Skydance Canada Personnel Privacy Notice ("Notice")
Effective Date: September 9, 2024
Skydance Canada Personnel Privacy Notice (“Notice”)
Effective Date: September 9, 2024
1. Introduction
This Notice describes how Skydance Productions, LLC and its parent, subsidiaries, and other affiliates under the control of our corporate parent (“Company,” “we,” “us,” or “our”) collects, uses, discloses, and retains the personal information of its Personnel (defined below) in various human resources (“HR”) contexts. In the event of a conflict between any other Company policy, statement, or notice and this Notice, this Notice will prevail as to Canadian Personnel, unless stated otherwise.
2. Application
This Notice applies to the following Canadian residents whose personal information we collect in HR contexts:
- Job applicants who have applied for a position with Company.
- Current/former employees of Company.
- Independent contractors of Company (including loaned out personnel).
- Co-employees that are also employed by a third party. Note, however, that co-employees may also be subject to the third party’s privacy notice.
- Personnel employed or engaged by another business from which we license or otherwise acquire media products or services, who provide us with their personal information in connection therewith (e.g., as part of the rights chain of title).
The individuals referred to in the foregoing bullet points are collectively referred to as “Personnel” throughout this Notice.
3. Definitions
In this Notice:
- “Data” has the meaning ascribed in section 9.
- “HR” has the meaning ascribed in section 1.
- “IT Resources” has the meaning ascribed in section 9.
- “personal information” means information about an identifiable individual, including the kinds of information detailed in section 6.
- “personnel” has the meaning ascribed in section 2.
- “privacy laws” means applicable laws and regulations relating to the handling of personal information in Canada, which may include (depending on the circumstances) the Alberta Personal Information Protection Act, the British Columbia Personal Information Protection Act, Quebec’s Act respecting the protection of personal information in the private sector and the federal Personal Information Protection and Electronic Documents Act.
- “you” and “your” refers to an individual who is a Personnel.
4. Notice and Consent
Company collects, uses, discloses and retains your personal information for purposes reasonably required to establish, manage and terminate our relationship with you as described in this Notice and other notices Company may give you from time to time and as otherwise permitted by privacy laws.
Company may collect, use, disclose and retain your personal information for other purposes that may require your consent. In those cases, by providing us with your personal information you acknowledge that you have read and understood this Notice and are deemed to consent to Company’s collection, use, disclosure and retention of the personal information in accordance with this Notice and other notices Company may give you from time to time and as otherwise permitted by applicable law.
Company may collect, use and disclose your personal information without your knowledge or consent as required or permitted by applicable law.
If you give Company the personal information of another individual, then you are solely responsible for complying with all applicable laws, including obtaining the individual’s valid consent, regarding your collection and disclosure of the personal information to Company and Company’s use, disclosure and retention of the personal information.
5. What Personal Information Company Collects
Company collects your personal information that is necessary to establish, manage and terminate your relationship with us, to comply with our legal obligations and for our legitimate business purposes, including:
- Identifiers, including your name, postal address, telephone number, mobile number, date of birth, government-issued IDs (including your Social Insurance Number, passport number and driver’s license), license plate numbers, unique personal identifiers, online identifier, networking address, device identifier, e-mail address, account name, and similar contact information and identifiers.
- Personal records, including your name, signature, description, telephone number, address, government-issued IDs (including your Social Insurance Number and driver’s license), education, employment, employment history, bank account number, other financial information, medical information and health information. Some personal information in this category may overlap with other categories.
- Personal characteristics or traits, including your age, gender, race or ethnicity, citizenship, religious or philosophical beliefs, medical information, and disability information only where it is relevant for our legitimate business purposes or to address accommodation requests or union membership. We may also collect sexual orientation on a voluntary and confidential basis (for example, in the context of diversity and inclusion programs).
- Commercial information, records of products or services purchased or obtained in the HR context, such as benefits you have signed up for.
- Information about your use of the internet, our networks and our devices,when you use our networks, devices (including, if applicable, your own device in the context of a “bring your own devices” program), online systems or otherwise interact with us online, we may collect browsing history, search history, computer type, operating system, and other information and analytics regarding your interaction with our systems or other sites, applications, or communication content (including emails and text messages).
- Geolocation data, if you use our systems or interact with us online, we may gain access to the approximate, and sometimes precise, location of the device or equipment you are using, or the location from which you are accessing our systems. We may also track the location of Company-owned, -rented, or -leased equipment.
- Sensory data, we may collect audio, video, electronic, or similar information, for example, CCTV security, HR hotlines (though you may use the hotline without identifying yourself), audio/video conferencing services and photo identification.
- Professional or employment-related information, including your title and compensation information, work schedule and status, work experience, education, language and other relevant skills, willingness to relocate, certifications and other credentials, benefits and leave information, stock options, information related to any legal issues or disputes that may arise, performance reports and assessments, development programs, disciplinary records, termination date and reasons (voluntary or involuntary and details) for termination.
- Non-public education records, education records directly maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, schedules, identification codes, financial information, or disciplinary records.
- Financial information,includingyour financial institution, bank account number and information required to issue fiscal forms.
- Information about your emergency contacts, beneficiaries, dependents, where you have their consent to share with us, including their names and contact information, and dates of birth (if applicable).
- Background checks information, including criminal records with your consent.
- Other information, including information you may be requested to provide from time to time or information you may provide through any HR related system.
6. How Company Collects Personal Information
We may collect your personal information directly from you, such as when you apply for a position or become employed or engaged by us (e.g., identification/identity data, contact details, educational and employment data), from others through interactions in the course of employment or engagement, from third parties (e.g., background check vendors and references, co-employers, loan out companies, producers from which we acquire media properties, etc.), or from public sources of data (including LinkedIn or similar professional or recruitment websites or online platforms).
7. How Company Uses Personal Information
Company uses your personal information for purposes necessary to establish, manage or terminate our relationship with you, to comply with our legal obligations, for other HR and legitimate business purposes as described in this Notice and other notices Company may give you from time to time, and as otherwise required by law or permitted by privacy laws.
For example, Company may use your personal information for the following purposes:
- Workforce management: Managing work activities and Personnel generally, including recruitment, appraisals, performance, promotions and succession planning, rehiring, salary and payment administration and reviews, wages and other awards such as bonuses, healthcare, pensions and savings plans, training, leave, sick leave, promotions, transfers, secondments, honouring other contractual benefits, providing Personnel references, loans, performing workforce analysis and planning, performing Personnel surveys, performing background checks, managing disciplinary matters, grievances and terminations, reviewing employment decisions, making business travel arrangements, managing business expenses and reimbursements, planning and monitoring training requirements and career development activities and skills, and creating and maintaining one or more internal Personnel directories.
- Communication and emergencies: Facilitating communication with Personnel, ensuring business continuity, providing references, protecting the health and safety of Personnel and others, safeguarding IT infrastructure, office equipment and other property, facilitating communication with the Personnel or the Personnel’s nominated contacts in an emergency.
- Business operations: Operating and managing the IT and communications systems, managing product and service development, improving products and services, managing company assets, allocating company assets and HR, strategic planning, project management, business continuity, compilation of audit trails and other reporting tools, maintaining records relating to business activities, budgeting, financial management and reporting, communications, managing mergers, acquisitions, sales, re-organizations or disposals, and integration with purchasers.
- IT support: Hosting and management of servers and networks, security of servers and network, web service monitoring problem determination and problem resolution, database administration and support, and server configuration and support.
- Compliance: Complying with Company’s legal and other requirements, including but not limited to income tax and insurance deductions, record-keeping and reporting obligations, conducting audits, complying with government inspections and other requests from government or other public authorities, responding to legal processes such as subpoenas, pursuing legal rights and remedies, defending litigation and managing any internal complaints or claims, conducting investigations, and complying with internal policies and procedures.
- Media distribution and marketing: In connection with the production of media products and services, we, and our licensees and assigns, use personal information of talent (e.g., actors, writers, directors, etc.) with your consent for commercial purposes related to such media products and services (e.g., providing credits, depicting performers, creating animations based on performers, promoting productions, distributing media properties, etc.).
Company may combine your personal information collected from various sources. Company may use your personal information to create non-personal information, and we may then use, disclose and retain the non-personal information as set out below in this Notice and other notices Company may give you from time to time and as otherwise permitted by privacy laws.
8. Who Accesses Personal Information
The following categories of individuals or organization may have access to your personal information:
- Personnel: Personnel may access, use, disclose and otherwise handle your personal information for the performance of their assigned HR work and responsibilities.
- Service providers: Company may retain service providers (i.e., independent contractors or consultants) to handle personal information on our behalf. Services providers may provide the following types of services to Company: audit, information technology, payroll, insurance, expense processing, human resources administration, personnel loan-out, security, facility management, benefits administration, transcription/translation and VFX services.
- Entities within our Company group: We may share personal information of Personnel within our Company group for the purposes detailed in this Notice.
- Third parties: Company may also disclose your personal information to third parties for purposes detailed in this Notice or in other notices we may give you from time to time, in accordance with your specific requests or consents, and as otherwise permitted by applicable law, including:
- to government agencies with a legal authority to request the information (for example, to respond to employment insurance inquiries, in connection with an application for a grant, subsidy or program, etc.);
- to relevant third parties when required to perform reference or background checks (with your consent);
- to relevant third parties (e.g., if you ask Company to act as a reference for you) in accordance with your consents or requests;
- to relevant investors (e.g., in connection with our voluntary diversity programs, review and approval of executive employment terms, and other contractual obligations to investors);
- to relevant third parties acquiring rights to media properties and their agents and auditors in accordance with your consent;
- to relevant unions or guilds and their auditors;
- to relevant third parties in connection with a prospective or completed business transaction, bankruptcy or similar proceeding (e.g., a purchase/sale of business or assets, a merger or amalgamation or a financing transaction) to which Company is a party; and
- as required or authorized by applicable law, including to comply with a subpoena, warrant or court or arbitral order or litigation disclosure obligation, or if Company reasonably believe the disclosure is necessary or appropriate in connection with national security, law enforcement or other issues of public importance or the disclosure is necessary or appropriate to prevent fraud, to protect and enforce Company’s legal rights, interests and remedies, to protect our business and operations, or to protect the rights, interests and remedies of other persons.
9. Monitoring/Access
All data, documents, records and information (including emails and text messages) created, accessed, processed, stored or transmitted (“Data”) using Company’s information technology resources, including facilities, equipment, personal computers, mobile devices, networks, systems, services and applications (“IT Resources”), are assumed to be related to your employment or engagement with us. Except where protected by law, you have no expectation of privacy regarding any Data or your access to or use of IT Resources, regardless of whether or note they are marked as “personal”, “private” or “confidential”.
Company may, in its sole discretion, access and use any and all Data, and monitor your access to and use of Company’s premises, facilities, IT Resources and Data, for our legitimate business and legal compliance purposes (including for purposes of training and quality control, verifying your compliance with our policies and procedures, maintaining the security and safety of Personnel, customers and property, maintenance and repair of IT Resources; other purposes as set out in this Notice and other notices Company may give you from time to time, and as otherwise permitted by applicable law), all without providing any additional notice to you or obtaining your additional consent, except where required by law.
10. Biometric data
We collect biometric data, such as scans of facial geometry, from select Personnel who provide their specific express consent pursuant to an appropriate agreement in connection with the production, distribution, and promotion of media products and services (e.g., depicting performers, creating animations based on performers, promoting productions, etc.). If Company collects biometric data about you, Company will collect and use your biometric data solely in accordance with the specific express consent you have provided to Company pursuant to such an agreement. Company does not collect or use biometric data for any other purpose.
11. Retention of Personal Information
Company will retain your personal information for the period reasonably necessary for the purposes for which the information was collected (as set out or referenced in this Notice), for our additional legitimate business purposes and to comply with legal obligations, or a longer period required or permitted by applicable law. Company will then dispose of the information, or effectively anonymize the information, in accordance with privacy laws and other legal requirements.
12. Location of Personal Information
We are part of a group of companies, and use service providers, that store and process your personal information in Canada (or in different regions within Canada), the United States and other countries. The privacy and personal information protection laws of those other countries might be different from the laws of the jurisdiction in which you reside, and might permit courts, government, government agencies (including law enforcement, regulatory agencies and security authorities) to access your personal information without notice or consent.
13. Protecting Personal Information
Company has implemented and will maintain appropriate safeguards (including physical, organizational and technological measures) to protect the security, confidentiality, integrity and availability of personal information of Personnel.
14. Accuracy, Access, and Correction of Personal Information
Company expects and requires that you ensure that your personal information provided to Company is accurate and complete, and that you update your personal information held by us promptly after any change to the information.
Subject to the restrictions and requirements in privacy laws, you may reasonably request in writing access to your personal information that Company collects and certain information about our use, disclosure and retention of your personal information. Subject to exceptions and limitations prescribed by privacy laws, you will be given reasonable access to your personal information under Company’s control and you will be entitled to verify the accuracy and completeness of the personal information and have the information corrected as appropriate. You may be required to pay a reasonable fee for access to your personal information. Company may decline to process an access request that is unreasonably repetitive, frivolous, vexatious or impracticable, or if we reasonably believe that the requested access would infringe or jeopardize the privacy of other persons, or violate any applicable law or legal requirement, or for other reasons permitted by applicable law.
Privacy laws may give you a limited right to withdraw your consent to Company’s collection, use, disclosure and retention of your personal information subject to legal or contractual restrictions. However, in most circumstances you may not refuse or withdraw your consent to Company’s collection, use, disclosure or retention of your personal information where reasonable and necessary to establish, administer and terminate your relationship with us, to comply with our legal obligations, and for our legitimate business purposes.
15. Other Policies and Notices
Please review the Employee Handbook, which contains additional information relevant to this Notice. In addition, there may be other relevant policies and notices that Company will communicate to you from time to time.
16. Questions
If you have any questions about this Notice or how Company handles your personal information, please contact our Privacy Officer at HR-privacy@skydance.com.
17. Changes to this Notice
Company may change this Notice from time to time by posting a new version of this Notice here.