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
PROJECT TERMS AND CONDITIONS.
1.1 Project: Refers to the initial project as commissioned by the Client.
1.2 Client: Refers to the commissioner of the Project.
1.3 Agency: Refers to the creator of the Project, also referred to as Brighter Future in this contract.
2.1 Agreement with Client: The Agency agrees 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.
2.2 Information: The Client agrees to help the Agency do so by making available all the information reasonably requested, cooperating, and ensuring all facts given about the Project and/or service are accurate.
3. TERMS OF APPOINTMENT
3.1 Start Date: This agreement shall commence immediately upon signing.
3.2 Duration: It shall continue until work on the Project is complete unless otherwise terminated by either party under conditions stated in the termination section. The duration can be extended upon mutual agreement if unforeseen circumstances arise.
4. APPROVAL, AUTHORITY, AMENDMENTS
4.1 Approval Process: All design drafts, content, and strategies will be subjected to the Client's approval before finalisation.
4.2 Authorization and Additional Scope: The Agency is authorised to access any resources required to complete the Project. Any additions or changes to the Project scope will first need to be approved by both parties.
4.3 Amendment: Any changes or amendments to the original agreement or scope will need to be documented and approved by both parties.
4.4 Design Integrity Post Project: After the project's completion, the Client agrees to consult with the Agency's design team before making any major alterations to the provided designs. This consultation ensures the quality and integrity of the Project/Touchpoint are upheld. Consultations will be charged at the standard hourly rate unless a different amount is mutually agreed upon. However, if the consultation requires only a brief amount of time (e.g., 30 minutes), Brighter Future will waive the fee.
4.5 Major Revisions: Once design’s have been provided, we allow for two major revision rounds, where significant changes to the project can be made. Depending on circumstances, Brighter Future is open to goodwill and an extension of these terms, should the circumstances require.
4.6 Minor Revisions: Post the major revision, two rounds of minor revisions are permitted. Minor revisions refer to smaller changes that don’t consume significant time.
5.1 Fixed Charges: All charges will be as stated in the Project quotation provided.
5.2 Payment Confidentiality: The Client undertakes to maintain confidentiality regarding the financial details and cost of the project.
5.3 Overheads: All overhead costs will be borne by the Agency unless otherwise agreed upon.
5.4 Additional Work: Any work beyond the scope of the initial Project or tasks not specified in the quotation will be charged at an hourly rate of £150.
5.5 Adherence: All parties agree to adhere to scheduled calls as previously agreed upon. A goodwill period of a maximum of 10 minutes is allowed for delays. Missing calls or delays will incur an additional charge of £150 per hour. Any changes to scheduled calls should be communicated via email or other agreed-upon means at least 24 hours before the call to avoid any charges.
6. TERMS OF PAYMENT
6.1 First Payment: In all circumstances, an initial payment is required to initiate the Project.
6.2 Instalments: Details of any instalment-based payments will be provided, if applicable.
6.3 Final Payment: All final payments are to be made in accordance with the stated payment timeline. No files will be handed over until payment is made and cleared.
6.4 Copyright Release: Copyright of all created materials will only be transferred upon the complete payment for the project. In the event of project cancellation, 50% of the remaining payment must be settled before any rights are transferred.
6.5 Ownership of Source Files: All source files and proprietary methods (including plugins, shortcuts, etc.) used to develop projects remain under the ownership of Brighter Future. This includes, but is not limited to, files from programs such as Adobe InDesign, Adobe XD, Adobe Illustrator, Adobe Photoshop, Sketch, Figma, CorelDRAW, and Adobe Premiere Pro. Ownership transfer for specific source files will be considered only upon an additional fee agreement.
6.6 Late Payment Charges: Payments made after the stipulated 14 working day period from receiving the invoice will incur a late fee of 3.5% of the total invoice amount for every week of delay. The late fee will be compounded weekly until the outstanding amount, including all accumulated late fees, is fully paid.
7. COPYRIGHTS AND OTHER RIGHTS
7.1 Data Protection: All data shared will be protected and stored securely.
7.2 Usage: No data will be used for purposes outside the scope of the project.
7.3 Non-Disclosure: Brighter Future agrees not to disclose any confidential information to third parties.
7.4 Confidentiality and Non-Defamation: Both parties agree to maintain the confidentiality of all conversations, information, and details related to the project. Neither party shall defame, slander, or speak ill of the other in any circumstance, whether during the duration of this project or after its completion.
8. LIABILITY AND OTHER CLAIMS
8.1 Damages: Any damages incurred due to negligence or breach will be addressed based on the agreement of both parties.
8.2 Indemnity: Both parties indemnify each other against any third-party claims arising out of this project.
8.3 Mediation: Should any dispute arise between both parties, they agree to first seek resolution through mediation before resorting to litigation.
8.4 Project Delays and Feedback: All project timelines provided are estimates. Brighter Future relies on the client to respond and collaborate in a timely manner. Feedback on any aspect of the project is expected within one week of the request, and all timelines are structured based on prompt feedback.
8.5 Project Delays Not Constituting Breach: Delays in the project timeline, especially those arising from unforeseen circumstances, changes in scope, or delays in feedback from the client, shall not constitute a breach of this contract.
8.6 Limitation of Liability: Brighter Future's liability to the client or any third-party claims is limited. We will inform the client of any potential risks or issues that might arise during the course of the project. Once the client has been informed and provides approval, our liability concerning the highlighted issues is waived.
9. FORCE MAJEURE
Neither party shall be liable for any failure or delay in performing its obligations under the contract to the extent that such failure or delay is caused by a force majeure event. A force majeure event refers to circumstances beyond the party's reasonable control including, but not limited to: war, strikes, industrial action short of a strike, lockouts, accidents, fire, blockage, import/export embargo, ice obstruction, and natural catastrophes.
10.1 Breach: If either party commits a breach of any of the terms herein and fails to remedy that breach within 30 days after written notification from the non-breaching party, the aggrieved party can terminate the contract immediately.
10.2 Voluntary Cancellation by Client: Should the Client choose to voluntarily cancel the Project for reasons other than a breach by the Agency, the Client will be liable to pay 50% of all remaining fees that would have been due for the entire Project.
10.3 Consequences of Termination: Upon termination for breach, all pending payments become due immediately, and any ongoing work is halted.
11. CASE STUDY AND MARKETING DATA
11.1 Sharing of Data: The client agrees to share with Brighter Future any improvements, results, or data related to the marketing efforts stemming from this project.
11.2 Use of Data: Brighter Future will seek the client's approval if it intends to use any digital marketing data or numbers. This approval is specific to data and not the general content of the case study, (i.e graphics, storytelling etc).
11.3 Confidentiality: Any confidential data will be excluded from the case study and will not be disclosed.
11.4 As part of this agreement, the Client agrees to acknowledge and express gratitude for Brighter Future's contributions to the project. This acknowledgment will be made during relevant announcements, updates, or publications related to the project, both online and offline.
12. THIRD-PARTY ASSETS
12.1 General: We do not provide ownership or rights to colours, fonts, and imagery that weren’t created by us or a contracted photographer. These assets fall under non-exclusive rights provided by the purchase of such assets.
12.2 Purchase of Assets: Fonts, images, and other third-party assets should be purchased either by the client or, if procured by Brighter Future, will incur a 15% surcharge.
13. WARRANTIES AND REPRESENTATIONS
Both parties warrant that the information they provide during the course of the project is accurate to the best of their knowledge. Any misrepresentations or omissions may be subject to remedial actions as determined by the involved parties.
14. INTELLECTUAL PROPERTY INFRINGEMENT INDEMNITY
In the event that the work provided is found to infringe on another entity's intellectual property, Brighter Future will work diligently to rectify the situation. This could involve altering the design, securing the appropriate rights, or offering a replacement. The client shall inform Brighter Future immediately upon receiving any notice of such infringement.
15. RELATIONSHIP OF THE PARTIES
The relationship between Brighter Future and the client is that of an independent contractor. Nothing in this agreement shall be interpreted as creating an employer-employee relationship.
16. ASSIGNMENT AND DELEGATION
Neither party shall assign, delegate, sublicense, or transfer, whether by operation of law or otherwise, any rights or duties under this Agreement without the prior written consent of the other party.
17. GOVERNING LAW
This Agreement and any dispute arising out of or in connection with it will be governed by and construed under the laws of England and Wales.
All notices required or permitted under this Agreement shall be in writing and shall be deemed given when sent by email to firstname.lastname@example.org & email@example.com.
No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the waiving party. The failure by either party to enforce any provision of this Agreement shall not constitute a waiver of future enforcement of that or any other provision.
If any provision of this Agreement is held to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
For a period of 12 months after the completion of the project, the client agrees not to solicit or approach any of Brighter Future's employees or subcontractors with offers of employment or for services.