In this policy, “processes” means collects, stores, shares and otherwise uses for lawful purposes. “We”, “our” and Marketing by Design means MARKETING BY DESIGN AGENCY LLC and it covers all the instances where we might process personal information of customers, clients, supporters, event attendees, beneficiaries and other relevant parties.
This policy has been updated in April 2019 to reflect the new data protection legislation called the General Data Protection Regulation (GDPR) and the Privacy and Electronic Communications Regulation (PECR).
If you have any questions about this policy or how we use your personal information, please contact us using the contact details given below.
Organizations are permitted to process data if they have a legal basis for doing so Marketing by Design processes data on the basis that in furtherance of our business objectives:
Express and informed consent has been given by the person whose data is being processed; and/or
Marketing by Design has a legitimate interest in processing the data; and/or
It is necessary in relation to a contract or agreement which the person has entered into or because the person has asked for something to be done so they can enter into a contract or agreement; and/or
There is a legal obligation on Marketing by Design to process data.
Where Marketing by Design is relying solely on consent as the basis for processing data, we are required to obtain your expressed consent and you can modify or withdraw this consent at any time by notifying us in writing, although this may affect the extent to which Marketing by Design is able to provide services to or interact with you in future.
Marketing by Design may change this policy from time to time and any such changes will be published on our website. Notwithstanding any change to this policy, we will continue to process your personal data in accordance with your rights and our obligations in law.
Your personal information: what we collect
The personal information we collect about you will depend on your relationship with our business. It includes (but isn’t limited to):
your name, address, telephone number, date of birth, gender and email address;
your preferences and interests, we may utilise your preferences to ensure we send you the most relevant communication in the future;
other information you provide to us from time to time which is relevant and necessary for us to collect and process
your activity online concerning your visit/s to our website and when we send you an email
information on your family’s background, or your own, specifically so that we can find your record in our archive collection;
You, as the data subject, may change your preferences or request deletion of your data at any time in writing, subject to any overriding legal obligation that we may have for its retention.
We may keep such data on a ‘suppression list’ so we know not to contact you or process your data in future until further notice.
We do not, and never would, profile your information. Profiling is an automated process which uses publicly available information to reach conclusions about supporters and then marketing to them accordingly.
We would also never sell your information to a third party.
How we use your personal information
We use your personal information for the following purposes:
to send you administrative notices, relating to our organization and its activities, where relevant;
for our internal purposes such as management, research, analytics, organizational reporting, and ways that will improve efficiencies;
to check with you that you are content with regards the type of communications that you receive;
to market our company and its relevant services, products and information including occasionally third-party events or activities that may be of interest to you by the appropriate means and in accordance with the GDPR and the PECR.
to create anonymous and aggregated reports about our supporters, customers or members to ensure our organization is communicating with and delivering the best possible services.
to help the emergency services if required;
to prevent and detect criminal activity and fraud;
to comply with applicable laws, regulations, court orders, government and law enforcement agencies’ requests, to operate our systems properly and to protect ourselves, our beneficiaries and our supporters;
Who we share your personal information with
We do not sell or share personal details to third parties for the purposes of marketing.
But, if we run a promotion or campaign, it may require the service of a third party and then we might need to share your details with them. This would happen if your data was required to deliver the specific activity, for example we would share your data with an outsourced mailing house provider, in order for us to send you a fundraising appeal.
If we share your data with colleagues or program partners, including outside of the European Union, we will only do so if we are confident that they adhere to the same high standards that we do when processing data and protecting its privacy and security.
When we share your information with other organizations or data processors we don’t allow them to use your information for their own purposes and they have to follow our strict instructions whilst complying with appropriate security measures. We regularly assess their security measures and we continue to monitor their compliance throughout the time we use their services.
We may also share your data with law enforcement agencies, regulators, courts, public authorities or emergency services when required to do so.
Cookies And Other Similar Technologies
Cookies are small text files placed on your device which uniquely identify your device. Cookies cannot be used to run programs or deliver viruses to your device.
How Long We Keep Your Personal Information
The period for which we keep your information depends on the purpose for which your information was collected and the use.
We will not keep your personal information for longer than necessary for those purposes or for any other legal requirements. If you would like more details in relation to your personal data, please contact us.
We review all data retention periods every two years. Data collected for accounts purposes are kept for seven years plus an additional period of six months. You can request data we have on file to be forgotten.
Keeping your personal information up to date
We want to make sure that any personal information we hold about you is up to date. So if you think your personal information is inaccurate, you can ask us to correct or remove it at no charge to you.
This is called your right to rectification. Please contact us if you would like to change any information that we may hold on you.
If you do not want to receive information from us, or would only like to receive information about a certain aspect of what we do (e.g. events or emergencies) please get in touch with us and we will change your preferences.
How We Protect Your Personal Information
We maintain the highest standards of data privacy and security to protect your personal details and other information about you because we want you to feel completely confident about the communications you receive from us. We regularly review our processes and procedures to protect your information from unauthorized access and use, accidental loss and/or destruction.
How to Contact Us
Please contact: Robert Franssen, Director, Marketing by Design 1045 Oberland Drive, Midway, UT 84049
1.1 This disclaimer shall govern your use of our website.
2.1 This document was created using a template from SEQ Legal (https://seqlegal.com).
You must retain the above credit. Use of this document without the credit is an infringement of copyright. However, you can purchase from us an equivalent document that does not include the credit.
3. Copyright notice
3.1 Copyright (c) [year(s) of first publication] [full name].
3.2 Subject to the express provisions of this disclaimer:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
4. License to use website
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser; and
(c) print pages from our website,
subject to the other provisions of this disclaimer.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of this disclaimer, you must not download any material from our website or save any such material to your computer.
4.3 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.4 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
5. Acceptable use
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means[, except for the purpose of [search engine indexing];
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
6. Limited warranties
6.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
6.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
6.3 To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of this disclaimer, our website and the use of our website.
7. Limitations and exclusions of liability
7.1 Nothing in this disclaimer will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
7.2 The limitations and exclusions of liability set out in this Section 7 and elsewhere in this disclaimer:
(a) are subject to Section 7.1; and
(b) govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this disclaimer.
7.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
7.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
7.5 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
8.1 We may revise this disclaimer from time to time.
8.2 The revised disclaimer shall apply to the use of our website from the time of publication of the revised disclaimer on the website.
9.1 If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
9.2 If any unlawful and/or unenforceable provision of this disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
10. Law and jurisdiction
10.1 This disclaimer shall be governed by and construed in accordance with United States law.
10.2 Any disputes relating to this disclaimer shall be subject to the non-exclusive jurisdiction of the courts of United States.
11. Our details
12.1 This website is owned and operated by Marketing by Design.
12.2 Our principal place of business is at: 1045 Oberland Drive, Midway, UT 84049.
12.3 You can contact us:
(a) by US Mail or Delivery Service, to [the postal address given above];
(b) using our website contact form: https://www.mbd-agency.com/#contact-mbd
(c) [by telephone, on the contact number published on our website from 9am to 5pm MT]; or
(d) [by email, using [the email address published on our website].
Agency Terms And Conditions
Acceptance of quotation and payment of deposit will be taken as acceptance of the following terms and conditions. Please ensure you have read and fully understand what is written below. Please contact us if anything is not clear to you.
1) All costs provided exclude taxes where applicable and are valid for thirty days from the date of the quotation.
2) The costs provided when quoting are guide prices based upon what we anticipate the creative, time and production requirements to be based on previous experience and on typical processes, plus client co-operation in provision of content, meeting deadlines and approval. Within reason, additional charges may be payable if there are significant variations to this, although the client would be made aware of this well in advance. Charges are unlikely to deviate significantly from those quoted unless requirements change, however please allow a 10% contingency on price when considering your budget to allow for potential unanticipated requirements, additional development or ‘scope creep’. Please also note that late payment of invoices may result in additional charges being incurred.
3) No creative or development work will commence until the agency has received written approval of the quotation (by hand or by email) and a minimum deposit of 50% of the agreed costs (unless otherwise agreed in writing). This ensures that the agency is fully equipped to provide the very highest levels of service and expertise, from project inception through to completion. This also applies if a project is delivered in ‘stages’, whereby a deposit will be required before proceeding to each new stage.
4) Unless otherwise agreed in writing, the balance of payment will be due in full on project completion (e.g. on approval of logo, delivery of printed items, deployment of website, sending of e-shot etc): failure to make final payment at this point may result in delays in project delivery. All invoices must be settled in full prior to go live or final supply of assets and materials. Late payments may result in additional charges being made.
5) If a quotation has been provided where a job will be approached in ‘phases’, each stage will need to be paid in full on completion of each stage, before the agency is able to progress to the next phase. Where a job is being charged in stages (for example, an initial 50% deposit and two further payments of 25% each) the balance of payment may be charged in full either on completion of the project or over a number of further staged payments at the discretion of the agency.
6) If any project exceeds the estimated timeline agreed or extends beyond twelve weeks from approval of quotation (whichever occurs first), the agency reserves the right to invoice 25% of any outstanding balance, with the remaining 25% payable on completion. We reserve the right to invoice for completed work irrespective of content or final approval being provided by the client.
7) Any printing, fulfillment, mailing or third-party services that are provided by the agency will require a minimum up-front payment of 75% (possibly higher in relation to value) of the agreed cost (this figure will be at the discretion of the agency and may in some cases be as much as 100%). Please note that the agency will be unable to proceed to this stage without receipt of proof of this payment.
8) Unless otherwise stated above or previously agreed in writing, all invoices are due within seven days of any invoice date. Please note points number 3, 4, 5 and 7 above and how this could have an impact on time scales.
9) Unless otherwise agreed in writing, work will usually commence within ten working days of deposit receipt. Any anticipated completion date provided by the agency is subject to options chosen and client co-operation in provision of information, resource (logos, images etc) and approval. The agency will do its very best to ensure that agreed timelines are adhered to, but please be aware that circumstances, amends requested, or additional requirements may potentially result in delays. Time lines provided are estimated but the agency will not be held liable if the project over-runs due to delays caused by the client passing information or approval, or any third party issues or force majeure (acts of God).
10) Fees provided allow for presentation of a minimum of two creative options per brief for the client to choose from. In the unlikely event that the client is not satisfied with the first round of presented work, the agency will develop a further round of additional creative development and presentation. If after this third round there is still no agreement on direction, the agency reserves the right to potentially bring to an end any agreement with the client with no refund of deposit or payments made previously.
11) Costs provided allow for a maximum of three sets of client amends after which time additional charges may become payable, although the client would be made aware of this in advance.
12) At the end of each stage of the process (including – but not limited to – before sending an item to print or publishing a website etc) the client will need to ‘sign-off’ their approval either in person or by email. No further development can be undertaken until the agency is in receipt of written approval confirmation. Any amends to work after signed approved may incur additional charges for further time spent, although the client would be made aware of this in advance.
13) Fees provided allow for occasional meetings at key stages for a ‘reasonable’ length of time between the agency and client. Some meetings may incur additional charges for time spent, although the client would be made aware of this in advance.
14) Unless otherwise agreed in writing, projects are subject to a ‘standard disbursement charge’ to cover anticipated costs for in-house color printing, travel, postage etc.
15) Unless otherwise agreed in writing, our fees exclude: Taxes where applicable; stock library images, photography or video outside of our in-house resources; bespoke illustration; copywriting; website hosting or backups; translation services; travel and accommodation outside of London; talent (models and actors etc.); any third-party media, production, distribution, couriers, proofs, mock-ups, proof reading or printing that may be required; other third-party costs incurred (such as merchant bank and payment gateway charges) etc.
16) It is assumed that unless otherwise stated, most copy and images will be provided by the client, although the agency will contribute to this (through headlines, and top-line messages etc) as a natural part of the creative process. The agency is able to provide a full copywriting service or copy advice, as well as illustration and photography at an additional cost if required. Purchased royalty-free stock images from our standard sources (if required) will generally be priced at $50 + Taxes per image (dependent on source, image size and quality) to cover sourcing time and image costs. Specific image requirements not satisfied by our standard sources will be charged at cost + 15% + Taxes, with prior client notification.
17) The agency recommends that clients use our preferred suppliers for print and is able to provide competitive quotations to ensure high quality and service is maintained until delivery of the final product. We always seek a number of quotations from our trusted print suppliers and provide a complete management service: from print sourcing to print liaison to proof checking. Although clients are not contract-bound to use the agency to provide this service, it is highly recommended for quality control and peace of mind. If a client prefers to use their own print supplier, the agency will simply provide artwork directly to the client to manage and forward, and will be unable to monitor, advise or take any responsibility for the process or final output.
18) In addition to print suppliers, the agency works closely with other third-party partners and suppliers, including sign manufacturers and installers, photographers, illustrators, film makers, interior designers, external website developers and coders, and other relevant partners to provide an extensive high-quality service offering beyond immediate in-house capabilities.
19) Clients should be aware that due to a variety of factors there will often be variance in colors shown between in-house proofs, colors on screen, printer’s proofs, and final printed items. These factors are determined by the source of the print or visual (each output source e.g the agency printer, the client’s printer, the image setter, the monitor etc will differ from the other), the types of inks or make-up of colors (even Pantone colors can vary significantly and often surprisingly depending on what stock or substrate they are printed on), the type of print process (short-run digital, longer-run litho printing), the substrate (paper, card, plastic etc) used, individual preferences (ambient light, personal computer settings etc) and several other reasons. As a result of this the agency is unable to guarantee 100% consistency and accuracy of colour on all items and may not always be able to achieve the exact result expected by the client. In the case of printed items, the only true guide as to what is likely to be produced, is to request a ‘wet-proof’ on the actual intended substrate with the actual inks to be used, although this will incur additional cost. However as long as the client accepts there may be inconsistencies across work produced, this step may not be necessary. The agency does not accept any responsibility for colour variations as a result of these indeterminate factors.
20) Until payment is received in full, all designs, artwork and rights to design and artwork (whether in digital or printed format) remain the intellectual property of Marketing by Design. Full copyright and ownership of all ‘commissioned’ work will reside with Marketing by Design until full payment has been received, at which point the agency will surrender to the client, all claims of ownership and full copyright for final work produced (not including alternative designs, concepts, options, files, images or documents developed throughout the process). This agreement is subject to appropriate credit and acknowledgment appearing wherever possible and the agency’s right to use the work for self promotion in its portfolio, in presentations, in advertising, in print and online.
21) Marketing by Design will never knowingly infringe any copyright or trademark and will deliver, to the best of knowledge, creative solutions that are original and unique to the agency. Unless otherwise agreed in writing, it is the responsibility of the client to ensure that no copyright or trademark has been infringed and to make their own application for copyright or trademark with the appropriate entity if required.
22) If requested, the agency will (at its discretion) provide the client with end-artwork in its final form (e.g. print-ready PDF; DVD master; outlined EPS file etc). However the agency does not by default (and possibly without further charge) provide clients with original artwork or HTML code (for example an InDesign file, layered Photoshop file or HTML source file) or any ‘working’ or ‘development’ files, rejected concepts and designs, images or documents generated throughout the project. Ownership and copyright of all unused or rejected files, documents and designs will reside with Marketing by Design for non-exclusive future use.
23) The agency will not at any time or in any manner, either directly or indirectly, use for our personal benefit or divulge, disclose or communicate in any manner any information that is proprietary to the client. We will act reasonably to protect such information and treat it as strictly confidential.
24) The client agrees to indemnify Marketing by Design and keep the agency indemnified and hold the agency harmless from and against any claims, actions, proceedings, losses, liabilities, damages, costs, or expenses suffered or incurred in relation to work or services provided. The agency is not liable for any loss that may occur before, during or after the development of projects undertaken. The agency will not be held responsible for any delays, errors or losses arising from any third party.
25) The client agrees to alert the agency in writing to any defects or problems in relation to work and services provided, within 30 days of the final invoice date. The agency will not be liable for any claims made after this period.
26) For all web related projects, unless specifically stated, the client will retain 100% ownership of the web page design only (ownership is not applicable to proprietary software and programs or source code, such as databases, e-commerce and/or content management systems, web application source code or flash files/animations).
27) The agency offers a web hosting service to host the websites we have built for our clients. This is recommended in order to ensure ongoing quality of service and is a mandatory requirement for websites incorporating a content management system (CMS) or e-commerce system. Although the standard of our hosting packages are high, the agency is unable to guarantee 100% up-time (as no web host would) nor accept any responsibility for any error, omission or misrepresentation in relation to the websites hosted or for any loss, damage, cost or expense (whether direct, indirect, consequential or otherwise) suffered by any user of the websites hosted. The agency makes no warranties or representations of any kind that hosting will be uninterrupted, error-free or that the website or the server that hosts the website are free from viruses or other forms of harmful computer code. In no event shall the agency, its employees or agents be liable for any direct, indirect or consequential damages resulting from the hosting of websites on our servers. Separate terms and conditions apply for website hosting and these can be provided upon request.
28) Appropriate credit and acknowledgment for work produced by the agency should be attributed to Creative Clinic where possible (for instance written in small text on the back of a printed item or at the bottom of a website) and may be referenced for the agency’s promotional purposes unless otherwise (in exceptional circumstances) prearranged with the client.
29) These terms and conditions of business supersede any previous versions and apply to all present and future projects unless otherwise agreed in writing. Marketing by Design reserves the right to change or modify these terms at any stage with immediate effect. By agreeing to these terms, your statutory rights are not affected.