Terms & Conditions

The LARGE print giveth. Does this small print taketh away...?

These Terms & Conditions were last updated on 10 February 2020.

General

Acceptance

This website is owned and operated by Watch Me Think Pty Ltd (ACN 147 167 020) and its associated entities under the domain name WatchMeThink.com (the Site). The Site is governed by the following Terms and Conditions and any other associated guidelines or policies that may be published by Watch Me Think from time to time. By accessing the Site, you accept all of the terms and conditions in effect at the time of your use.

Purpose

The Site publishes videos, reviews, comments or other content submitted by our Thinkers (the Content). The Content represents the opinions and perspectives of our Thinkers, not of Watch Me Think. Watch Me Think do not endorse any Thinker submission or any opinion, or recommendation expressed in the Content. You should assume Watch Me Think has not independently verified the truth, accuracy, ownership, or integrity of the Content.

Changes to the Terms and Conditions

Watch Me Think may, in its sole discretion, change, add or remove any of the Terms and Conditions at any time by posting new Terms and Conditions on the Site without notice to you.

Modifications to the Site

Watch Me Think reserves the right, for any reason, to terminate, suspend or change any aspect of the Site including but not limited to content, features or hours of availability without notice to you. Watch Me Think may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.

Intellectual Property

The registered trademark Watch Me Think may only be used publicly with the permission of Watch Me Think. Nothing contained on the Site should be construed as granting any license or right to use the Content or any information on the Site, including but not limited to the copyrights and trademarks displayed on the Site without the written permission of Watch Me Think (or such third party that may own such materials displayed on the Site).

Privacy Policy

Your privacy is very important to Watch Me Think. Users of this Site should refer to our Privacy Policy for information about how Watch Me Think collects and uses personal information.

By accepting these Terms and Conditions you expressly consent to the way Watch Me Think will handle your personal information as described in the Privacy Policy.

Whilst, in general, this site operates on a work-made-for-hire basis, Watch Me Think will still honour, where appropriate and applicable, the basic principles of the GDPR, as follows:

• Lawfulness, fairness and transparency

  All your key personal data held in the WMT system is viewable by you in your profile, as are the videos you make under the direction of accepted, paid briefs. We will also respond to any request regarding any additional data that you think we may have as regards your good self.

• Purpose limitation

  Each brief for which you make videos explains the purpose behind making those videos. These videos will only ever be used for internal research purposes. You will be explicitly notified (pre-brief) or asked (post brief) should there be any request whatsoever to use your video in a wider setting (such as publically). Post-brief requests are entirely dependent on you giving your explicit permission.

  Pre-brief - you must not take part that brief if you object to the stated intended use for the videos.

• Data minimisation

  We will only ever ask you for information that is relevant to the brief you are paid to make the videos for. You can choose how much or how little information you give. We may store some of this information for a limited time if we think it will help us to stop asking you the same questions over and over again, which we’re sure you’ll be thankful for :-)

• Accuracy

  You have access to modify and correct your key personal information held by us at anytime by logging into your account. If you feel additional corrections are needed to data that is uneditable by you, or that you think we may hold outside of the application, please get in touch and we will correct and/or remove these for you if they exist.

• Storage limitation

  The information you give and the videos you make will be held on our servers for as long as they are deemed useful to either ourselves the client that commissioned the video/s under the terms of “work made for hire”.

  However you can request at any time to have your data pseudo anonymized (effectively all text data about you will be erased and replaced by non identifiable pseudo information).

  Accounts that are unused (no-one has logged in) over a 2 year period will be closed and pseudo anonymised.

  All videos will be reviewed at 5 year intervals and those no longer found to be useful will be erased completely.

• Integrity and confidentiality

  Watch Me Think uses bank level security certificates to secure data transfers. It also uses a secure virtual private server. Your information may also be stored with other services (as listed below) or with our clients. At every step, we will take every reasonable precaution to secure your data against any unauthorised access. If we ever find that this has been breached, we will notify you within 24hrs.

• Accountability

  Watch Me Think has a nominated Data Protection Officer, has documented its use of all personal data and has policies & processes in place to monitor and escalate any issues that may occur. If you have any questions about your privacy please contact us.

Who may process your data

• Amazon Web Services
  Your information is securely stored on Amazon’s web services in a virtual private server.
• Mandrill
  WMT use the services of the Mandrill Transactional API provided by MailChimp in order to send you emails from the system.
• Google GSuite
  WMT uses Google GSuite for its day to day operational running. Sometimes information on you or your video/s themselves may be stored on this secure service.
• PayPal
  We use PayPal to pay you. Therefore we hold the email addresses of your account to which we make those payments.
• Hubspot
  We use HubSpot as a helpdesk/ticketing portal to help answer and monitor any issues you may have in using the WMT applications.
• Zapier
  We sometimes use a service called Zapier than creates “hooks” between our various applications. It stores no data, but does transmit it.
• Watch Me Think Clients (only)
  The data we hold on you is, additionally to our online application, stored in Hubspot.
• Google/Microsoft APIs
  We use their APIs to briefly analyse what is said and seen in your videos. No data is stored with them.

Contact Us

Please contact us if you want to:

• obtain further information about the way we manage your personal information;
• access your personal information held by us;
• raise a concern or make a complaint regarding how we collect or handle your personal information;
• correct or update your personal information held by us; or
• unsubscribe from any Watch Me Think mailing list or have any questions or complaints regarding unsolicited electronic communications that you may have received or are concerned about.

Please contact us immediately if you become aware of any unauthorised use of your Thinker Account by anyone else or any other breach of security.

Liability and Indemnification

Watch Me Think will not be liable for any damages that are directly or indirectly related to the use of, or inability to use, the Site. You agree to release, hold harmless and indemnify Watch Me Think (and its officers, agents, representatives and employees) from and against any and all claims, damages, and costs incurred or suffered in connection with any claim arising out of or related to your use of the Site, or your breach of any of these Terms and Conditions.

Termination

Watch Me Think, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any content you may have contributed to the Site, at any time for any reason or no reason. Watch Me Think may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of these Terms and Conditions may be effected without prior notice, and acknowledge and agree that Watch Me Think may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site. Further, you agree that Watch Me Think shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms or conditions or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or request a termination of your account.

Forum

These Terms and Conditions are governed by and in accordance with the laws of the State of Queensland, Australia. Any dispute involving Watch Me Think in any way related to these Terms and Conditions or your use of the Site will be heard in the appropriate State or Federal court in Queensland, Australia and you irrevocably consent to the jurisdiction of such courts.

Notices

Any notices are to be given by email to Watch Me Think at help@WatchMeThink.com or to you at the email address you provide to Watch Me Think. Notice will be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.

Enforceability

Watch Me Think makes no representations that the content and materials on the Site are appropriate, available or legal in any location outside of Australia. Those who choose to access the Site from outside of Australia do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms and Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision will be enforced to the maximum extent possible so as to effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. The failure by either you or Watch Me Think to exercise or enforce any right or provision of the Terms and Conditions will not constitute a waiver of such right or provision. All provisions in the Terms and Conditions regarding intellectual property, representations and warranties, indemnification, disclaimers, and limitation of liability will survive the termination of these Terms and Conditions.

Thinker terms

By submitting video, written, audio or other content to Watch Me Think (referred to as a "Thinker"), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

A "Thinker Account" is established by you during the registration process and includes creation of a password.

The Thinker Account includes all data captured and maintained by Watch Me Think regarding the Thinker including but not limited to the Thinker's personal information, Site participation history, points tracking, and other participation with Watch Me Think.

You acknowledge that any information entered by you into your Thinker Account, or information collected by Watch Me Think from your activity as a Thinker, is your own, is given willingly by you and does not breach or infringe the intellectual property rights of any third party.

Upon creating a Thinker Account, you agree to provide Watch Me Think with a current email address and PayPal account and to update such information immediately upon any changes. You may maintain only one Thinker Account. You are responsible for the confidentiality of your password and Thinker Account, and are responsible for all activities that occur under the Thinker Account.

Further you represent and warrant that you will indemnify Watch Me Think for all claims resulting from Content you supply.

As a Thinker, you agree that you will not:

• upload, post, transmit, distribute or otherwise publish through the Site any Content or act in ways which, in Watch Me Think's sole discretion: are unlawful, threatening, harassing or profane;
• restrict or inhibit any other Thinker from using or enjoying the Site;
• constitute or encourage conduct that would constitute a criminal offence or give rise to civil liability;
• upload content containing a software virus or other harmful component, advertising or non-requested commercial solicitation of any kind, mass mailing or any form of 'spam', political campaigning or false or misleading indications of origin or statements of fact;
• be otherwise harmful to the community.
• do anything which adversely affects the reputation of Watch Me Think; or
• disclose information which is subject to confidentiality obligations to another party and which should not be disclosed to Watch Me Think .

You should not provide any personal contact information (e.g., address, phone number, etc.) of yourself or anyone else in any Content you post through the Site. You should be aware that if you voluntarily disclose personal information, such information can be collected and used by others. Watch Me Think takes no responsibility for any personal information posted by you in materials you submit for posting on the Site.

You grant Watch Me Think the right to use your personal information as described in the Privacy Policy.

All Thinkers submitting Content must be at least 18 years of age or have the approval of their Parent or Legal Guardian if under the age of 18. Parents/legal guardians submitting Content may include their children at their own discretion and hereby agree to hold Watch Me Think harmless from any claims resulting from such inclusion.

Copyright & Confidentiality

You agree that any and all Content and intellectual property created by you as a Thinker shall be assigned and vest in Watch Me Think, such that Watch Me Think will be the author and owner of the Content. You agree to waive all rights to authorship or attribution in connection with the Content. You agree to execute or sign any document Watch Me Think requests you to sign to further complete Watch Me Think's title and rights in the Content or intellectual property in connection with this Agreement.

You agree that you will not disclose to any third party any information received by you during the course of a client brief, including the tasks involved, questions asked, format, the methodologies used and anything or matter whatsoever. You agree that you will not store, copy, reproduce, transmit, distribute, modify, publish or broadcast any such content or information except as is specifically required for use in the research. You will keep all such material confidential.

Thinkers, their immediate family members or close friends and associates cannot:

1. be affiliated with a company that sells, distributes, or is otherwise affiliated (including by providing supporting research, advertising, packaging or design services to that company) with the product or service featured in the Content; or
2. be affiliated with any company, product or service (including by providing supporting research, advertising, packaging or design services to a company) that competes with a company, a product or service featured in the Content.

Breach of this condition may result in forfeiture of your points, bonuses and termination of your participation. You agree that Watch Me Think may use your personal information to take any steps it considers necessary to enforce these terms and conditions and that Watch Me Think may advise the company with which you, your immediate family members or close friends and associates are affiliated, of such breach or possible breach.

Content must be created solely and expressly for Watch Me Think and be your original creation.

Receiving and Publishing of Content by Watch Me Think

Watch Me Think is not responsible for the failed submission of Content to Watch Me Think for any reason, including without limitation technical failure by Watch Me Think (e.g., browser time-out, server failure, etc.).

By accepting or allowing you to submit Content to the Site, Watch Me Think is not obligated to publish the Content and reserves the right not to use, display or make available to the public or third parties, the Content for any reason in Watch Me Think's sole discretion. Watch Me Think reserves the right to remove from the Site any previously published Content for any reason and at any time in its sole discretion.

Rights and Consents

Owner of videos: You acknowledge that Watch Me Think shall be the sole owner of the entire copyright in the videos (and any derivative clips) throughout the universe with the full and unfettered right to make such use of the videos (and any derivative clips) and all subsidiary and ancillary rights relating to the videos (and any derivative clips) as it shall think fit. Insofar as is relevant for the purposes of United States copyright law, you acknowledge that the videos (and any derivative clips) are being created as a "work made for hire" specifically commissioned by Watch Me Think.

Assignment: you irrevocably and unconditionally assign to Watch Me Think free of all third party rights, claims and encumbrances and, without prejudice to the foregoing, with full title guarantee and where the assignment is of copyright by way of assignment of present and future copyright, all of your right, title and interest of whatsoever nature (whether now or hereafter known or created and whether vested or contingent) in and to the entire copyright in the videos (and any derivative clips) (including all rights in the nature of copyright and all neighbouring rights relating to the videos (and any derivative clips)) and for Watch Me Think to hold the same absolutely, throughout the universe, for the full period of such rights wherever subsisting or acquired and all renewals, reversions, revivals and extensions of such rights and thereafter (insofar as is or may become possible) in perpetuity.

Moral Rights: you irrevocably and unconditionally waive in perpetuity, in connection with the videos (and any derivative clips), the benefits of any provision of law known as moral rights or "droit moral" or any similar rights whether now existing or hereafter conferred under the laws of any jurisdiction. As a separate undertaking, you agree not to take any legal action in any jurisdiction on the ground that the videos (and any derivative clips) (or any version of the video/s) in any way constitutes an infringement of any such rights.

Name/Likeness: You irrevocably grant to Watch Me Think the right to use your name, voice, likeness and/or biographical material in any and all media (whether now or hereafter known or created) throughout the universe in perpetuity in connection with promoting and exploiting the videos (and any derivative clips) and all subsidiary and ancillary rights relating to the videos (and any derivative clips) and you irrevocably and unconditionally grant to Watch Me Think all consents required under Part II of the UK Copyright, Designs and Patents Act 1988 to enable Watch Me Think to make fullest use of such right.

Further Documentation: You shall agree to such additional documentation and do such further acts as Watch Me Think may reasonably require in order to effect the purpose and intent of this Agreement.

Warranties: You represent, warrant and undertake that:

1. any material created, added and/or submitted by you for the videos (and any derivative clips) (other than material provided by or alterations made by Watch Me Think for use by you) shall be wholly original to you and, to the best of your knowledge (including that which you should have known, in the exercise of reasonable prudence), is not the subject of any actual or threatened litigation or claim, and shall not infringe or violate the rights of privacy of, or constitute defamation of any party, or violate any common law, statutory rights or any other rights of any party;
2. You are entitled to enter into this Agreement (and give all assurances, confirmations, waivers and agreements set out in this Agreement) and are not under any obligation which will in any manner prevent or restrict you (and is not otherwise prevented or restricted) from entering into and freely performing your obligations or granting all rights granted or purported to be granted under this Agreement to enable Watch Me Think to exploit the videos (and any derivative clips) without making any further payment other than as expressly set out in this Agreement;
3. You shall not engage any person to serve in any capacity or incur any charge, expense, liability or obligation on behalf of Watch Me Think or order goods or pledge Watch Me Think’s credit without the prior consent of Watch Me Think;
4. You will comply with all of Watch Me Think’s policies and procedures as notified to you (including, without limitation, those attached hereto) and with any rules or regulations in force at any place where you are required to render services in connection with the videos (and any derivative clips); and
5. You will not enter (and/or authorize the entering into of) any product placement agreement for on-screen exposure of any product, item and/or logo in connection with the videos (and any derivative clips), it being understood and agreed that any such agreement or arrangement shall be made solely by Watch Me Think.

Cancellation or Revocation of Thinker Accounts

If any Thinker breaches these Terms & Conditions, Watch Me Think may, in its sole discretion, cancel, revoke, modify or otherwise amend a Thinker Account. This may result in the Thinker forfeiting any accumulated or due points, as well as be pursued for other legal remedies.

Thinker Rewards

All Thinkers are eligible to participate in the Watch Me Think Rewards Program.

The Watch Me Think Rewards Program will allocate points and cash bonuses to Thinkers based on the quality of the Content they upload to the Site.

Details of the Watch Me Think Rewards Program are set out within the website. The quality of the Content and the points allocated will be determined by Watch Me Think at its sole discretion but based on the quality of the content and the feedback received from clients.

Watch Me Think may at its sole discretion change the Rewards Program and these changes may include but are not limited to changing the criteria for the allocation of points, changing the calculation of the "pot", and changing the way in which the "pot" is distributed between Thinkers.

Payments for your services will be executed within 3 to 14 days after a brief closes, or any end date otherwise given.

Watch Me Think uses PayPal to make payments to you.

A failure to provide a correct PayPal account by the time the pot is shared between the Thinkers in any given quarter will result in the points and associated cash rewards being forfeited.

Because you are classified as a "supplier of services" to Watch Me Think, PayPal will take a % cut of any payment we make to you. As far as we are aware, it is against PayPal's Terms of Service for us to cover that charge for you. Therefore Watch Me Think cannot be responsible or liable for any charges made by PayPal when we pay you for your services as a Thinker.

Watch Me Think pays out money in Australian dollars. This will be converted to your preferred currency. Watch Me Think cannot be held responsible for fluctuations in currency exchange rates set by PayPal between the award being made and your payment being received.

Watch Me Think reserves the right to disqualify, refuse to allocate points, not accept or not publish any Content for any reason, in its sole discretion.

The decisions of Watch Me Think are final and binding. Watch Me Think may or may not communicate such reasons for disqualification to the contributing Thinker.

Thinkers are responsible for verifying the accuracy of the point balance in their Rewards Program account. Any discrepancies, including unauthorized award claims or erroneous point awards must be reported to Watch Me Think within 30 days from the date the change is made to the account, or will not be reviewed. Points are for the sole redemption of the submitting Thinker and may not be transferred between Thinkers. Points may not be sold, bartered or purchased. All questions or disputes regarding eligibility of points for accrual, conversion of points or redemptions of rewards will be resolved by Watch Me Think at its sole discretion.

All Government, Federal, State and/or local taxes for any reward or incentive received by a Thinker, if any, are the sole responsibility of the Thinker. However, if further personal details are required by Watch Me Think in order to fulfil any Government, Federal, State or local tax obligations than this must be provided upon request.

Thinkers should consult with their tax or legal advisor on the appropriate reporting and treatment of any incentives offered by Watch Me Think.

Emails that we send out

Watch Me Think sends emails to the Thinkers who match the criteria to answer specific briefs, asking them to apply to take part. By registering with Watch Me Think you agree to receive these emails. This is because they are integral to the operation of Watch Me Think as a business. It is NOT possible to opt out of receiving these emails.

You can opt-out of receiving all other communications from Watch Me Think, such as newsletters, by modifying your preferences in your account.

If you do not wish to receive Brief Alert Emails you must terminate your account with Watch Me Think.