Terms & Conditions
Definitions
In these “Terms of Use” the following terms will hereinafter have the meaning as defined below, unless expressly stated otherwise or if the context indicates otherwise:
THE CASTING DIRECTOR: the user of these Terms of use: THE CASTING DIRECTOR BVBA, with registered address at Alsembergsesteenweg 993 1180 Ukkel (Brussel), registered with the Chamber of Commerce under BE0656.530.741.
Candidate: the natural person using the services offered on the website;
Agreement: the agreement entered into between THE CASTING DIRECTOR and the candidate, established via the website
Service: the services offered on the website and can be used by the candidate after registering and creating a profile on the website;
Profile: the profile of the candidate on the website;
Website: the (mobile) website www.thecastingdirector.eu, managed by THE CASTING DIRECTOR and the online application (“app”);
Client: the natural person handling for the execution of his job or his company or the legal person who
entered a query at THE CASTING DIRECTOR to get in touch with one or more candidates that meet the query of the
client.
General
These General Terms of use shall apply to any Agreements between THE CASTING DIRECTOR and candidate, to which THE CASTING DIRECTOR has declared these Terms of use are applicable.
Any deviations from these Terms of use shall apply only if they have been expressly agreed in writing or by electronic means
If one or more of the provisions in these terms and conditions are invalid or void, the remaining provisions of these terms and conditions shall remain fully applicable
THE CASTING DIRECTOR has the right to change or complete the Terms of use by publishing the changes on the website. Candidates will receive a notification via e‑mail. The new Terms of use will apply immediately, unless mentioned otherwise. The candidate can cancel the agreement if he does not agree to the modified Terms of use.
Offers
All offers shall be free of engagement unless specified otherwise
THE CASTING DIRECTOR will not be held liable for obvious errors or mistakes in the offer, publications or on the website.
The offers on the website have a clear description of the services THE CASTING DIRECTOR offers.
Registration
To be able to use the services, users have to register. Users can register by uploading the online registration form to the website. The required fields need to be filled in completely and truthfully. THE CASTING DIRECTOR is not responsible for shortcomings as a result from missing data. All costs, made by THE CASTING DIRECTOR, resulting from missing data can be charged to the candidate.
THE CASTING DIRECTOR has the right to refuse a registration. THE CASTING DIRECTOR contacts the candidate as soon as possible when his registration has been refused
Realization of the agreement
The agreement is established after the candidate registers at the website. In case the user purchases a subscription through the website, the agreement comes into effect as soon as the user has registered through the website and after the user has clicked on the button “register”.
The agreement can only come about through the website after the user clicked that he agrees to these terms and conditions.
Once the agreement has been concluded through the website, THE CASTING DIRECTOR will send the user an immediate confirmation via e‑mail. This confirmation e‑mail contains a description of the subscription of the candidate. As long as the receipt of this acceptance has not been confirmed, candidate may rescind the Agreement. If the user does not receive a confirmation e‑mail from THE CASTING DIRECTOR, the user should contact THE CASTING DIRECTOR’s customer service.
Account
Creating an account on the website is free.
After the candidate has created an account, the candidate can upgrade his account to one of the paid subscriptions THE CASTING DIRECTOR offers, once THE CASTING DIRECTOR has selected said account as eligible to do so, based on the quality of the presented candidate profile. The costs and the duration of the subscriptions can be found on the website.
THE CASTING DIRECTOR connects the account to a user name and password. The user name is the same as the candidate’s e‑mail address or personalized username. The candidate needs to choose the password and keep or save it in a safe place. The candidate needs to report to THE CASTING DIRECTOR when the password is stolen, lost or used by a third party. The candidate is responsible for the damage and costs that have been caused by entering and using the website with the password.
Candidates can’t create multiple accounts.
The account is personal and can’t be transferred
The candidate can modify his personal data and profile on his account.
Withdrawal right
The client has the right to dissolve the agreement within 7 days from the confirmation e‑mail from THE CASTING DIRECTOR.
If the candidate wants to use his withdrawal right, he needs to inform THE CASTING DIRECTOR within 7 days after the realization of the agreement.
THE CASTING DIRECTOR sends a letter of acknowledgement to the candidate if the candidate announces the use of his withdrawal right via e‑mail.
In case a user uses his right of withdrawal, THE CASTING DIRECTOR will pay back the subscription costs for the subscription within 14 days after dissolving.
The customer can’t use his withdrawal right in case of:
the fulfilment of the agreement began with the express permission of the user; or
if the user has declared to waive his right of termination.
Fair use
When using the website, the candidate needs to behave in accordance with what may be expected from a responsible and careful internet user.
The candidate can’t bypass or hack the security applications.
The candidate is not allowed to use the website and/or service in such a way that would affect the proper functioning of computer systems of THE CASTING DIRECTOR or third parties or that hinders other users from using the site.
Duration and cancellation
The duration of the agreement depends on the type of subscription the candidate has chosen.
The candidate can always cancel both free and paid subscriptions.
If the candidate cancels his subscription before the end of the contract, the user can’t recover the costs he made for that period, unless article 7 applies.
Cancellation needs to be done by mail or e‑mail.
The subscription automatically ends after the duration of the subscription. The user can extend his subscription if he wants to use the service after the duration of his subscription
The candidate’s personal data and account will be removed from the website after the candidate cancels the agreement.
The services
THE CASTING DIRECTOR ensures that all services apply to the agreement and the specifications in the offer.
The website has the purpose to connect the candidates with a specific talent to the clients who wants to make use of that talent.
After the candidate logged in to the website, he can:
Make a profile and add ideas or materials such as texts, pictures, (moving) images or audio;
Set e‑mail notifications and push messages;
Manage his profile.
If the client’s query corresponds to the profile of a candidate, there’s a match. The candidate can accept this match and contact the client. The candidate can send a video to the client via the website, as well as personalized messages through chat.
THE CASTING DIRECTOR does not guarantee that the service will lead to one or more assignments for the candidate.
A bad result of the service can never result in the restitution of (a part of) the paid subscription fees or any other type of compensation.
Obligations of the candidate
All data and information provided by the candidate while establishing the agreement and during the agreement need to be complete and truthfully.
THE CASTING DIRECTOR saves the provided registration data to the profile page (“my profile”) that is connected to the account. The candidate needs to modify these data when they’re no longer true or up-to-date.
THE CASTING DIRECTOR has the right, with the permission of the candidate, to modify, upload or delete information on the profile of the candidate.
The candidate can never:
Deceive clients with wrong information about himself;
Post photos or images of identifiable individuals on the site that have not given permission for such a posting
Use the website and/or service in such a way that would affect the proper functioning of computer systems of THE CASTING DIRECTOR or third parties or that hinders other users from using the site.
Use the service for performing or promoting criminal activities;
Examine or test the vulnerability of a computer system or network without the prior explicit permission by the rights holder to break through security.
The candidate indemnifies THE CASTING DIRECTOR from any claims of third parties that have suffered damage using the website by the candidate that is attributable to the candidate.
The candidate has the obligation to make sure his account is removed from the website as soon as he doesn’t want to make contact with clients anymore
The candidate has the obligation to keep all personal data of the client secret. The candidate will only use the data for the purpose the data is meant for.
The candidate needs to handle his personal data with care. THE CASTING DIRECTOR is not responsible for the distribution on the internet of the personal data of the candidate by third parties or a client if the candidate has shared this information via e‑mail.
The candidate won’t distribute information using the website that:
Violates the national and international law;
Is contrary to morality or the spirit of action and conduct in operation on the Internet;
Violates the rights of third parties such as portrait rights and copyrights;
Is (sexually) intimidating, unethical, including in any case, but not limited to material affecting the respectability of minors or including a violation of the right to privacy and/or human dignity as well as material that initiates discrimination;
Is confidential and must not be disclosed.
THE CASTING DIRECTOR has the right to refuse, modify or delete the content uploaded to the website by the candidate.
The service has the purpose to connect candidates and clients. The candidate can never use the services for another purpose than the original purpose.
If the candidate acts in violation of these Terms of Use, the candidate doesn’t live up to his obligations to THE CASTING DIRECTOR, acts in violation with legislation and regulation or if THE CASTING DIRECTOR receives complaints from the clients about the behavior of the candidate, THE CASTING DIRECTOR has the right to block the candidate’s account and delete the profile. This means the candidate can’t use the services and the candidates loses the money paid for the subscription. The candidate will be notified by e‑mail.
Position of THE CASTING DIRECTOR
The candidate recognizes that THE CASTING DIRECTOR is no party to the (contract) agreement between the candidate and the client. THE CASTING DIRECTOR only offers the website to the parties.The candidate is responsible for the content of the (contract) agreement he enters into with a client.
If the client does not comply with the (contract) agreement he has signed with the candidate, then it’s a matter between the candidate and the client.
If the candidate has delivered poor work or acted in a way that harms the interests of third parties, such as clients, THE CASTING DIRECTOR can block the account of the candidate.
Prices
The rates and prices for the services are clearly stated on the website
The prices are inclusive of “BTW” (Belgian VAT).
Payment
Payment can be effected in the following ways
through credit card;
through PayPal.
Liability and limitation
THE CASTING DIRECTOR will not be held liable if the candidate is unable to use the service because of temporary unavailability or removal of the website due to maintenance, technical failures or otherwise
THE CASTING DIRECTOR can never guarantee that the data on the website is correct. THE CASTING DIRECTOR will do everything to keep the accuracy of this data as consistent as possible. External influences, for instance by hackers is always possible and could lead to distorted information. THE CASTING DIRECTOR will not be held liable for this distorted information.
THE CASTING DIRECTOR is not liable for the viruses or spam the candidate may receive using the website.
THE CASTING DIRECTOR can never be held liable for the loss of logins used by the candidate. This means THE CASTING DIRECTOR is not responsible for the unauthorized use of these logins by third parties.
THE CASTING DIRECTOR can never be held liable for damage such as computer damage and mental damage, caused by the content of a message the candidate received via the website.
The candidate is responsible for the content of the messages he sends via the website.
THE CASTING DIRECTOR can never be held liable for the behavior of third parties and clients.
THE CASTING DIRECTOR can never be held liable for the disfiguration or loss of data as a result of using telecommunication facilities to send messages.
If THE CASTING DIRECTOR is held liable for any damage, then the liability is limited to the amount the candidate paid to THE CASTING DIRECTOR to use the services.
The limitations of the liability in this Terms of Use don’t apply if the damage is intentionally caused by the recklessness of THE CASTING DIRECTOR or one of her subordinates.
All liability claims against THE CASTING DIRECTOR need to be filed within one year or else they will expire.
Force Majeure
THE CASTING DIRECTOR will not be held liable for obligations within the agreement or for providing services in case it is impeded to doing this as a result of force majeure. Force majeure includes, among others: an unaccountable shortcoming of engaged thirds, the temporary unavailability or not sufficient availability of hardware, software and/or Internet or other telecommunication connections that are necessary for delivering the services, government measures, power outage, virus infection or breach of computer peace by thirds, as well as any other situation in which THE CASTING DIRECTOR does not have (decisive) control.
In case of Force Majeure, THE CASTING DIRECTOR shall not be obliged to compensate any damage caused to customer as a result of that, except and to the extent that — due to the circumstance of Force Majeure — THE CASTING DIRECTOR has obtained an advantage, which would not have been obtained by THE CASTING DIRECTOR in case of correct fulfillment.
Complaints
Complaints are handled by THE CASTING DIRECTOR within 30 days. If handling of a complaint within the period of 30 days is unfortunately not possible, the user will be informed about the delay.
Intellectual property rights
The user must always respect the intellectual property rights of THE CASTING DIRECTOR and its licensors.
Candidate is prohibited from copying, forwarding, distributing, reproducing or publishing any information, texts, logos, brands, trade names and such obtained through the website.
THE CASTING DIRECTOR has the right to take technical measures and maintain for the protection of the intellectual property rights.
The user indemnifies THE CASTING DIRECTOR from any claims of third parties concerning the intellectual property rights of data, images or such that the candidate publishes or distributes.
Privacy statement
THE CASTING DIRECTOR processes the personal data applying to her privacy statement. The candidate can read the privacy statement on: http://casting-director.eu/terms-of-use
Security and the internet
THE CASTING DIRECTOR makes an effort to protect its systems and the website against the unauthorized use and loss of inserted data. It is impossible to completely exclude unauthorized use and any accidental loss of data. THE CASTING DIRECTOR does not assume liability in case inserted data is affected, lost or used by unauthorized persons in spite of the measures taken.
Applicable law /Legal jurisdiction
This Agreement between THE CASTING DIRECTOR and Candidate is governed by Belgian law.
Any controversy or claim between the parties arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by provisions governing arbitration incorporated in the Belgian Code of Civil Procedure (Articles 1676 – 1722 CCP). Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction whose field of law includes the seat of THE CASTING DIRECTOR.
Privacy statement and cookie policy
Definitions
In this Privacy statement the following terms will have the meaning as defined below,
THE CASTING DIRECTOR: the user of these Terms of use: THE CASTING DIRECTOR BVBA, with registered address at Alsembergsesteenweg 993 1180 Ukkel (Brussel), registered with the Chamber of Commerce under BE0656.530.741.
user: the candidate or client that enters into an agreement with THE CASTING DIRECTOR and who uses the services offered on the website of THE CASTING DIRECTOR;
Visitor: the visitor of the website;
website: the (mobile) website www.thecastingdirector.eu, managed by THE CASTING DIRECTOR and the online application (“app”);
personal data: the personal data of the users, processed by THE CASTING DIRECTOR.
General
THE CASTING DIRECTOR respects the privacy of the users. Personal data of users will be processed and secured very carefully.
THE CASTING DIRECTOR respects the Personal Data Protection Act and has registered with the College Bescherming Persoonsgegevens in Den Haag who deals with the personal data, notification number (in request). More information about the College Bescherming Persoonsgegevens and privacy can be found onhttp://www.cbpweb.nl.
The person responsible for processing the data:
Contact
Users with questions about the Privacy statement can contact THE CASTING DIRECTOR via privacy@thecastingdirector.eu.
Providing personal data is not compulsory
In principle, the provision of personal data is not compulsory. At all times, you have the choice whether you want to enter your personal data or not. However, in order to make use of some of our services, the entry of your personal data is necessary. When you are asked to enter data, it will be specified which information is necessary to avail of the service and which information therefore must be entered, and which data is optional.
Types of data and purpose of processing
When offering services, we may process personal data. This concerns data such as your name, contact details, date of birth, gender, email address, and also data about your interests as a user of our website. This data may be known to us because you have indicated that you care about certain topics or because we have derived your interests from the way you use our websites or services.
It may also be that you have given us access to certain data (e.g. location data, or through links with social media). In addition, financial information such as bank account number is processed when the user purchases a service through the website, to the extent that these data are necessary for the payment of the service.
THE CASTING DIRECTOR servers may also automatically record certain information, including the URL, IP address, browser type and language, and the date and time of the visit to the website.
THE CASTING DIRECTOR collects and processes personal data for the following purposes:
for effectuating and implementing an agreement we have entered into with the user;
to offer and deliver to you the agreed services, products and/or information, as well as to adapt these to your needs and desires;
to allow you the opportunity to post and share information on our website, or — if the site includes this option — to contact other users;
to invoice, in case of a paid service. THE CASTING DIRECTOR never publishes information on her website, and the information isn’t made available for third parties in any other case than the execution of the agreement. If the user refuses to pay, THE CASTING DIRECTOR may transfer the claim to a third party such as a collection agency;
to send the user, if the user has given his prior permission to THE CASTING DIRECTOR, a newsletter, offer or other electronic messages;
to send the user a service message or user information via e‑mail;
to comply with the rules and regulations applicable to us and for dealing with disputes and the execution of (audit) inspections;
to comply with the applicable legislation and regulation and to deal with disputes and to perform (accountant) controls.
In principle, THE CASTING DIRECTOR will save your personal data for as long as it is necessary for the aforementioned purposes, or to comply with our statutory obligation.
Sharing and publishing personal data
THE CASTING DIRECTOR can only share personal data with third parties after prior notice about what data needs to be shared and to what purpose and only if the user has given his prior agreement for the distribution of his personal data to third parties.
THE CASTING DIRECTOR has the right to share personal data with third parties without prior notice:
as part of a legal provision or legal procedure;
to protect the rights of the property of THE CASTING DIRECTOR;
to prevent a crime of to protect the national security;
when suspecting fraud of other illegal activities;
when sharing the data of the candidate with the matching client is necessary to execute the agreement between THE CASTING DIRECTOR and the user.
Only if you have providedTHE CASTING DIRECTOR with (explicit) consent to do so, we can use your electronic contact details, such as your email address, for sending information and offers provided by third parties about their products and services.
This kind of information and offers will always be sent from THE CASTING DIRECTOR. This kind of information and offers of third parties will always be assessed by THE CASTING DIRECTOR and sent by THE CASTING DIRECTOR. The user can always withdraw any permission he has given for third parties to use these electronic contact details. He can withdraw this permission by:
Sending an e‑mail to privacy@thecastingdirector.eu;
Unsubscribing from this kind of commercial e‑mail messages by clicking the link in the e‑mail with the commercial message.
The opportunity to unsubscribe from commercial e‑mail messages is mentioned in every commercial e‑mail the user receives.
If the user withdraws his permission for using his data for direct marketing purposes, the use of the data will be stopped immediately.
THE CASTING DIRECTOR is entitled to share any anonymous information with third parties, such as the number of users who searched for a particular search term, or how many users clicked on a particular ad. On the basis of this data, specific users can be identified.
Security
At all times, when processing personal data, we maintain a level of security which – given the current state of technology – is adequate to prevent unauthorised access to, and manipulation, publication or loss of personal data.
Opposition, access, rectification and removal of personal data
If you would like to know what personal data relating to you we have processed, if you would like to rectify this data or would like to have data removed in accordance with applicable regulations, you can send an email to privacy@thecastingdirector.eu or send a letter to THE CASTING DIRECTOR BVBA., addressed to “Klantenservice Privacy”, Karmelietenstraat 5, 2600 Antwerpen, Belgium, mentioning ‘access/rectification/removal of personal data’. The user can also mention the withdrawal of his personal data for commercial communication or for third parties. The user needs to mention his full name, address and place of residence. The message needs to include a copy of the user’s ID card, this way THE CASTING DIRECTOR knows the information has been sent by the right person. If we cannot (fully) establish to which personal data your request for access, rectification or removal relates, we may ask you to specify your request further. We will suspend the execution of your request until you have provided us with these (further) specifications. After dealing with your request, we will always send you a confirmation message.
o THE CASTING DIRECTOR will end the use of the personal data for the purposes the user has requested as soon as possible after receiving the request and in case of a legal request for deleting or adjusting, THE CASTING DIRECTOR will delete or adjust the personal data, unless THE CASTING DIRECTOR has the legal obligation to save those personal data or when there are (other) compelling reasons against deleting or adjusting the data.
Also, our website enables you to view or modify your personal data, and offers the possibility to remove your personal data entered into such a website using the specified options available.
Children below the age 16
THE CASTING DIRECTOR (also) offers services to children. The parent(s) or legal representatives of children below the age of 16 years – in the best interest of their child- should read this privacy & cookie policy. The parent(s) or legal representatives can object to the processing of personal data of the child, access or correct the personal data, or give permission for the use of electronic contact details, such as an email address, for sending information and offers of products and services of third parties.
Cookie policy
Cookies are simple, small text files that are stored on the hard drive or in the memory of your computer. Cookies cannot damage your computer or the files that are stored on your computer.
The cookie will help THE CASTING DIRECTOR, or another company or website, to recognize your device the next time you visit the site. There are many functions cookies serve. For instance, they can help us to remember your preferences and interests
Cookies can help us to analyse how well our website is performing or adjust our content to what is most relevant to you.
THE CASTING DIRECTOR can also use cookies (depends on the permission) to adjust ads on the website to the needs and interests of the visitor, to prevent showing the same ad over and over again and to register how many times an ad is shown. These cookies are called session cookies and will be deleted when the visitor closes his browser. THE CASTING DIRECTOR also uses so called unique-id cookies to recognise a visitor as a unique visitor. This cookie stays on the website for one year and vanishes automatically if you haven’t visited the website in one year. To conclude, THE CASTING DIRECTOR can use temporarily cookies. These cookies register the browsing habits of the visitor on the website during 90 days. When the visitor visits the website for the 91st day, the cookie from day one disappears. All the cookies will be deleted after 180 days of inactivity after the last visit of the visitor.
The visitor has the option to allow, block or delete cookies installed on your computer by setting your browser options installed on your terminal. Every browser has different procedures to delete and block cookies. The Help function within your browser should tell you how to delete and block cookies.If the visitor blocks the use of cookies (by setting his browser), some of the functions or services on the website might not work.
The visitor always has the option to accept or deny cookies or to get a notification when the website installs a cookie.
Changing the Privacy statement and Cookie policy
THE CASTING DIRECTOR has the right to change this privacy statement and cookie policy. THE CASTING DIRECTOR advises the visitor to regularly check if there have been any changes. If we make any significant changes, we will ensure that this is made known more prominently, for example via e‑mail for specific services.