Effective date: 2020-06-26
Welcome to Brighter Future.
ACL Creative Studio LTD operates Brighter Future (hereinafter referred to as “Service”).
SERVICE means the Brighter Future website operated by ACL Creative Studio
PERSONAL DATA means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
USAGE DATA is data collected automatically either generated by the use of Service or from Service infrastructure itself (for example, the duration of a page visit).
COOKIES are small files stored on your device (computer or mobile device).
DATA PROCESSORS (OR SERVICE PROVIDERS) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
DATASUBJECT is any living individual who is the subject of Personal Data.
THE USER is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.
3. Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.
4.Types of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
- 0.1.Email address
- 0.2.First name and last name
- 0.3.Phone number
- 0.4.Address, Country, State, Province, ZIP/Postal code, City
- 0.5.Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.
We may also collect information that your browser sends whenever you visit our Service or when you access Service by or through any device (“Usage Data”).
This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access Service with a device, this Usage Data may include information such as the type of device you use, your device unique ID, the IP address of your device, your device operating system, the type of Internet browser you use, unique device identifiers and other diagnostic data.
Tracking Cookies Data
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
- 0.1.Session Cookies: We use Session Cookies to operate our Service.
- 0.2. Preference Cookies: We use Preference Cookies to remember your preferences and various settings.
- 0.3. Security Cookies: We use Security Cookies for security purposes.
- 0.4. Advertising Cookies: Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.
While using our Service, we may also collect the following information: sex, age, date of birth, place of birth, passport details, citizenship, registration at place of residence and actual address, telephone number (work, mobile), details of documents on education, qualification, professional training, employment agreements, non-disclosure agreements, information on bonuses and compensation, information on marital status, family members, social security (or other taxpayer identification) number, office location and other data.
5. Use of Data
The Brighter Future uses the collected data for various purposes:
- 0.1. to provide and maintain our Service;
- 0.2. to notify you about changes to our Service;
- 0.3. to allow you to participate in interactive features of our Service when you choose to do so;
- 0.4. to provide customer support;
- 0.5. to gather analysis or valuable information so that we can improve our Service;
- 0.6. to monitor the usage of our Service;
- 0.7. to detect, prevent and address technical issues;
- 0.8. to fulfil any other purpose for which you provide it;
- 0.9. to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
- 0.10. to provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc.;
- 0.11. to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;
- 0.12. in any other way we may describe when you provide the information;
- 0.13. for any other purpose with your consent.
6. Retention of Data
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
7. Transfer of Data
Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside Switzerland and choose to provide information to us, please note that we transfer the data, including Personal Data, to Switzerland and process it there.
8. Disclosure of Data
We may disclose personal information that we collect, or you provide:
- 0.1. Disclosure for Law Enforcement. Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities.
- 0.2. Business Transaction. If we or our subsidiaries are involved in a merger, acquisition or asset sale, your Personal Data may be transferred.
- 0.3. Other cases. We may disclose your information also:
- 0.3.1. to our subsidiaries and affiliates;
- 0.3.2. to contractors, service providers, and other third parties we use to support our business;
- 0.3.3. to fulfill the purpose for which you provide it;
- 0.3.4. for the purpose of including your company’s logo on our website;
- 0.3.5. for any other purpose disclosed by us when you provide the information;
- 0.3.6. with your consent in any other cases;
- 0.3.7. if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.
9. Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
10. Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Union (EU) and European Economic Area (EEA), you have certain data protection rights, covered by GDPR.
We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please email us at email@example.com
In certain circumstances, you have the following data protection rights:
- 0.1. the right to access, update or to delete the information we have on you;
- 0.2. the right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete;
- 0.3. the right to object. You have the right to object to our processing of your Personal Data;
- 0.4. the right of restriction. You have the right to request that we restrict the processing of your personal information;
- 0.5. the right to data portability. You have the right to be provided with a copy of your Personal Data in a structured, machine-readable and commonly used format;
- 0.6. the right to withdraw consent. You also have the right to withdraw your consent at any time where we rely on your consent to process your personal information;
Please note that we may ask you to verify your identity before responding to such requests. Please note, we may not able to provide Service without some necessary data.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
11. Your Data Protection Rights under the California Privacy Protection Act (CalOPPA)
According to CalOPPA we agree to the following:
- 0.1. users can visit our site anonymously;
- 0.4. users are able to change their personal information by emailing us at firstname.lastname@example.org.
Our Policy on “Do Not Track” Signals:
We honor Do Not Track signals and do not track, plant cookies, or use advertising when a Do Not Track browser mechanism is in place. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
12. Your Data Protection Rights under the California Consumer Privacy Act (CCPA)
If you are a California resident, you are entitled to learn what data we collect about you, ask to delete your data and not to sell (share) it. To exercise your data protection rights, you can make certain requests and ask us:
0.1. What personal information we have about you. If you make this request, we will return to you:
- 0.0.1. The categories of personal information we have collected about you.
- 0.0.2. The categories of sources from which we collect your personal information.
- 0.0.3. The business or commercial purpose for collecting or selling your personal information.
- 0.0.4. The categories of third parties with whom we share personal information.
- 0.0.5. The specific pieces of personal information we have collected about you.
- 0.0.6. A list of categories of personal information that we have sold, along with the category of any other company we sold it to. If we have not sold your personal information, we will inform you of that fact.
- 0.0.7. A list of categories of personal information that we have disclosed for a business purpose, along with the category of any other company we shared it with.
Please note, you are entitled to ask us to provide you with this information up to two times in a rolling twelve-month period. When you make this request, the information provided may be limited to the personal information we collected about you in the previous 12 months.
0.2. To delete your personal information. If you make this request, we will delete the personal information we hold about you as of the date of your request from our records and direct any service providers to do the same. In some cases, deletion may be accomplished through de-identification of the information. If you choose to delete your personal information, you may not be able to use certain functions that require your personal information to operate.
0.3. To stop selling your personal information. We don’t sell or rent your personal information to any third parties for any purpose. We do not sell your personal information for monetary consideration. However, under some circumstances, a transfer of personal information to a third party, or within our family of companies, without monetary consideration may be considered a “sale” under California law. You are the only owner of your Personal Data and can request disclosure or deletion at any time.
If you submit a request to stop selling your personal information, we will stop making such transfers.
Please note, if you ask us to delete or stop selling your data, it may impact your experience with us, and you may not be able to participate in certain programs or membership services which require the usage of your personal information to function. But in no circumstances, we will discriminate against you for exercising your rights.
To exercise your California data protection rights described above, please send your request(s) by email: email@example.com.
Your data protection rights, described above, are covered by the CCPA, short for the California Consumer Privacy Act. To find out more, visit the official California Legislative Information website. The CCPA took effect on 01/01/2020.
13. Service Providers
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
15. CI/CD tools
We may use third-party Service Providers to automate the development process of our Service.
16. Behavioral Remarketing
We may provide paid products and/or services within Service. In that case, we use third-party services for payment processing (e.g. payment processors).
18. Links to Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
19. Children’s Privacy
Our Services are not intended for use by children under the age of 18 (“Child” or “Children”).
We do not knowingly collect personally identifiable information from Children under 18. If you become aware that a Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.
21. Contact Us
STANDARD TERMS AND CONDITIONS OF CONTRACT AND/OR RETAINER.
1.1 Agreement with Client
We agree to provide consultancy, strategy, storytelling and design services and campaign implementation (“the project”) as described in and on the terms of our written quotation or scoping document (if any) on the following terms:
You agree to help us to do so by making available to us all the information reasonably requested by co-operating with us, and to ensure that all the facts given about your project and/or service are accurate.
2. TERMS OF APPOINTMENT
This agreement shall commence with 7 working days from payment 14 days It shall continue until work on the project is complete.
3. APPROVAL, AUTHORITY, AMENDMENTS
We will submit to you for approval plans, designs and content, press releases, articles, designs, artwork, copy and layouts as appropriate.
Your approval of material submitted will be our authority to submit items to the press, purchase production material and order or prepare proofs and/or samples.
(a) In the event of your reasonable request to reject any material submitted once approved by you, we shall take all reasonable steps to comply with such a request, provided that we can do so within our contractual obligations with suppliers of any kind retained for your account.
(b) In the event of any such amendments it will be necessary for you to reimburse us for any charges, expenses and third party claims to which we are committed and liable and also pay our fees covering these items.
4.1 General Remuneration
Our income will be calculated on the following basis:
(a) The quotation given to you.
(b) For all services rendered for which no quotation is given or which are not included in the quotation given, a fair and reasonable charge will be made.
(c) The cost of all materials and services purchased for your account, including travel, accommodation, expenses and general deliveries, which may be subject to an uplift. Wherever reasonably possible, these charges will be agreed with you in advance.
(d) Any additional charges, expenses, claims or fees incurred as a result of clause 3.3.
(e) Any quotation not accepted within three months shall lapse.
4.2 Value Added Tax
We shall include in our invoices, where appropriate, any VAT payable on transactions between us or for your account involving materials and services.
5. TERMS OF PAYMENT.
5.1 First Payment – Website and print projects
An initial payment will be requested on account of resources, materials and services purchased on your account. This will usually be shown as the ‘first stage’ payment and is chargeable at the start of the project.
5.2 Subsequent Payments
Until completion of the project we shall be entitled to submit invoices in respect of a fair proportion of the amount quoted for the project. The specific schedule of payments will be outlined in full in the relevant quotation. All most circumstances, invoices are due for payment to initiate the project
5.3 Retainer payments
Where a regular monthly retainer is agreed, this will be based on the provision of a set number of hours of work, as outlined at the outset of the contract or annual review. Records will be kept as to how these hours are spent and reports are available on request. As both credit and debits hours may exist, we will advise you from time to time if there is a major surplus of hours owing to you, or if we feel that the workload is too great and that any deficit may not realistically be reduced; in this case, we will agree with you how these additional hours are to be paid for.
5.4 Abortive/Cancelled Project Fees – Regular Publishing
One month’s notice to major changes in scheduling is required for all regular publishing projects.
5.5 Abortive/Cancelled Project Fees – Other
If work has commenced, we are not liable for any refunds.
5.6 Overdue Payments
All invoices not paid for within 30 days, or any part thereof, which remains unpaid after 30 days shall be liable to an interest charge at 3% above the base lending rate of National Westminster Bank prevailing at the time.
5.7 Disputed Invoices
You will notify us in writing within 14 days of receipt of an invoice of any items you dispute. In the absence of any such written notice within 14 days, the invoices shall be deemed to be correct.
6. COPYWRITERS AND OTHER RIGHTS
6.1 Copyright During Agreement
The copyright for all purposes in artwork, designs and all other work created by and for us for your account vests in us during the currency of this agreement unless arrangements are made to the contrary.
6.2 Copyright on or after Termination
If you so request, and provided that all your obligations and payments arising from this agreement have been met, we will assign such copyright as vests in us to you upon termination of this agreement. Under no circumstances will we handover our design source files (ie. Quark Xpress, InDesign, Photoshop etc).
In the case of websites, any agreement to assign copyright (as specified in 6.2) precludes you from transferring or selling all or part of any such site to a third party. Design and layout are integral to our product and are protected absolutely under intellectual property rights.
6.3 Unused Material
At termination, unused or disapproved designs, artwork, copy and layouts and ideas prepared by us, whether the subject of a copyright or not, shall remain our property and shall not be used by you subsequently regardless of whether or not the physical embodiment of any creative work is in your possession in the forms above mentioned or as proofs and samples, unless otherwise agreed. All design boards and dummies submitted but unused or disapproved shall be returned to us at your expense.
7. CONFIDENTIAL INFORMATION
We acknowledge a duty not to disclose without your permission during or after our term of appointment any confidential information resulting from studies or surveys commissioned by you. You in turn acknowledge our right to use as we see fit any general marketing or other intelligence in the field of your product or service which we have gained in the course of our appointment. We also reserve the right to produce a case study relating to our work for you as part of our marketing efforts, but we will always seek specific permission from you before commencing any such case study and your approval of the final text.
7.2 Other Information
During the currency of this agreement and after its termination, we acknowledge our responsibility to treat in complete confidence all marketing and sales information or statistics which you may supply to us in the course of any work.
8. LIABILITY AND OTHER CLAIMS
8.1 Limitation of Consultancy Liability
We shall not be liable for any delay in or omission or error in any services or materials purchased for your account in the absence of default or neglect on our part.
8.2 Indemnity to Consultancy
You will indemnify us against any loss we may incur as a result of any civil claims or proceedings brought against us based upon any work prepared for you by us and approved by you before publication or purchase.
8.3 Force Majeure
If, due to war, strikes, industrial action short of a strike, lock outs, accidents, fire, blockage, import/export embargo, ice obstruction, natural catastrophes or other obstacles over which the consultancy has no control, we fail to complete our package in a manner and within the time required by the term of this agreement, we shall not be held responsible for any loss or damage which may be incurred by you as a result of such failure.
We shall not be deemed to have notice of any requirements as to timing or the importance of meeting any critical dates or the consequences of failing to meet any such dates unless you give notice in writing when accepting the quotation.
Should it be necessary to terminate the contract, three month’s notice is required from either party, unless the contract is less than 3 months.
9.1 Rights and duties up to Termination
Our rights, duties and responsibilities shall continue in full force including the ordering and invoicing for such materials and services as appropriate.
The construction, validity and performance of this agreement shall be governed in all respects by the law of England and Wales. In any dispute, difference or question which may arise in respect of this agreement which the parties are incapable of resolving as between themselves, the parties agree to the exclusive jurisdiction of the Courts of England and Wales.