Privacy and Terms of Use

 

 

DEFINITIONS

In this Policy

 

Customer means any person or entity who engages Five Motion for subscription, professional and related services.

 

Covered Person means any Customer ( where the context requires ) and any employee, contractor or agent of a Customer of Five Motion

 

Five Motion means Five Motion (Sole Trader ABN:51238025568), U6/19-21 Somerset Street, Richmond 3121, Victoria, Australia

 

Information means any information provided by a Customer or a Covered Person to Five Motion, including without limitation Personal Information.

 

Personal Information means information whether recorded in a material form about a natural person whose identity is apparent, or can reasonably be ascertained, from the Information.

 

PRIVACY POLICY

Five Motion’s General Commitment to protect and respect Privacy

This Privacy Policy is published on our website for the benefit of Customers and Covered Persons and to make Customers and Covered Persons aware of our Privacy Policies.

 

Use of Information

Five Motion in the course of its business and in particular in communicating with Customers will receive Information from Customers and Covered Persons. Five Motion currently only collects the information for the purpose of its internal business records, but may in the future use the information to directly interact with Customers for the purpose of marketing and providing information to Customers.

 

Five Motion will at all times assume:

 

That Information supplied may contain Personal Information.

That the parties listed in the Information have consented to direct communications from Five Motion.

That the provider of the Information has itself complied with its obligations under the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

 

If Five motion commences direct marketing to Customers it will include a means by which Customers may opt out of receiving further marketing information.

 

Five motion will not use Information except as required

Five Motion does not share Information provided to it by a Customer or a Covered Person with other organisations unless:

 

It is given express consent; or

Where sharing is otherwise required or permitted by law.

 

Five Motion will only use Information provided for the purposes of fulfilling its obligations to the Customer or Covered Person that supplied the information. If Five Motion agrees to and a Customer chooses to access their own Customer information through Five Motion’s website ( “the Five Motion Platform” ), such as account and user information, analytics data  and the like, use of the Five Motion Platform could increase the potential for security breaches.

 

Protection of Information

Five motion will take reasonable organisational, technical, logical and physical security measures to protect Information, and will comply with national and local laws and regulations pertaining to data collection and use. Due to the nature of the internet Five Motion cannot guarantee the security of any information on or transmitted over the internet. Five motion will from time to time update this Privacy Policy and Terms of Use to reflect changes in laws, the storage and transmission of data and Five Motion’s practices.

 

Five Motion keeps the Information provided to it for as long as it is required for the specified task or as required by law. Five Motion will use Information only in ways that are compatible with the purposes for which it was collected or subsequently authorised by the Covered Person. Five motion will only collect and store Personal Information where there is a business requirement to fulfil the purpose of the request and will retain such information no longer than appropriate to fulfil the purpose of the request.

 

Five motion will ensure all Five Motion staff, contractors and agents understand and agree to Five motion’s Privacy Policy and will inform the Customer or Covered Person where it becomes aware of a breach by it of this Privacy Policy.

 

Access to Information & Complaints

Five Motion will allow Customers and Covered Persons access to Information on written request, subject to proof of identity. Five Motion will promptly action any reasonable written request to update or correct any Information.

 

If a Customer or a Covered Person has a complaint concerning Five Motion’s collection or handling of information then the complaint must be directed to Five Motion management ( email address: [email protected] ) in the first instance and it will be responded to within 45 days ( “the Response” ). If the Customer or Covered Person is not satisfied with the Response then they will have the right to have the complaint reviewed by the Privacy Commissioner and the Response will provide details of how to make application for review.

 

User Conduct

All users of Five motion’s website and in particular the portal, including any use of the features and tools within it, agree not to post or otherwise submit any Information that either causes any harm to any person or that is illegal or otherwise unlawful, including without limitation any hateful, harassing, pornographic, morally offensive, racist, criminal, obscene, defamatory or may encourage conduct that would be considered a criminal offence or give rise to civil liability.

 

Please note that the relevant Sales, Rentals, Facilities & Production and Service pages and other material on the Site may also have their own conditions. The use of such pages or material is also subject to those conditions as well as these Terms and Conditions of use. By accessing this Website you agree to those specific conditions which apply (if any) and these Terms of Use. If there is a conflict between the specific conditions and these Terms of Use, the specific conditions shall prevail.

 

Conditions for gear/equipment rental

 

 

  1. All gear is to be insured for 100% of it’s worth or the same amount of money the equipment is estimated to be worth is to be held for the duration of renting (cash or credit card hold is only acceptable).
  2. If you rend any of aerial/drone equipment you are agreeing to include one Five motion person to be on set to ensure the equipment is used properly and to help you with troubleshooting.
  3. All payment is to be done through credit/debit card of customer or directly to our bank account, 100% of the due amount must be payed before the equipment will be given to customer.
  4. If the return of equipment is late, we will charge the following fees: if late for 1 or more than 1 day, 100% of 1 day price that was agreed upon renting the gear. If late 1 hour, 10% of the daily rate agreed upon. If late for more than 5 hours, wi will charge 100% of 1 day rate that was agreed upon.
  5. For any rental that requires persons that work for Five motion, we will add a daily rate that covers their work, this may include but is not limited to, assistant cameramen, line producer, location scouter, drone operator, drone assistant, drone cameramen, focus puller.