internet 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?

** 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:

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 one month (although this may be extended by a further two months in certain circumstances). To exercise any of your rights, please send the following details to businessaffairs@nzfilm.co.nz:

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 request in relation to your data subject rights, we will advise you within one month 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:

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.

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:

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 try to tell 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:

Portability You have the right to receive a 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;

NZ FILM ON DEMAND means the online service for access to and purchase of NZ Film Products at www.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 (www.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.