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PRIVACY POLICY

Introduction

We fully respect your right to privacy and to protection of your personal data when you use our website.  This Privacy Policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us and our commitment under the Data Protections Act 1988 – 2018 and GDPR 2018.

 

Any references in this policy to ‘we’, ‘us’, ‘our’, ‘BUSINESS NAME’, and/or the ‘Business’ is to [insert business name]. Business name is a business registered in Ireland whose registered office is 47 Riddlesford, Southern Cross Road, Bray, Co Wicklow. 

We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from [date].

If you have any requests concerning your personal information or any queries with regard to our processing please contact us.

Information Collected

We only collect and use individual user details where we have legitimate business reasons, and where we are legally entitled to do so. Information in relation to personal data collected by Irish entities is available on www.dataprotection.ie, the website of the Irish Data Protection Commissioner.

 

We collect the following details:

 

  1. Full name and email address via the website  

  2. Full names, phone numbers, business email addresses, business addresses, on the contacts on our business desktop and business phone, [using insert software e.g. Revolut, Xero, Stripe,

  3. We may collect additional information in connection with your participation in any promotions or competitions offered by us and the information you provide when giving us feedback. We also monitor customer traffic patterns and site use which enables us to improve the service we provide.

Use of Information Collected

We require this information to understand your needs and provide you with a better service. In particular we use the information for the following:

  • To contact clients for everyday business, 

  • To send them a newsletter or other promotions [business name] might be running

Who Do We Share your Personal Data With

We do not sell or distribute your personal information to third parties for purposes of allowing them to market products and services to you. 

This list is of the third party software used to provide our services to you, with links to their privacy policies.

  • This website is built using WIX

  • Xero for Accounts

  • Compliance with legal obligations – retention of credit records as per Finance Acts.

  • Contractual necessity – processing of your data is required to fulfill a contract – i.e. to process and deliver our services to you.  

  • We use Google Analytics to obtain information about who is visiting our website with the Google Analytics measurement service.

  • We may also use your contact information – phone, email or postal address – to contact you for market research purposes.

The information we have will be used to customise the website according to your interests.

Retention of Data

We will hold onto your records in accordance with the Finance Acts of 6 years. We will hold onto your personal data in order to provide our services to you.

Disclosure of Your Information

We will never pass your personal data to anyone else unless the disclosure is required by Law. We may also use and disclose information in aggregate (so that no individual customers are identified) for marketing and strategic development purposes.

We may contact you:

  • For administration reasons related to the service to which you have signed up (e.g. to provide you with password reminders or to notify you that a particular service, activity or online content has been suspended for maintenance, or in response to a question that you ask us).

  • To provide you with information about our services, activities or online content. You should only receive such correspondence and updates from us, if you have agreed to in response to any contact you have made with us, e.g. via our newsletter, on our Facebook page, or via the Contact Us facility. It will be made clear to you where you have these choices, for example, by providing tick boxes for you to decide whether you wish to receive correspondence.

  • To invite you to participate in surveys about our services (participation is always voluntary).

Where we wish to use your personal information in any other way, we will ensure that we notify you first. You will also be given the opportunity to withhold or withdraw your consent for the use of your personal information for purposes other than those listed in this document.

 

Third Party Web Sites

Our website may contain links to other websites which are outside our control and are not covered by this Privacy Statement. We cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites.

 

How We Use Cookies

Cookies are very small text files that are stored on your computer when you visit some websites.

This Website Will:

  • Track the pages you visit via Google Analytics

  • Targeting Cookies

 

This Website Will:

  • Allow you to share pages with social networks such as Facebook (If available)

 

By using the website, you are agreeing to the use of cookies as described. The help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. You can also disable or delete similar data used by browser add-ons, such as flash cookies, by changing the add-on’s settings or visiting the website of its manufacturer. For more information about cookies and managing them, including how to turn them off, please visit www.cookiecentral.com. However, because cookies allow you to take advantage of some of our website’s essential features, we recommend you leave them turned on.

 

Mobile Devices and Social Media

Applications developed in connection with the website for mobile devices will operate and capture information as set out above. Applications developed by us but deployed on other platforms such as social media channels may provide feedback to us on activity and usage specific to a user.

 

Note: If you are aged 18 or under, please get your parent/guardian’s permission before you provide any personal information to us. Users without this consent are not allowed to provide us with personal information.

Right of Access and How to Contact Us

The Data Controller for this Website and the services provided through this Website is Seán Kennedy, info@smkmarketing.ie.​

You may request details of personal information which we hold about you under data protection legislation. If you would like a copy of the personal data or have any queries regarding our use of personal data we have about you, please email us at info@smkmarketing.ie.

If any of the information we hold about you is incorrect or incomplete, please write or email us at the above address and we will promptly correct the information.

Showing Your Work on Our Portfolio

We reserve the right to show work we have created for you on our portfolio, along with a brief outline of the project. We never detail any contact details here, and it would only ever be posted after the project has either gone public or is discontinued but we still feel the work was a good showcase for our services. Please see our terms and conditions for further details on this.

TERMS AND CONDITIONS
  1. SMK Marketing refers to the business of SMK Marketing and Sean Kennedy, the business owner and designer of SMK Marketing. All work is carried out on the understanding that the client has agreed to SMK Marketing’s terms and conditions. 

  2. SMK Marketing shall use reasonable endeavours to provide the services, and to deliver the finished product to the client, in accordance with the agreed proposal. 

  3. To commence the project, SMK Marketing will provide the client with a project agreement based on the initial quotation. The project agreement is to be signed and dated by the client and SMK Marketing, to indicate acceptance. Alternatively, the client may send an official order or an email acknowledging acceptance of the initial quotation, which binds the client to accept SMK Marketing’s terms and conditions. No work on a project will commence until acceptance of the quotation has been received by SMK Marketing and the first payment, be it for the first month, or pre-agreed term has been received to SMK Marketing's bank account.

  4. After first payment, the remaining balance of the project quotation total will be payable in accordance with the terms as set out in the initial quotation. The client will be provided with a project Invoice in accordance with the business terms set out in the initial quotation. Goods will remain the property of SMK Marketing until final payment is made. All payments are required even if deliverables are not used by client. 

  5. SMK Marketing's contracts state that "up to" a certain number of hours, as agreed in client's contract, shall be worked. This does not mean that the stated hours must be worked. For example, in a situation where contract states "up to 20 hours of work per month", but only 12 hours of work are needed/provided, SMK Marketing has met it's agreed upon working requirements.

  6. SMK Marketing requires the client to provide work and tasks to be completed up to the allotted working hours, per the contract agreed between both parties. In instances where little-to-no tasks are provided to SMK Marketing to carry out by the client, the client is still required to pay their contractually obligated monthly fee, unless otherwise expressly agreed upon, in writing, by both SMK Marketing and the client. Clients accept that there may be months during their contract where the full allotted hours, per the contract, or none at all, are worked as a direct result of their own lack of tasks and work provided to SMK Marketing, and that these instances are beyond SMK Marketing's control, but that the client must pay any and all outstanding monthly fees regardless. 

  7. In rare circumstances, where the client has made SMK Marketing aware of a lack of tasks ahead of time, and where agreed upon in writing between SMK Marketing and the client, SMK Marketing may be willing to "transfer" unworked hours to a future month.

  8. Fees for design work do not cover the release of master design files including .ai, .indd, .psd, or any other source files. If the client requires these files, they will be subject to separate fees which will be invoiced and paid for before files are released. Once released to the client SMK Marketing will no longer archive these files on behalf of the client. 

  9. Payments are in Euros only, unless agreed otherwise in writing by both the client and SMK Marketing, and can be made online with details supplied on the client’s invoice. Cheques are not acceptable. Payment is to be made via online transfer. 

  10. Accounts which remain outstanding for 30 days after the date of invoice, will incur a delay fee of 10% per week of the outstanding amount.  

  11. An account shall be considered a default if it remains unpaid for 30 days from the date of invoice. SMK Marketing shall be entitled to remove SMK Marketing and/or the client’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries. Removal of such materials does not relieve the customer of its obligation to pay the due amount. 

  12. Client’s whose accounts become a default agree to pay SMK Marketing a cancellation fee in the amount of 50% of the outstanding value of the contract. (For example, should a client on a tier 3 contract of €500 per month for 3 months decide to cancel after just 1 month of payment, their cancellation fee shall be 50% of the remaining €1000 of outstanding balance of the contract.)

  13. Should the client wish to cancel their contract, they may do so at any time by providing notice via email or letter to SMK Marketing, and by paying a cancellation fee in the amount of 50% of the outstanding value of the contract. (See point 12 for example).

    1. Should the client fail to pay the cancellation fee, the contract will be considered not cancelled and future invoices must still be paid as normal. If these subsequent invoices are not paid the client may be subjected to terms of default, for which the client may be charged additional delay fees. (See points 10 and 11).​

  14. In cases of defaulted accounts or failure to pay cancellation fees for defaults or contract cancellations, SMK Marketing reserves the right to seek legal council and may subsequently take legal action against said client for breach of contract.

  15. SMK Marketing reserves the right to cancel contracts with no notice period. 

  16. SMK Marketing shall not be held responsible for contract requirements, tasks, or campaigns not being carried out, and/or client assets and/or funds being lost, due to "acts of god", natural disasters, wars, etc. 

    1. In such circumstances, SMK Marketing reserves the right to cancel the remainder of a client's contract with no repayments of any pre-paid amounts.​

  17. If SMK Marketing’s performance of its obligations under the contract is prevented or delayed by any act or omission of the client, its agents, sub-contractors or employees, SMK Marketing shall not be liable for any costs, charges or losses sustained or incurred by the client arising directly or indirectly from such prevention or delay, and SMK Marketing shall be entitled to charge the client as if the services had been performed in full. 

  18. The client is responsible for the supply and proofreading of all text, at all stages of proofing, and particularly before printing. SMK Marketing is not liable for any errors in the text.

  19. There is an allowance for one level of correction on your projects. If there are further corrections to be made, there may be additional charges which SMK Marketing will advise you of, and a delay to timelines. SMK Marketing is not liable for these delays. Please note that content should be supplied as final text when requested, and this does not allow for corrections to be made by SMK Marketing. The client must ensure all content supplied is final. See additional notes within your quotation under processes. 

  20. Images or illustrations supplied by the client must be of high quality, cleared for use under copyright and protection laws, and suitable for the intended application (print or web). SMK Marketing can advise on this. Any other images or illustrations that are required or considered an improvement to the designs, can be sourced by SMK Marketing at an additional cost which will be advised before commissioning or purchase. Any image searches, commissions or purchases necessary for the project made by SMK Marketing will be subject to a handling fee of 20% of the cost or a minimum charge of €50.00. 

  21. SMK Marketing and the client both acknowledges their own intellectual property rights related to their respective business. All Intellectual Property rights which include but is not limited to designs, copyright, trademarks, service marks, ideas, creations, improvements to all property, whether in written form, images or other data supplied by SMK Marketing shall be the exclusive property of the client subject to payment of all monies due. Upon receipt of final payment, the client will own the text, images and other data we produce for you but not the techniques, methods, or trade secrets we use to produce it and which belongs solely to SMK Marketing and/or its partners. Please note the copyright and intellectual properties around the use of royalty free images does not give full rights to the client or SMK Marketing. SMK Marketing will advise the client if using royalty free imagery. 

  22. Should a client wish to use particular ‘copyrighted’ material, it is their responsibility to ensure that all legal and copyright implications are taken care of. Upon receipt of payment to SMK Marketing it will be deemed that the client has given full permission to use the copyrighted material at its own risk and consequences. The client agrees to indemnify and keep indemnified SMK Marketing against all losses, costs, demands, damages, legal actions, expenses and any claims howsoever incurred by SMK Marketing as a result of your breach of intellectual property rights. 

  23. Upon payment of all fees and expenses, the client will gain full transferable rights to brand identity, and full licence to reproduce works through commercial printers. All services provided by the designer shall be for the exclusive use of the client other than the designer’s promotional and portfolio use. 

  24. The designer may contract with other creative professionals to provide services such as web development, photography and illustration. Any such arrangement will include reproduction rights exclusively for the client for use of the deliverables specific to the project. 

  25. SMK Marketing cannot be held responsible for any changes or alterations made by the client or other third parties to the work produced by SMK Marketing. 

  26. The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the quotation will be liable to a separate charge. 

  27. As the client it is your responsibility to proof-read everything, and check that all artwork is correct and to your satisfaction before going to print. SMK Marketing is not liable for errors or omissions. You will be asked to sign off all artwork before print via Email. 

  28. SMK Marketing will keep the client informed at each stage of the project, and ask for content if necessary, feedback and approval where necessary. In order to complete the project within a reasonable timeline the client must provide all content and feedback when required. Delays in delivery of content to SMK Marketing will result in an extension of the timeline, which SMK Marketing is not liable for. These delays do not affect the payment schedule.

  29. Where there is a request for outside services, (programmers, editors etc.), SMK Marketing will manage these contracts for you through our regular suppliers and quoted for through SMK Marketing. These costs are always subject to change, and any changes will be advised at the time and invoiced on completion of the job. SMK Marketing will endeavour to keep these costs to a minimum and operate in its client’s best interests. Any additional fonts if requested or required, will also be quoted for separately and purchased by SMK Marketing. 

  30. Any technical issues which arise through the client and are dealt with by SMK Marketing will be an additional cost. Any additional costs will be advised and invoiced immediately or at an agreed time, but before publishing or release of goods. 

  31. The client agrees to allow SMK Marketing all necessary access to computer systems and other locations, as required, in order to complete a project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The client also agrees to allow SMK Marketing access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these terms and conditions. 

  32. If you select to use your own vendors, other than our trusted and reliable suppliers, you may request that we co-ordinate their work. If at all possible we will attempt to do so, but we cannot in any way be held responsible for quality, price, performance, services or delivery. 

  33. Non-payment of fees will result in the client NOT being able to use any the work or intellectual property created by SMK Marketing and/or its partners, and the collection of those fees will be turned over to an appropriate agency for collection. 

  34. SMK Marketing is not liable for any loss of earnings by the client. We will endeavour to supply quality work and at all times work under the recommended practises of the graphic design industry. 

  35. If for any reason either the client or SMK Marketing wish to terminate the contract, we need to give written notice of this and any outstanding costs to SMK Marketing must be settled by the client immediately. SMK Marketing is not responsible for any losses incurred by the client. 

  36. SMK Marketing does not operate any form of refund policy. Any payments made to SMK Marketing are final and will not be refunded under any circumstances.

  37. In the event of cancellation, termination or non-payment of fees by the client, all copyright, artwork and intellectual property involved with design or development work remains the property of SMK Marketing and/or its partners, and may NOT be used by the client, their suppliers or associates. 

  38. Should the client become insolvent, or if a petition of bankruptcy is filed against the client, or a receiver or trustee appointed for any of the client’s assets or property, this agreement will terminate immediately and all work, artwork, files and rights will be returned to SMK Marketing and any outstanding costs to SMK Marketing will be paid immediately. The work produced, which includes all designs, development work, copyright, artworks and intellectual property may NOT be used by the client, their suppliers or their associates. 

  39. In the event of death or disability or an incapacity of the designer making completion of the work impossible, this agreement will terminate. 

  40. If either party is unable to perform any of its obligations through fire, other casualty, act or order of public authority, act of god, or other cause beyond their control, either party may terminate this agreement by giving written notice to the other party and settling any outstanding fees and arrangements.

  41. SMK Marketing operates Monday to Friday, 9am to 5pm. All work and contact will be handled within these hours, unless previously agreed otherwise. SMK Marketing can be contacted via Email or phone during these hours. If a client’s project requires work outside of these hours (late hours, weekends and bank holidays), because of client deadlines, the project will be subject to ‘rush charges’, which will be an additional 50% of the total project cost. 

  42. All design work - where there is a risk that another party could make a claim - should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. SMK Marketing will not be held responsible for any and all damages resulting from such claims. 

  43. The client agrees to indemnify and hold harmless SMK Marketing from any and all claims, demands, losses, causes of action, damage, lawsuits, judgements, including attorney’s fees and costs. Any claim against SMK Marketing shall be limited to the relevant fee(s) paid by the customer. 

  44. Any indication given by SMK Marketing of a design project’s duration is to be considered by the client to be an estimation and should be deemed to be from the date that cleared funds are received by SMK Marketing of the initial booking fee. 

  45. If client delays occur SMK Marketing may reassign its resources to other projects. If after the project commences and no contact is made or communication stops from the client for a period of 90 days, SMK Marketing will terminate the contract and retain all copyright and Intellectual property. 

  46. SMK Marketing will liaise with one point of contact on the client side. This contact should preferably be the business owner, and should be responsible for ensuring that content, proper access to passwords, control panels, imagery logos etc is supplied when requested, and sign off happens when requested. If there are delays on the client-side SMK Marketing cannot be held responsible for these delays. 

  47. The client shall provide the designer with samples of print design that result from the project and they shall be representative of the highest quality of work produced. The designer may use such samples for publication, exhibition, or other promotional purposes. The designer shall have the right to photograph all completed designs or installations and have the rights to use such photographs for publication, exhibition, or other promotional purposes. 

  48. The client shall inform the designer in writing before project commencement if any material or information provided by the client is confidential or under copyright. 

  49. The client agrees that these terms and conditions shall be governed by Irish Law and the exclusive jurisdiction of the Irish courts.

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