Privacy Policy | emmajaynecreative

1. Introduction

1.1 Emma jayne creative is committed to safeguarding the privacy of our website visitors and service users.

1.2 This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.

1.3 We will ask you to consent to our use of cookies in accordance with the terms of this policy when you first visit our website.

2. Credit

2.1 This document was created using a template from SEQ Legal https://seqlegal.com

3. How we use your personal data

3.1 In this Section 3 we have set out:

(a) the general categories of personal data that we may process;

(b) in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;

(d) the legal bases of the processing.

3.2 We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is Google Analytics. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.

3.3 We may process your account data ("account data"). The account data may include your name, address, telephone number and email address. The source of the account data is you. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is consent or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

3.4 We may process your personal data that are provided in the course of the use of our services ("service data"). The service data may include your name, address, telephone number, email address and employment details. The source of the service data is you. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is consent or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

3.5 We may process information that you post for publication on our website or through our services ("publication data"). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

3.6 We may process information contained in any enquiry you submit to us regarding goods and/or services ("enquiry data"). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is your legitimate interests, namely the request for service information and communication and our legitimate interests, namely our interest in the proper administration of our website and business.

3.7 We may process information relating to our customer relationships, including customer contact information ("customer relationship data"). The customer relationship data may include your name, your employer, your job title or role, your contact details, and information contained in communications between us and you or your employer. The source of the customer relationship data is you or your employer. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is our legitimate interests, namely the proper management of our customer relationships.

3.8 We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website ("transaction data"). The transaction data may include your contact details, and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website and business.

3.9 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent.

3.10 We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.

3.11 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

3.12 We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

3.13 In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

3.14 Please do not supply any other person's personal data to us, unless we prompt you to do so.

4. Providing your personal data to others

4.1 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4.2 We may disclose service data and transaction data to our suppliers or subcontractors insofar as reasonably necessary for delivering your printed products.

4.3 Financial transactions relating to our website and services may be handled by our payment services providers, PayPal. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers' privacy policies and practices at https://www.paypal.com/en/webapps/mpp/ua/privacy-full

4.4 We may disclose your enquiry data to one or more selected third party suppliers of goods and services for the purpose of enabling them to contact you so that they can offer, market and sell to you relevant goods and/or services. Each such third party will act as a data controller in relation to the enquiry data that we supply to it; and upon contacting you, each such third party will supply to you a copy of its own privacy policy, which will govern that third party's use of your personal data.

4.5 In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

5. International transfers of your personal data

5.1 In this Section 5, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).

5.2 We have offices in the United Kingdom. The European Commission has made an "adequacy decision" with respect to the data protection laws of The UK.

5.3 Our website host, Wix.com Ltd. is based in Israel, which is considered by the European Commission to be offering an adequate level of protection for the personal information of EU Member State residents. Wix Visitors’, Wix Users’ and Users-of-Users’ Personal Information may be maintained, processed and stored by Wix and their authorized affiliates and service providers in the United States of America, in Europe (including in Lithuania, Germany and the Ukraine), in Israel, and in other jurisdictions as necessary for the proper delivery of services and/or as may be required by law

Wix affiliates and service providers that store or process your Personal Information on Wix’s behalf are each committed to keep it protected and secured, in accordance with industry standards and regardless of any lesser legal requirements which may apply in their jurisdiction.

5.4 Our Facebook website is situated in the US. The European Commission has made an "adequacy decision" with respect to the data protection laws of the US. Transfers to the US will be protected by appropriate safeguards, namely The EU-U.S. and Swiss-U.S. Privacy Shield Frameworks.

A copy of Facebook's privacy policy can be found here: https://www.facebook.com/privacy/policy/?entry_point=data_policy_redirect&entry=0

5.5 Our email service provider is situated in the US. The European Commission has made an "adequacy decision" with respect to the data protection laws of the US. Transfers to the US will be protected by appropriate safeguards, namely The EU-U.S. and Swiss-U.S. Privacy Shield Frameworks.

A copy of our email service provider's privicy policy can be found here: https://policies.oath.com/us/en/oath/privacy/index.html

5.6 Our CRM system is Zoho, with data servers based in the EU (Amsterdam and Dublin). A full copy of Zoho's privacy policy can be found here: https://www.zoho.com/privacy.html

Some data is held on our previous CRM system, Bitrix24. In most of the cases Data obtained via Bitrix24.eu, Bitrix24.de, Bitrix.it, Bitrix24.pl and Bitrix24.fr domain zones is processed by BITRIX24 LIMITED registered on Republic of Cyprus inside the European Union Economic Area and hosted inside the European Union in Frankfurt, Germany by Amazon Web Services data centers, which are fully GDPR compliant. For more information about data processing activities related to Customers registered through the domain names Bitrix24.com, Bitrix24.in, Bitrix24.tr, Bitrix24.cn, please contact our helpdesk services for more information for data processing locations https://helpdesk.bitrix24.com/ticket.php Bitrix24 may process Customer Personal Data in the United States of America and in Russian Federation subject to appropriate safeguards under article 46 GDPR

EU-US, Swiss-US and UK-US Privacy Shield Compliance Bitrix24 complies with the EU-U.S. Privacy Shield Framework, UK-U.S. and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. The Company has certified that it adheres to the Privacy Shield Principles of notice, choice, accountability for onward transfer, security, data integrity, limitation of purpose, access, and recourse, enforcement and liability. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.

A full copy of Bitrix24's privacy policy can be found here: https://www.bitrix24.com/upload/DPA/BitrixDPA.pdf

5.7 Our cloud backups are based at Microsoft and Google in the US. The European Commission has made an "adequacy decision" with respect to the data protection laws of the US. Transfers to the US will be protected by appropriate safeguards, namely The EU-U.S. and Swiss-U.S. Privacy Shield Frameworks.

Microsoft complies with the EU-U.S., UK Extension to the EU-U.S., and Swiss-U.S. Data Privacy Frameworks. To learn more, see the Where we store and process personal data section, and visit the U.S. Department of Commerce’s Data Privacy Framework website. The full Google Privacy Policy can be found here: https://policies.google.com/privacy

6. Retaining and deleting personal data

6.1 This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

6.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

6.3 We will retain your personal data as follows:

(a) Usage data will be retained for a maximum period of 1 year following consent.

(b) Account data will be retained for a period of 7 years following purchase.

(d) Publication data will be retained for a minimum period of 3 years following consent until you withdraw consent.

(e) Enquiry data will be retained for a maximum period of 1 year following consent.

(f) Customer relationship data will be retained for a minimum period of 1 year following contact and a maximum of 7 years following purchase.

(g) Transaction data will be retained for a period of 7 years following purchase.

(h) Notification data will be retained for a minimum period of 1 year following consent until you withdraw consent.

(i) Correspondence data will be retained for a minimum period of 1 year following contact, and for a maximum period of 7 years following purchase.

6.4 In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:

(a) the period of retention of personal data will be determined based on legal or necessary business requirements.

6.5 Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

7. Amendments

7.1 We may update this policy from time to time by publishing a new version on our website.

7.2 You should check this page occasionally to ensure you are happy with any changes to this policy.

7.3 We may notify you of changes to this policy by email.

8. Your rights

8.1 In this Section 8, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

8.2 Your principal rights under data protection law are:

(a) the right to access;

(b) the right to rectification;

(d) the right to restrict processing;

(e) the right to object to processing;

(f) the right to data portability;

(g) the right to complain to a supervisory authority; and

(h) the right to withdraw consent.

8.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data.

8.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

8.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.

8.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

8.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

8.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

8.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

8.10 To the extent that the legal basis for our processing of your personal data is:

(a) consent; or

(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

8.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

8.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

8.13 You may exercise any of your rights in relation to your personal data by written notice to us, in addition to the other methods specified in this Section 8.

9. About cookies

9.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

9.2 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

9.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

10. Cookies that we use

10.1 We use cookies for the following purposes:

(a) authentication - we use cookies to identify you when you visit our website and as you navigate our website.

(b) status - we use cookies to help us to determine if you are logged into our website.

(d) security - we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally

(e) advertising - we use cookies to help us to display advertisements that will be relevant to you.

(f) analysis - we use cookies [to help us to analyse the use and performance of our website and services.

(g) cookie consent - we use cookies to store your preferences in relation to the use of cookies more generally.

11. Cookies used by our service providers

11.1 Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

11.2 We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google's privacy policy is available at: https://www.google.com/policies/privacy/.

11.3 We use Wix to host our website. This service uses cookies for security and monitoring user experience. You can view the privacy policy of this service provider at https://www.wix.com/about/privacy. The relevant cookies can be found at: https://support.wix.com/en/article/cookies-and-your-wix-site

12. Managing cookies

12.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);

(b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);

(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);

(e) https://support.apple.com/en-gb/guide/safari/sfri11471/mac (Safari); and

(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

12.2 Blocking all cookies will have a negative impact upon the usability of many websites.

12.3 If you block cookies, you will not be able to use all the features on our website.

13. Our details

13.1 This website is owned and operated by Emma Venables, owner of Emma jayne creative.

13.2 Our principal place of business is at 30 Nithsdale Road, Weston-super-Mare BS23 4JR

13.3 You can contact us:

(a) by post, to the postal address given above;

(b) using our website contact form;

(d) by email, using the email address published on our website from time to time.

14. Data protection officer

14.1 Our data protection officer's contact details are: Emma Venables at the contact details given above.

Terms & Conditions of Trading

1 Services provided

1.1 You are of the opinion that I have the necessary qualifications, experience and abilities to provide services to You. I am agreeable to providing such services to You on the terms and conditions set out in this agreement. You hereby agree to engage Me to provide you with graphic design services consisting of creating electronic files, hereinafter referred to as “the Services”.

2 Term of Agreement

2.1 The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement.

2.2 The terms and conditions of this Agreement will stay in place for any further services agreed between You and Me and agreed via email (save that further consideration may be required to be paid from You to Me). However these terms and conditions may be varied or amended for any future services, but only by written agreement signed by both You and Me.

2.3 In the event that either Party wishes to terminate this Agreement prior to the completion of the Services, 10 days written notice will be required and You will be required to pay in full for the time spent working until up to the date of termination.

2.4 Neither party can transfer this Agreement to anyone else without the other’s written permission.

2.5 A person who is not a Party to this Agreement shall have no right to enforce any of its provisions. This clause does not affect any right or remedy of any person which exists or is available apart from the Contracts (Rights of Third Parties) Act 1999 and does not apply to the Crown.

2.6 The failure of either Party to insist upon strict performance of any provision of this Agreement, or the failure of either Party to exercise, or any delay in exercising, any right or remedy shall not constitute a waiver of that right or remedy and shall not cause a diminution of the obligations established by this Agreement.

2.7 This Agreement constitutes the entire agreement between the Parties in respect of the matters dealt with therein. This Agreement supersedes all prior negotiations between the Parties and all representations and undertaking made by one Party to the other, whether written or oral, except that this clause shall not exclude liability in respect of any Fraud or fraudulent misrepresentation.

3 Scope of Work and Revisions

3.1 The Services provided under this Agreement will include the creation and delivery of the items listed in 1.1 as agreed.

3.2 Deliverables will be provided in the following formats: High resolution PDF(s).

3.3 A fair use policy applies to all projects: The fee quoted includes up to 5 rounds of revisions. Revisions are defined as changes to the design work requested by You after initial drafts have been submitted. I reserve the right to apply additional charges where more than 5 rounds of amends are required by You. This will always be discussed with You beforehand. Any revisions beyond 5 rounds will incur an additional fee of £50 per round, unless otherwise agreed in writing.

4 Payment

4.1 My fee for the initial services is as per detailed in the invoice prior to starting.

4.2 You will be invoiced as follows: 

• 50% deposit prior to work commencing 

• 50% balance payable upon approval of final artwork, prior to final print files being released to either You or a third party printer.

4.3 For Services that total £50 and under, full payment is required prior to work commencing.

4.4 All monetary amounts referred to are in GBP. You agree to pay all charges associated with international transfer of funds.

4.5 Invoices are submitted electronically and are due within 7 days of submission by BACS.

4.6 Any late payments will trigger a fee of 8.00% per month on the amount still owing.

4.7 If You wish to challenge all or part of any invoice issued by Me, you must set out the issue(s) in dispute, a brief chronological account of how that issue(s) have come about and your reasonable proposals for how this can be resolved prior to payment falling due. In the event that you do raise a challenge against all or part of any invoice, 50% of the value of the Invoice in question shall be immediately payable to Me pending the resolution of the issue(s). Failure to make such payment shall amount to a breach of contract, and I will be entitled to commence recovery action for the full sum invoiced, immediately and without further recourse to recover the full sums owed plus an 8% penalty per month from the date payment was due.

4.8 I reserve the right to consider a project inactive and bill for work completed after four weeks of client unresponsiveness.

5 Approval Milestones and Timeline

5.1 You agree to review and approve deliverables at specific project milestones, including but not limited to:

• Concept / draft design approval: Providing initial feedback / amends within 7 days of receipt. 

• Subsequent drafts after providing further amends: Providing any further amends or approval within 3 days of receipt.

Once a new draft / round of amends has been sent, any subsequent changes to that stage will be treated as a new round of revisions and may incur additional charges.

5.2 Where deadlines are critical, it is the client’s responsibility to inform Me prior to commencing a project, and project timelines will be advised at this stage. Delays in providing feedback or approvals beyond 7 days may result in timeline adjustments which I cannot be made responsible for.

5.3 Projects put on client hold for more than four weeks will be considered inactive and billed for work completed.

6 Intellectual Property

6.1 “Intellectual property rights” includes but is not limited to; all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

6.2 You guarantee that all elements of text, images or other artwork provided to Me are either owned by You, or You have permission to use them. When You provide text, images or other artwork to Me, You Indemnify Me from any claim by a third party relating to any text, images, or artwork provided by You to Me. I guarantee that all elements of the work delivered are either owned by Me or permission has been obtained to provide them.

6.3 Upon payment of the balance of any and all monies owed by You to Me, the Intellectual property rights and final print-ready PDF files, and/or other files as individually agreed in writing, designed under this Agreement, plus the visual elements created exclusively for it, that we possess, will pass from Me to You, subject to our retaining a licence to display all aspects of creative work online or in printed format unless agreed beforehand. You own all intellectual property rights of text, images and data you provided, unless someone else owns them.

6.4 I will retain ownership of any intellectual property rights developed prior to, developed separately, or not developed exclusively for or in connection with this project and not paid for by You. A licence to use Source files can be purchased from Me for an agreed separate cost, otherwise editable working documents are not included in the fees stated in section 4.

7 Capacity / Independent Contractor

7.1 In providing the Services under this Agreement it is expressly agreed that I am acting as an Independent contractor and not as an employee. We acknowledge that this Agreement does not create a partnership or joint venture between You and Me, and is exclusively a contract for service.

8 Liability

8.1 I undertake to use reasonable skill and care in the provision of the Services, in the provision of services in connection with this Agreement and in adhering to the terms of this Agreement.

8.2 I will carry out work in accordance with the reasonable skill and care of a suitable qualified and skilled designer. However, it cannot be guaranteed that work will be error-free. It is Your responsibility to proof read and check all documents prior to signing off and approving for print. Client approval will acknowledge acceptance of these terms.

8.3 Nothing in this Agreement shall impose any liability on Me in respect of any liability incurred by You to any other person but this shall not be taken to exclude or limit any liability of Agreement to You that may arise by virtue of any negligence on My part.

8.4 I will only be liable for reasonable, reasonably foreseeable losses, damages, costs or expenses arising directly from breach of contract, breach of duty or negligence in connection with the Services. I shall not be liable in any circumstances for any liquidated damages, lost profits, lost savings or other incidental, consequential or special damages, even if the You have advised Me of them.

8.5 My total liability whether in contract or in tort, in negligence, for breach of statutory duty or otherwise in respect of any claim or series of claims shall not exceed the sum recoverable by Me from insurers under professional indemnity insurance then in force at the time that the claim or circumstance is reported to the insurers in question.

8.6 The total liability of any party under this contract shall be limited to that which is just fair and equitable for them to bear.

9 Termination

9.1 I reserve the right to terminate the Agreement with immediate effect if:

• You fail to meet payment obligations as outlined in this Agreement. 

• You breach any terms of this Agreement, including failure to provide necessary materials or timely approvals.

Upon termination, You will not have the right to use any incomplete work, drafts, or concepts provided by Me unless specifically agreed in writing.

10 Confidentiality

10.1 “Confidential Information” means any information which has been designated as confidential by either Party in writing or that ought to be considered as confidential including information the disclosure of which would, or would be likely to, prejudice the commercial interests of any person, trade secrets, Intellectual Property Rights and know-how of either Party and all personal data and sensitive personal data within the meaning of the GDPR. Confidential Information shall not include information which:

(a) was public knowledge at the time of disclosure (otherwise than by breach of clause 10 (Confidential Information);
(b) was in the possession of the receiving Party, without restriction as to its disclosure, before receiving it from the disclosing Party;
(c) is received from a third party without restriction as to its disclosure: or
(d) is independently developed without access to any Confidential Information

10.2 Except to the extent set out in this clause or where disclosure is expressly permitted elsewhere in this Agreement, each Party shall:

(a) treat the other party's Confidential Information as confidential and safeguard it accordingly; and
(b) not disclose the other party's Confidential Information to any other person without the owner's prior written consent

10.3 Clause 10.2 shall not apply to the extent that Law requires such disclosure by the party making the disclosure.

11 GDPR

11.1 “GDPR” means the General Data Protection Regulations 2018 and any subordinate or replacement legislation from time in place to time together with any guidance and/or codes of practice issued by the Information Commissioner or relevant government department or other official body in relation to such legislation. "Data Controller" shall have the meaning given in the General Data Protection Regulations 2018.

11.2 "Data Processor" shall have the meaning given in the GDPR.

11.3 "Personal Data" shall have the meaning set under the GDPR

11.4 Both Parties shall comply with their respective obligations under the GDPR in the performance of the Contract.

11.5 Where we act as a Data Processor under GDPR, for the You, We shall act in accordance with Your instructions. We shall take reasonable organisational, technical and security measures to protect personal data against unauthorised or unlawful data processing.

12 Severability

12.1 If for some reason one part of this Agreement becomes invalid or unenforceable, the remaining parts of it remain in place and continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

13 Force Majeure

13.1 Neither You or I shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire industrial dispute or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of You or The Designer. Where production schedules are not adhered to by You, final delivery date or dates will be adjusted accordingly.

14 Governing Law

14.1 This Agreement will be governed by and construed in accordance with the laws of England.
A copy of My privacy policy can be seen on our website at www.emmajaynecreative.co.uk.