Terms of Service for the CrewShare.no platform

1. Introduction and definitions

CrewShare is a brokerage service for internal resource management and staffing between companies in the construction and civil engineering industry.

These terms of service («Terms») govern the use of the Platform CrewShare.no, provided by CrewShare AS (org.no. 935 469 627). By creating a user and/or using CrewShare you agree to be bound by these terms.

The following definitions apply in these terms:

• Administrator user means a person who has been granted full access to the member company's account on the Platform by the member company, including the right to create, modify and manage content related to the company's use of the Platform.
• Employee means a natural person who is permanently employed by the member company and who is registered on the platform for internal resource management and/or made available for hire through the Platform.
• Hirer means a Member Company that, through the Platform, initiates or approves the hiring of personnel from another Member Company.
• Confidential information means any information that is not publicly available and which, by its nature, context or use, may be likely to cause CrewShare, Hirer, Lender or Employee personnel financial loss, competitive disadvantage or other harm.
• Member Company means a legal entity that has registered a user account on the Platform and uses the Platform either to hire Employees, lend out its own Employees, and/or manage internal resources.
• Platform means CrewShare's digital solution for the hiring and lending of personnel and all associated features.
• Lender means a Member Company that, through the Platform, makes its own employees available for hire.

2. User account and access

Each Member Company may create one or more Administrator Users who are responsible for all activity related to the company's account.

3. CrewShare's role and area of responsibility

CrewShare.no acts exclusively as a broker through the Platform. The Hirer and Lender are themselves responsible for ensuring that hiring and lending takes place in accordance with applicable legislation, including in particular the Working Environment Act § 14-13 on hiring from companies whose purpose is not to provide hiring services. CrewShare is not responsible for whether the parties' use of the agreement complies with these terms.

4. Confidentiality and duty of secrecy

4.1. General duty of secrecy

Member Companies undertake to maintain confidentiality regarding all confidential information they access through the CrewShare.no platform. The duty of secrecy applies regardless of whether the information is expressly marked as confidential.

4.2. Duration

The duty of secrecy applies throughout the entire hire period and for three (3) years after the end of the collaboration, unless otherwise required by law or special agreement.

4.3. Special confidentiality agreement

If the hire relationship requires special confidentiality, it is the Hirer's responsibility to enter into a separate confidentiality agreement with the hired Employee. CrewShare does not offer a standard template for this.

4.4. Breach of duty of secrecy

Breach of this confidentiality provision is considered a material breach. See section 9 for sanctions upon breach.

5. Spot checks and requests for documentation

5.1. Spot checks

CrewShare reserves the right to carry out spot checks when there is suspicion of a breach of the Terms.

5.2. Documentation

CrewShare may at any time request documentation confirming employment relationships, work permits, qualifications and other documents relating to compliance with the Terms. The Lender shall provide such documentation without undue delay. CrewShare only carries out an internal verification of the documents provided and disclaims responsibility for missing, incorrect or outdated information.

6. Visibility of employees

Before a hire contract is entered into on the Platform, only the company name, contact information and key details about the Employee are displayed, without name or other identifying information. Visibility is limited to safeguard privacy and prevent direct contact outside CrewShare's contract system.

When the Lender sends a contract to the Hirer through the Platform, the Employee's name and other necessary identification details will be included in the contract.

7. Compliance

7.1. General

All Member Companies undertake to comply with applicable Norwegian legislation when hiring and lending workers.

7.2. Special rules for staffing agencies

If the Member Company is a staffing agency, the Member Company must register as a staffing agency on the Platform. It is prohibited for staffing agencies to lend workers to construction sites in Oslo, Viken and the former Vestfold, cf. § 14-12 (2) of the Working Environment Act and related regulations.

For more information about staffing agencies, see the Norwegian Labour Inspection Authority's pages on hiring from staffing agencies and production companies.

8. Processing of personal data

CrewShare processes personal data in accordance with the General Data Protection Regulation (GDPR). The Platform only uses necessary data to provide and operate the Platform.

8.1. Lender's responsibility for processing personal data

The Lender is the data controller for all personal data registered about its own employees on the Platform, including information about qualifications, courses, certificates, employment conditions and other information that the Lender chooses to enter. The Lender warrants that the processing takes place in accordance with applicable data protection legislation and that a valid legal basis for the registration exists. The Lender is also responsible for ensuring that the information is correct at all times, and updated as necessary to remain correct.

CrewShare is a data processor only for the information processed as part of the operation of the Platform, and does not independently verify the information registered by the Lender. CrewShare disclaims responsibility for missing, incorrect or outdated information entered by the Lender.

8.2. Content of CV profiles

When an Employee is registered on the Platform, the following data may be stored:

1. first name/last name,
2. profession/title,
3. profile picture,
4. skills,
5. education, courses, certificates and skills,
6. years of experience,
7. free-text description (competency profile),
8. documents related to profession, education, courses and certificates, and
9. cities, regions or areas where the employee is available for work.

8.3. Availability to external parties

When an Employee's profile is made visible for external hire, the display occurs without name or contact information. This information is only used to assess professional suitability.

8.4. Rights and notification

Employees are notified via the Platform when their profile is made available for hire, provided the employee's email is entered. Employees have the right to access, correct and delete their information in accordance with GDPR.

8.5. Retention period

CrewShare stores personal data only for as long as necessary to provide and operate the Platform, or for as long as CrewShare is legally obliged to retain the data.

When a Member Company deletes an Employee from the Platform, the profile is immediately removed from CrewShare's operational systems.

9. Breach of terms and sanctions

9.1. Reactions to breach of terms

CrewShare reserves the right to take action upon breach of these terms. Measures include, but are not limited to:

1. temporary or permanent deactivation of user account,
2. restriction of access to Platform functionality,
3. collection of any financial claims, and
4. notification of relevant authorities in the event of serious breaches.

9.2. Consequences of disloyal exploitation of the Platform

Attempts to circumvent the Platform's business model are considered serious breaches. It is specifically prohibited to:

1. share or disclose information from the platform to other persons and companies who do not have access to the platform's content.
2. use the Platform to find and contact Employees without entering into an agreement via the Platform, and
3. recruit or employ Employees presented through CrewShare.no without the Lender's consent and/or outside CrewShare's contract system.

After an agreement has been entered into through CrewShare, it is permitted and expected that the Hirer and Lender have direct dialogue about the specific employment relationship. This provision does not prevent normal communication after a signed hire agreement.

In the event of a breach of this section 9.2, CrewShare may:

1. claim compensation equivalent to lost brokerage fees,
2. block or terminate the user's access to the Platform, and
3. bring a claim for damages for financial loss.

9.3. Material breaches

Breaches of the terms that may result in immediate account closure include the following, but are not limited to:

1. deliberate misinformation about employees,
2. misuse of the brokerage function,
3. unauthorised sharing of login information, and
4. breach of confidentiality.

10. Changes to terms and Platform maintenance

10.1. Changes to terms

CrewShare reserves the right to change the Terms. Material changes will be notified by email or directly on the Platform, with a minimum of 14 days' notice before they take effect. Continued use of the Platform after the changes have taken effect will be deemed acceptance of the revised terms.

10.2. Maintenance

CrewShare may carry out necessary maintenance that involves temporary unavailability. CrewShare is not responsible for losses resulting from downtime, system errors or technical problems.

11. Obligation to use CrewShare agreement framework

By accepting these terms, the Member Company undertakes to use CrewShare's agreement framework in a loyal and correct manner. The agreement framework generated on the Platform shall be used when entering into hire relationships between Member Companies, and the user shall not circumvent or override the agreement framework by entering into parallel or alternative agreements outside the Platform.

Use of the agreement framework means that the parties accept that communication, requests and agreements related to hiring and lending shall be handled through the Platform's systems.

12. Additional services

Any additional services or costs outside the agreement entered into through CrewShare must be agreed separately and are not the concern of CrewShare.

13. Contact and dispute resolution

13.1. Contact

• CrewShare AS (org.no. 935 469 627), Breigata 12, 0187 Oslo
• Phone: 482 12 755
• Email: kontakt@crewshare.com

13.2. Choice of law and jurisdiction

These terms are governed by and shall be interpreted in accordance with Norwegian law. Any disputes arising in connection with use of the Platform shall be sought resolved amicably. If the parties do not reach agreement within 30 days of a request for negotiations being submitted, the dispute shall be decided by ordinary courts with Oslo District Court as the venue.