Thai Participant Privacy Notice

3BMG, LLC Thai Participant Privacy Notice

1. WHAT IS THE PURPOSE AND SCOPE

This Privacy Notice (“Notice”) describes how we collect, use, and disclose the personal information (as described in section 3 below) of participants in certain 3BMG, LLC productions (the “Productions”). This Notice is issued in accordance with the Personal Data Protection Act B.E. 2562 (2019) of Thailand (the “PDPA”). It applies to participants, including artists and performers, who appear in Productions filmed in Thailand. In this Notice, “personal information” has the same meaning as “personal data” under the PDPA.

In this Notice, we will use the terms “3BMG”, “we”, “us” and “our” to refer to the 3BMG brand that is producing or commissioning the show or other content that you may appear in.

Who is responsible for your personal information:

3BMG, LLC is the data controller of your personal information for the purposes of the PDPA. 116 Pictures (Thailand) Co., Ltd. will act as our data processor / a joint data controller for filming activities in Thailand.

It is important that you read this Notice, together with any other terms, releases and notices that we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information. If there are third parties involved in the Productions who have collected your personal information directly from you, they may use your information in accordance with their own privacy and cookie notices, which you should also read.

This Notice does not form part of any contract with you. Where we ask for your consent, we will do so separately. Your consent is voluntary, and we will not make your participation conditional on consent to processing that is not necessary for the Production.

We may update this Notice at any time. If we make material changes, or if we intend to use your personal information for a purpose not described in this Notice, we will notify you before doing so and, where required by the PDPA, obtain your consent.

2. HOW DO WE COLLECT YOUR PERSONAL INFORMATION

We collect information about you through our casting process and through your participation in the Productions and related activities, either directly from you or from your representative, or from third parties authorized by you or from publicly available sources (such as your published work, websites and social media accounts). Where we collect personal information about you from a source other than you, we will inform you of that collection no later than 30 days after collection, unless an exemption applies.

Minors. If you are under 20 years of age (a minor under Thai law), we will collect and use your personal information only with the consent of your parent or legal guardian where required by the PDPA.

If you do not provide your information. Some personal information (such as identity, immigration, work permit and tax information) is required for your participation agreement or by law. If you do not provide it, we may be unable to engage you or to continue your participation in the Production.

Information about other people. If you give us personal information about other individuals (such as emergency contacts, family members or friends), please make sure they are aware of this Notice.

3. WHAT INFORMATION DO WE COLLECT, WHY, AND ON WHAT LEGAL BASIS

Please see below for the kinds of information we may hold about you and the purposes for which we use them. The information and usage described within this Notice may be supplemented via agreements with you. Categories marked “sensitive” are sensitive personal data under the PDPA, which we collect and use only with your explicit consent or where another PDPA exception applies. In the “Lawful basis” for each category, “contract” means performance of your participation agreement and release; “legitimate interests” means our legitimate interests in casting, producing, distributing and promoting the Productions; and “legal obligation” means compliance with applicable law.

• Name and contact information, such as address, telephone numbers and email addresses, of you and of other individuals whose details you have provided to us (such as your beneficiaries, emergency contacts, friends and family), so we and our partners can communicate with you or them, including to comply with laws. Lawful basis: contract; legitimate interests; legal obligation.
• Identity, immigration, and work authorization information, such as your passport, national identity card, visa, and work permit, so we can verify your identity and comply with Thai immigration, foreign worker, and film production permit requirements. We will not record sensitive personal data shown on identity documents (such as religion) that we do not need. Lawful basis: legal obligation; contract.
• Other information provided by you and others as part of the casting and production process, which (depending on the specific production and as permitted by law) may include your experiences, background information (e.g., hometown, occupation), personal characteristics (e.g., date of birth, interests), photos or videos, social media handle(s), and information about your family, friends and partners. We may use this information to help us learn your story as we cast, produce, and promote our Productions and related marketing and advertising content. We will not ask you to share sensitive personal data (such as health, religion or sexual orientation) for your story unless you choose to do so and give your explicit consent. Lawful basis: contract; legitimate interests; explicit consent for any sensitive personal data.
• Visual and sound recordings made in connection with the Productions, including your name, image, likeness, voice and performance. These recordings will be transferred to the United States for editing and post-production and will be included in the Productions and related promotional materials distributed worldwide (see section 5). We do not use the recordings for facial recognition or other biometric identification. Lawful basis: contract; legitimate interests.
• Medical and/or psychological assessment information (if applicable). For some Productions, we engage medical and psychological professionals to perform medical and/or psychological assessments of our participants, with their explicit consent. We do this in order to protect the health and safety of our participants, and that of other people involved in the Productions, and this information is shared with us for this purpose. This is sensitive personal data. Lawful basis: explicit consent; or to protect life or health where you cannot consent.
• Background check information. For some Productions, we engage background check providers to perform background checks on our participants, with their explicit consent. We do this in order to protect the health and safety of other people involved in the Productions, to verify the information provided by the participants, and for reputational reasons, and this information is shared with us for this purpose. Background checks may include criminal record information, which is sensitive personal data. Lawful basis: explicit consent.
• Health information that you provide to us, including information about your physical or mental health or disability status. We may collect and use this to protect your health and safety and that of other people involved in the Productions, to assess your fitness to participate, provide certain accommodations, ensure that the Productions are appropriately insured, comply with (or exercise rights under) legal or contractual obligations, and (with your permission) to tell your story as part of the Productions. This is sensitive personal data. Lawful basis: explicit consent; to protect life or health where you cannot consent; or legal claims.
• Union/Guild membership information (if applicable), so we can comply with (or exercise rights under) collective bargaining agreements and other legal requirements. This is sensitive personal data. Lawful basis: explicit consent; legal obligation.
• Demographic information (if applicable), so we can ensure meaningful equal opportunity and diversity and inclusion monitoring and reporting, and to comply with legal requirements. Providing demographic information is entirely voluntary, and you may decline without any effect on your participation. Where demographic information includes sensitive personal data (such as racial or ethnic origin or disability), we will collect it only with your explicit consent. Lawful basis: explicit consent; legal obligation.
• Financial information (if applicable), such as bank account details if required for direct deposit, social security number, tax identifier and tax information. Lawful basis: contract; legal obligation.

In addition, we may use the above personal information to comply with the law, to seek legal advice from outside counsel or in connection with litigation with a third party, and to ensure compliance with policies, guidelines and contracts. Lawful basis: legal obligation; legitimate interests; and, for sensitive personal data, legal claims.

4. WHO IS YOUR PERSONAL INFORMATION DISCLOSED TO

Within 3BMG

We will share your personal information with people within 3BMG in order to carry out the purposes described in this Notice. We put in place controls to restrict access to your more sensitive information (e.g. health, psychological and financial information, if any) to appropriate personnel.

Outside 3BMG

We may share relevant personal information with the following categories of recipients, if applicable:

• Service Providers: including transport and security providers, medical professionals, background check providers and other production service providers, so that they can provide the relevant services needed on Productions.
• Other production staff or companies involved with the Productions: We may share information with other production staff or companies in order to develop, produce, and film the Productions.
• Distribution, Publicity, Advertising and Marketing partners: We may share aspects of your story with potential and existing distribution, publicity, advertising and marketing partners in order to distribute and promote the Productions and related advertising and marketing content.
• Viewers: Your personal information that is included in the Productions and related promotional and digital materials will be seen by viewers.

Other disclosures: Generally, 3BMG shares personal information other than as described above as follows:

• when required to do so by law, regulation, or court order;
• in response to a request for assistance by a law enforcement agency; and
• to seek legal advice from 3BMG’s external lawyers or in connection with litigation with a third party.

5. INTERNATIONAL TRANSFERS OF YOUR PERSONAL INFORMATION

Your personal information, including the visual and sound recordings, will be transferred to the United States for editing and post-production, and the Productions (and the personal information they contain) will be distributed and made available worldwide. It may also be transferred to other countries where our affiliates, service providers and distribution partners are located. Some of these countries may not have data protection standards recognized as adequate by the Personal Data Protection Committee of Thailand (“PDPC”).

We will transfer your personal information outside Thailand only as permitted by the PDPA, for example where the transfer is necessary to perform your participation agreement, with your consent, or subject to appropriate safeguards. You may ask us about these safeguards using the details in section 9.

6. HOW WE PROTECT YOUR PERSONAL INFORMATION

We maintain organizational, technical, and physical safeguards to help protect the information we collect and use. These safeguards vary depending upon a variety of factors, including the sensitivity of the information we collect and use. Despite all reasonable practices, no security method is infallible.

7. HOW LONG WE KEEP YOUR PERSONAL INFORMATION

We keep your personal information only for as long as necessary for the purposes described in this Notice, as follows:

• Casting information of individuals who are not selected: up to [12] months after the end of casting for the relevant Production.
• Contract, payment and tax records: for the term of your participation agreement and for up to 10 years after it ends, or longer where required by law.
• Medical, psychological, health and background check information: no longer than [6] months after filming is completed, unless needed to establish, exercise or defend a legal claim.
• Visual and sound recordings and the Productions: for as long as the Productions are produced, distributed and exploited, which may be indefinitely, as provided in your participation agreement and release.

When the retention period ends, we will delete or destroy your personal information or make it anonymous so that it no longer identifies you.

8. YOUR RIGHTS

Subject to the conditions and exceptions in the PDPA, you have the right to:

• withdraw your consent at any time, without affecting the lawfulness of processing carried out before withdrawal;
• access and obtain a copy of your personal information, and ask how we obtained it;
• receive your personal information in a machine-readable format, or have it sent to another data controller;
• object to the collection, use or disclosure of your personal information;
• ask us to delete, destroy or anonymize your personal information;
• ask us to restrict the use of your personal information;
• ask us to correct your personal information; and
• lodge a complaint with the PDPC.

To exercise your rights, contact us using the details in section 9. We will respond within 30 days of receiving your request. We may refuse or limit a request where permitted by the PDPA, for example where the processing is necessary to perform your participation agreement, for freedom of expression, or to establish, exercise or defend legal claims. In particular, withdrawing your consent or requesting erasure may not require us to remove your appearance from Productions that have already been completed, broadcast or distributed.

9. CONTACT US

3BMG, LLC: 15301 Ventura Blvd., Building B, Suite 260, Sherman Oaks, CA 91403; email: [email protected]; telephone: +1 424-236-7500.

116 Pictures (Thailand) Co., Ltd.: 4 Rama 9 Road, Hua Mak Subdistrict, Bang Kapi District, Bangkok

Representative in Thailand / Data Protection Officer: 116 Pictures (Thailand) Co., Ltd.: 4 Rama 9 Road, Hua Mak Subdistrict, Bang Kapi District, Bangkok; [email protected].

PDPC: Ministry of Digital Economy and Society, Bangkok; website: www.pdpc.or.th.

10. LANGUAGE

This Notice is provided in English and may be translated into Thai or other languages for convenience. If there is any inconsistency between the English version and any translation, the English version will prevail.