Legal

This section of our Help Center covers the terms, conditions, and policies of Crewlist in plain legal English.

Select the option below that best matches your query to get started.


What are Crewlist's Terms and Conditions?

TERMS AND CONDITIONS

Welcome to Crewlist, the Film Crew Booking App. The following terms and conditions have been written to ensure that Crewlist is a safe place for filmmakers to connect and collaborate.

The terms and conditions are the terms on which Crewlist Limited offers you access to the Services and the Website. By registering as a member of Crewlist you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services.

As Crewlist operates in a changing commercial, technological and regulatory environment, we may amend these terms and conditions from time to time. Occasionally, we may make urgent changes, but will generally give you at least two weeks' notice to review these changes. We may also seek your feedback on proposed changes through social media, or, for significant changes notify you directly via email. Unless otherwise stated, amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.

These terms and conditions were last updated 12 November 2016.

  1. Sharing Your Content and Information

    You own all of the content and information you post on Crewlist, and you can control how it is shared through your privacy settings. In addition:

    1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Crewlist (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

    2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

    3. When you publish content or information on your profile, it means that you are allowing everyone, including people off of Crewlist, to access and use that information, and to associate it with you (i.e. your name and profile photo).

    4. We always appreciate your feedback or other suggestions about Crewlist, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

  2. Safety

    We do our best to keep Crewlist safe, but we cannot guarantee it. We need your help to keep Crewlist safe, which includes the following commitments by you:

    1. You will not post unauthorized commercial communications (such as spam) on Crewlist.

    2. You will not collect users' content or information, or otherwise access Crewlist, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.

    3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Crewlist.

    4. You will not upload viruses or other malicious code.

    5. You will not solicit login information or access an account belonging to someone else.

    6. You will not bully, intimidate, or harass any user.

    7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

    8. You will not use Crewlist to do anything unlawful, misleading, malicious, or discriminatory.

    9. You will not do anything that could disable, overburden, or impair the proper working or appearance of Crewlist, such as a denial of service attack or interference with page rendering or other Crewlist functionality.

    10. You will not facilitate or encourage any violations of this Statement or our policies.

  3. Registration and Account Security

    Crewlist users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

    1. You will not provide any false personal information on Crewlist, or create an account for anyone other than yourself without permission.

    2. You will not create more than one personal account.

    3. If we disable your account, you will not create another one without our permission.

    4. You will not use Crewlist if you are a convicted sex offender.

    5. You will keep your contact information accurate and up-to-date.

    6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

    7. You will not transfer your account to anyone without first getting our written permission.

    8. If you select a username or similar identifier for your profile, we reserve the right to remove or reclaim it if we believe it is appropriate.

    9. By creating an account you authorize Crewlist to make unlimited API calls, HTTP requests and/or other protocol transmissions to and from other services including, but not limited to, www.imdb.com on your behalf. You will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) caused by these protocol transmissions.

  4. Protecting Other People's Rights

    We respect other people's rights, and expect you to do the same.

    1. You will not post content or take any action on Crewlist that infringes or violates someone else's rights or otherwise violates the law.

    2. We can remove any content or information you post on Crewlist if we believe that it violates this Statement or our policies.

    3. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

    4. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

    5. You will not use our copyrights or Trademarks or any confusingly similar marks, except with our prior written permission.

    6. If you collect information from users, you will: obtain their consent, make it clear you (and not Crewlist) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

    7. You will not post anyone's identification documents or sensitive financial information on Crewlist.

  5. Mobile and Other Devices

    1. We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.

    2. In the event you change or deactivate your mobile telephone number, you will update your account information on Crewlist within 48 hours to ensure that your messages are not sent to the person who acquires your old number.

    3. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Crewlist.

  6. Special Provisions Applicable to Software

    1. If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.

    2. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.

  7. Termination

    If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Crewlist to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 1.2, 1.4, 2-4, 9.3, and 7-10.

  8. Disputes

    1. If anyone brings a claim against us related to your actions, content or information on Crewlist, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Crewlist and are not responsible for the content or information users transmit or share on Crewlist. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Crewlist. We are not responsible for the conduct, whether online or offline, of any user of Crewlist.

    2. We try to keep Crewlist up, bug-free, and safe, but you use it at your own risk. We are providing Crewlist as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that Crewlist will always be safe, secure or error-free or that Crewlist will always function without disruptions, delays or imperfections. Crewlist is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement or Crewlist, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this statement or Crewlist will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Crewlist's liability will be limited to the fullest extent permitted by applicable law.

  9. Definitions

    1. By "Crewlist" or "Crewlist Services" we mean the features and services we make available, including through (a) our website at www.crewlist.co.nz and any other Crewlist branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Crewlist reserves the right to designate, in its sole discretion, that certain aspects of our brands, products, or services are governed by separate terms and not this SRR.

    2. By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Crewlist or provide data to us.

    3. By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Crewlist.

    4. By "content" we mean anything you or other users post, provide or share using Crewlist Services.

    5. By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Crewlist or provide to Crewlist through Platform.

    6. By "post" we mean post on Crewlist or otherwise make available by using Crewlist.

    7. By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

    8. By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.

    9. By “Trademarks” we mean the any trademarks registered under the ownership of Crewlist Limited.

  10. Other

    1. These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.

    2. This Statement makes up the entire agreement between the parties regarding Crewlist, and supersedes any prior agreements.

    3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.

    4. If we fail to enforce any of this Statement, it will not be considered a waiver.

    5. Any amendment to or waiver of this Statement must be made in writing and signed by us.

    6. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.

    7. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

    8. Nothing in this Statement shall prevent us from complying with the law.

    9. This Statement does not confer any third party beneficiary rights.

    10. We reserve all rights not expressly granted to you.

    11. You will comply with all applicable laws when using or accessing Crewlist.

What is Crewlist's Privacy Policy?

PRIVACY POLICY

At Crewlist we believe that privacy is a right, not a privilege. We are committed to protecting the privacy of our users and ensuring that our procedures are as transparent as possible. This privacy policy is our way of documenting our methods of gathering, storing, and using information about our users. See our Terms and Conditions for additional information regarding your relationship with Crewlist, or to find definitions for terms that are not explicitly defined in this document.

  1. Use of Your Information

    Crewlist does not sell or rent your personal information to third parties. Personal information is information about an identifiable individual, as defined by the Privacy Act 1993.

    Crewlist collects information about you through your use of the Services and the Website, including your registration details and information relating to your use of the Website and the Services, such as the content you access (like pages you have viewed and the search queries you input).

    Crewlist uses the information we collect to help us provide the Services to you, to verify your identity, to enforce or apply our terms and conditions, to protect the rights, property, or safety of Crewlist Limited, our users, or others, for internal research purposes, for promoting and marketing other Crewlist products and Services to you, and for any other use that you authorise.

    We release personal information only when we believe release is appropriate for legal compliance and law enforcement (including to government agencies with statutory law enforcement responsibilities); to facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of Crewlist, our users, or others. Government agencies with statutory roles enabling them to request data from us include but are not restricted to the Police, Inland Revenue and the Ministry of Business, Innovation and Employment.

    Crewlist also collects personal information about individuals (such as contact details) from public sources or from third parties where appropriate under Principle 2(2)(c) of the Privacy Act 1993.

    You can contact Crewlist to ask whether your information has been provided, or with any other privacy-related question.

    Where Crewlist uses third parties to undertake services, we may provide those third parties with some of your information if it is required to fulfil those services. For example to conduct research for us to ensure the Services we provide you are relevant and personalised to your interests. We also use third party software (such as customer relationship management and accounting software) that holds your information, sometimes overseas. We require any third party to undertake strict precautions to protect your information against unauthorised use or disclosure.

    If you wish to take Disputes Tribunal (or other) proceedings against another member, you can contact Crewlist for a statutory declaration form which must be completed before we will consider releasing anyone else's information to you. You may only request contact details for the sole purpose of making a claim.

  2. Email

    It is the policy of Crewlist to send our members email regarding notifications where they elect to received notifications via email, in addition to customary business communications (payment confirmations, etc.). Further, it is our policy to immediately remove any member from any mailing list upon the member's request. In addition, Crewlist will send newsletters and other communications to members. Newsletters will contain clear and obvious instructions for how the member can remove himself or herself from that mailing list.

    We do use email as a means of receiving feedback from our members, and we encourage you to email us with your questions or comments.

  3. Membership Registration

    Our site's registration form requires you to provide us contact information and may also require demographic information. We may use your contact information from the registration form to send you information about our company and promotional material from some of our affiliated partners. Your contact information is also used to contact you when necessary.

  4. Updating Your Personal Information

    Crewlist provides you with ways in which you can update your personal information, including changing your email address, password, phone number, etc. Crewlist will store previous email addresses against your profile to ensure compliance with our Terms and Conditions - specifically the use of one account per member.

  5. Control of Your Password

    You are responsible for all actions taken with your user name, email address and password, including fees. Therefore we do not recommend that you disclose your Crewlist password to any third parties. If you choose to share your user name, email address and password or your information with third parties to provide you additional services, you are responsible for all actions taken with this information and therefore you should review that third party's privacy policy.

    It is important for you to protect against unauthorised access to your password and to your computer. Ensure you log out when you have finished visiting Crewlist, especially if you access Crewlist from a shared computer.

  6. Cookies and Local Storage

    Crewlist uses various technologies, including cookies and local storage, to collect and store information about you when you visit Crewlist.

    Cookies and local storage allow us to store information (including your personal information) in a file on the device you use to access Crewlist. We use cookies and local storage to deliver information and fresh content specific to your interests and to improve the experience of using Crewlist. Cookies and local storage are widely used.

    Crewlist uses "session" cookies to temporarily store information to help you use Crewlist. This information is used to deliver the right content to you as you use Crewlist and avoids unnecessarily asking you to log in.

    Crewlist also uses "persistent" cookies and local storage to personalise the user experience, to help protect our members and to provide us with research information (such as how often members visit Crewlist each month). Persistent cookies allow us to track users on Crewlist and helps us identify users abusing the Crewlist service. A persistent auto-login cookie is also stored when you select the "remember me" option when logging in. The auto-login cookie is removed if you log out.

  7. Photos

    Photos often contain EXIF data. EXIF data may include location information, such as when and where each photo was taken, and details of the device used to take it. If you upload photos that include EXIF data to Crewlist, we will store this information and use it to better understand the use of photos on our site and to help us provide a safe network. Your device may allow you to opt out of providing location information.

  8. Other information we collect

    We use additional information to do internal research on our users' demographics, interests, and behaviour to better understand and serve you and our community. This information may include the URL that you just came from (whether this URL is on our site or not), which URL you next go to (whether this URL is on our site or not), what device, operating system and browser you are using, and your IP address. We may also use information from third parties, such as geo-demographic information.

    Users who log in have their IP addresses recorded. This information will only be provided to legal authorities in cases of suspected fraud or for law enforcement purposes. This information is stored securely and will not be provided to other members or non-authorised parties.

    If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect such information into a file specific to you.

    Customer service phone conversations may be recorded for internal training and quality assurance purposes. This helps us ensure the information we provide members is consistent and accurate. Phone records will be stored securely and will generally be retained for up to six months.

  9. Membership Removal

    If you wish to have your registration removed from our directory for any reason, you may send us an email requesting this.

  10. Internet Statistics and Analytics

    Crewlist uses Google Analytics to better understand the behaviour of visitors to our website, and to improve our website. For example, it helps us to identify how many users visit a particular page, and how many take a further step, such as bidding. We have opted out of Google Analytics' data sharing settings. For more information, view Google Analytics' information on safeguarding your data.

  11. Updates to our information practices

    From time to time, we make changes to our information practices or alter the functionality of our website. We always update this statement accordingly, so we encourage you to periodically review this page for the latest information on privacy practices at Crewlist.

    If you have any questions about our privacy policies or any other matter, please contact us at support@crewlist.co.nz.

  12. Appointed Data Protection Officer (DPO)

    Crewlist's Data Protection Officer is appointed to enforce Crewlist's data privacy policy and ensure that it meets the requirements of territorial privacy legislation such as the European Union's General Data Protection Regulation (GDPR). You can contact Crewlist's DPO Christian Gower at christian@crewlist.co.nz.