Crewger Privacy Notice (August 2009)The Crewger Privacy Policy describes how Crewger treats personal information when you use its services, including information provided when you use Crewger. This document declares the undertakings by ‘Crewger’ in relation to its handling of Your Data.
Contents:
• Data Collection
• Personal Information
• Data Security
• Data Use
• Data Disclosure
• Data Retention and Destruction
• Access by You to Your Personal Data
• Information about Data Handling Practices
• Handling of Enquiries, General Concerns and Complaints
• Enforcement
Data Collection
Crewger undertakes to collect Your Data by means that are:
• fair;
• legal; and
• transparent.
If you visit Crewger’s web-site, your web-browser automatically discloses, and Crewger's web-server automatically logs, the following information: the date and time, the IP address from which you issued the request, the type of browser and operating system you are using, the URL of any page that referred you to the page, the URL you requested, and whether your request was successful. This data may or may not be sufficient to identify you.
Any additional data that you provide, e.g. in a web-form, may also be logged. This data may or may not be sufficient to identify you.
Any additional data that your web-browser automatically provides may also be logged. This will be the case, for example, if your browser has previously been requested to store data on your computer in 'cookies' and submits them each time you request a web-page within a particular domain (such as Crewger.com). This data may or may not be sufficient to identify you.
Personal Information
• Browsing Crewger You can watch videos on Crewger without having a Crewger Account. You also can contact us by emailing us directly without having to register for an account at feedback@crewger.ie
• Your Crewger Account. For some activities on Crewger, like uploading videos, posting comments, flagging videos, or watching restricted videos, you need a Crewger Account. We ask for some personal information when you create an account, including your email address and a password, which is used to protect your account from unauthorized access.
• Usage Information. When you use Crewger, we may record information about your usage of the site, such as the channels, groups and favorites you subscribe to, which other users you communicate with, the videos you watch, the frequency and size of data transfers, and information you display about yourself as well as information you click on in Crewger (including UI elements, settings). If you are logged in, we may associate that information with your Crewger Account. In order to ensure the quality of our service to you, we may place a tag (also called a "web beacon") in HTML-based customer support emails or other communications with you in order to confirm delivery.
• Content Uploaded to Site. Any personal information or video content that you voluntarily disclose online (e.g., video comments, your profile page) may be collected and used by others.
Data Security
Crewger undertakes to store Your Data in a manner that ensures security against unauthorized access, alteration or deletion, at a level commensurate with its sensitivity.
Crewger undertakes to transmit Your Data in a manner that ensures security against unauthorized access, alteration or deletion, at a level commensurate with its sensitivity.
Crewger undertakes to implement appropriate measures to ensure security of Your Data against inappropriate behaviour by Crewger's staff-members and contractors. These include:
• training for staff in relation to privacy;
• access control, to limit access to Your Data to those staff and contractors who have legitimate reasons to access it;
• particularly in the case of sensitive data, audit trails of accesses, including the identities of staff and contractors accessing the data;
• reminders to staff and contractors from time to time about the importance of data privacy, and the consequences of inappropriate behaviour;
• declaration of appropriately strong sanctions that are to be applied in the event of inappropriate behaviour
• clear communication of policies and sanctions; and
• processes to audit, to investigate and to impose sanctions.
Data Use
Use refers to the application of Your Data by any part of Crewger, or any staff-member or contractor of Crewger in the course of their work.
Crewger undertakes to use Your Data only for:
• the purposes for which it was collected;
• such other purposes as are subsequently agreed between Crewger and You;
• such additional purposes as may be required by law. In these circumstances, Crewger will take any reasonable steps available to it to communicate to You that the use has occurred, unless it is precluded from doing so by law; and
• such additional purposes as are authorized by law (in particular to protect Crewger's interests, e.g. if it believes on reasonable grounds that You have failed to fulfill your undertakings to Crewger or have committed a breach of the criminal law).
• If you submit personal information to Crewger, we may use that information to operate, maintain, and improve the features and functionality of Crewger, and to process any flagging activity or other communication you send to us.
• We do not use your email address or other personal information to send commercial or marketing messages without your consent. We may use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major Crewger changes or for customer service purposes). You also can choose how often Crewger sends you email updates in your Crewger Account settings page.
• We use cookies, web beacons, and log file information to: (a) store information so that you will not have to re-enter it during your visit or the next time you visit Crewger; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors and pages viewed; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests.
Crewger undertakes to use Your Data only if it has demonstrable relevance to the particular use to which it is being put. Crewger undertakes to use Your Data in such a manner as to take into account the possibility that it is not of sufficient quality for the purpose, e.g. because it is inaccurate, out-of-date, incomplete, or out-of-context.
Data Disclosure
Disclosure refers to making Your Data available to any party other than Crewger and You. The term disclosure may include many different conditions of data transfer, including selling, renting, trading, sharing and giving.
Crewger undertakes to disclose Your Data only under the following circumstances:
• in the course of business being conducted between You and Crewger, where disclosure is necessary to a contractor. Where Your Data is disclosed in this way, Crewger undertakes to exercise control over Crewger's contractors to ensure that their actions are compliant with these Terms;
• in other circumstances that are directly implied by the purpose agreed between You and Crewger at the time of data collection or subsequently. Where Your Data is disclosed in this way, Crewger undertakes to exercise control over Crewger's contractors to ensure that their actions are compliant with these Terms;
• with your consent, or at your request;
• where required by law, such as a provision of a statute, or a court order such as a search warrant or sub poena. In these circumstances, Crewger will take any reasonable steps available to it to communicate to You that the disclosure has occurred, unless it is precluded from doing so by law;
• where permitted by law (e.g. the reporting of suspected breach of the criminal law to a law enforcement agency; and in an emergency, where Crewger believes on reasonable grounds that the disclosure of YourData will materially assist in the protection of the life of health of some person), provided that Crewger will apply due diligence to ensure that the exercise of the permission is justifiable.
Data Retention and Destruction
Subject to the qualifications immediately below, Crewger undertakes:
• to retain Your Data only as long as is consistent with its purpose; and
• to destroy Your Data when its purpose has expired, and to do so in such a manner that Your Data is not subsequently capable of being recovered.
This undertaking is qualified as follows:
• Your Data may be retained in Crewger's logs, backups and audit trails within short-term retention cycles that are devised to protect the company's operations. In such cases, Your Data will be destroyed in accordance with those cycles;
• Your Data may be retained beyond the expiry of its purpose if that is required by law, such as a provision of a statute, or a court order such as a search warrant or sub poena, or a warning by a law enforcement agency that delivery of a court order is imminent. In these circumstances, Crewger:
• will take any reasonable steps available to it to communicate to You that Your Data is being retained, unless it is precluded from doing so by law; and
• will only retain Your Data while that provision is current, and will then destroy Your Data;
• Your Data may be retained beyond the expiry of its purpose if it is authorized by law (in particular to protect Crewger's interests, e.g. if it believes on reasonable grounds that You have failed to fulfill your undertakings to Crewger or have committed a breach of the criminal law). In these circumstances, Crewger will only retain Your Data while that situation is current, and will then destroy Your Data.
Access by You to Your Personal Data
Crewger undertakes to provide you with access to Your Data, subject to only such conditions and processes as are reasonable in the circumstances. In particular, Crewger undertakes to enable access:
• conveniently;
• without unreasonable delay; and
• without cost.
Crewger undertakes to establish and operate identity authentication protections for access to Your Data that are appropriate to its sensitivity, but practical. This may involve some inconvenience; for example, relatively straightforward procedures may be involved in order to provide you with access through a channel that you have previously registered with Crewger (such as a particular email-address), but may impose more onerous procedures if you wish to use some other channel.
In the event that you dispute some aspect of Your Data, Crewger undertakes to take reasonable steps in relation to the amendment, supplementation or deletion of Your Data.
You undertake:
• not to seek access for frivolous purposes, or unreasonably frequently;
• to accept that deletion of some data may not be consistent with the provision of particular services by Crewger to you.
Information about Data-Handling Practices
Crewger undertakes to make information available to you about the manner in which Crewger handles your data:
• in general terms, in a readily accessible manner; and
• in more specific terms, on request.
Where Your Data is disclosed to a contractor, Crewger undertakes to make information available to you on request about the manner in which Crewger's contractors handle your data.
Crewger undertakes to ensure that the information provided is meaningful, and addresses your concerns.
You undertake:
• not to seek such information for frivolous purposes, or unreasonably frequently; and • to accept that the disclosure of excessive detail may harm the security of Your Data and Crewger's business processes, and may harm Crewger's commercial interests.
Handling of Enquiries, General Concerns and Complaints
If you have enquiries, general concerns, or complaints about these Terms, or about Crewger's behaviour in relation to these Terms, you undertake:
• to communicate them in the first instance:
• to Crewger only;
• in sufficient detail;
• through a channel made available by Crewger for that purpose;
Crewger undertakes:
• to provide one or more channels for communications to Crewger, which are convenient to users;
• to promptly provide acknowledgement of the receipt of communications, including the provision of a copy of the communication, the date and time it was registered, and Crewger's reference-code for the communication;
• to promptly provide a response to the communication, in an appropriate and meaningful manner.
You further undertake to not pursue Crewger through any Regulator or the media:
• until and unless Crewger has had a reasonable opportunity to respond to the initial communication; and
• while Crewger and you remain are conducting a meaningful dialogue about the matter.
Enforcement
Crewger declares that its undertakings in these Terms are intended to create legal obligations, and that those obligations are intended to be enforceable under appropriate laws in appropriate jurisdictions. These include laws relating to data protection, privacy, fair trading, corporations and criminal laws.
You undertake to seek enforcement only in a jurisdiction that is relevant to the transactions that have taken place between You and Crewger, in particular the jurisdiction in which you live or in which you performed the relevant acts, and the jurisdiction in which Crewger is domiciled or performed the relevant acts.
If you wish to discover the relevant laws in any particular jurisdiction, Crewger draws your attention to the following resources:
• WorldLII Privacy Links
• Compilation of [U.S.] State and Federal Privacy Laws, Privacy Journal, Providence RI
• Privacy Law Sourcebook 2004, EPIC, Washington DC
• the Australian Privacy Foundation's pages:
• International Instruments Relating to Privacy Law
• Privacy Laws of Countries of the World
• Privacy Laws of the Commonwealth of Australia
• Privacy Laws of the States and Territories of Australia
• Privacy International
Changes to These Privacy Undertakings
Crewger undertakes:
• not to materially change these Terms in a manner that reduces the protections for Your Data;
• to take all possible steps to prevent any company that acquires Crewger or any of its relevant assets from materially changing the Terms applicable to Your Data in a manner that reduces the protections for Your Data;
• where it is considering making changes to these Terms, or creating more specific Terms relating to specific services, to consult with appropriate representative and advocacy organisations;
• where it makes changes to these Terms, to ensure that the differences between successive versions are readily accessible;
• to maintain all prior versions of these Terms in such a manner that they are dated, and readily accessible.
Definitions
Crewger is an organisation dedicated to the advancement of the Irish film community by facilitating the production, promotion and exhibition of original content by film-makers of all ages and backgrounds working in Ireland today. At Crewger, we believe in the new age of digital online film making - where getting your ideas on screen and in front of an eager audience is no longer a lofty dream, but a true and achievable reality. Anyone who takes time to look around Ireland today will find a wealth of talent with their own stories to tell. The ideas most certainly are there, and the tools required to make them a reality do exist. Crewger is being built to bring the two of these together, in the form of a very unique community of storytellers and their audience.
Your Data means data that is capable of being associated with you, whether or not it includes an explicit identifier such as your name. In particular, it encompasses all data that Crewger is capable of correlating with you, using such means as server-logs and cookie-contents.
Your Data does not refer to data that can no longer be associated with you. This includes aggregated data that does not and cannot identify the individuals whose data are included in the aggregation.
Consent means your concurrence with an action to be taken by Crewger. Consent may be express or implicit, but in either case must be informed and freely-given.
Information That is Publicly Available
• When you create a Crewger Account, some information about your Crewger Account and your account activity will be provided to other users of Crewger. This may include the date you opened your Crewger Account, the date you last logged into your Crewger Account, your age (if you choose to make it public), the country and the number of videos you have watched.
• Your Crewger Account name, not your email address, is displayed to other users when you engage in certain activities on Crewger, such as when you upload videos or send messages through Crewger. Other users can contact you by leaving a message or comment on the site.
• Any videos that you submit to Crewger may be redistributed through the internet and other media channels, and may be viewed by other Crewger users or the general public.
• You may also choose to add personal information which may include your name, gender, profile picture or other details, that will be visible to other users on your Crewger Account channel page. If you choose to add certain features to your Crewger Account channel page, then these features and your activity associated with these features will be displayed to other users and may be aggregated and shared with your friends or other users. Such shared activity may include your favorite videos, videos you rated and videos that you have uploaded.
Your Choices
• If you have a Crewger Account, you may update or correct your personal profile information, email preferences and privacy settings at any time by visiting your account profile page.
• You may control the information that is available to other users and your confirmed friends at any time by editing your Crewger Account and the features that are included on your channel page. If you have enabled Active Sharing, other users may see that you, as identified by your account name, not your email address, are watching the same video.
• You may, of course, decline to submit personal information through Crewger, in which case you can still view videos and explore Crewger, but Crewger may not be able to provide certain services to you.
Advertising on Crewger******
• Crewger strives to provide you with relevant and useful advertising and we use the DoubleClick cookie, as well as other third party ad serving systems, to do so. We may use a range of information including cookies, web beacons, IP addresses, usage data and other non-personal information about your computer or device (such as browser type and operating system) to provide you with relevant advertising. If you are logged into your Crewger Account, we may also show you advertising based on the information you have provided to us in your Crewger Account.
© 2009 Crewger