The Legal Stuff
We at 25/7 Design Studio excel in delivering professional and versatile educational and design services, and we do so by keeping your preferences always as a priority. To ensure you that your privacy is kept by us with the same level of diligence, we would like to guide you through our privacy standard in the next few pages.
1) 25/7 Design Studio is committed to process personal information in an honest, ethical way, with integrity, and always consistent to our values—as well as to applicable laws and regulations.
2) We ensure that everything we do with your personal data, how we collect, process and store them, we keep a transparent and easy-to-digest description.
3) You should never feel at a loss—we will respond to any and all queries, and you can always execute your privacy rights in a consistent manner.
WHO IS 25/7
25/7 is Ferenc Zsolnai trading as 25/7 Design Studio, registered at 0/1, 119 Bowman Street, G42 8LE Glasgow, United Kingdom, with Unique Taxpayer Reference 12582 7 1664. We control your personal data that you have provided us via different channels, first of all to be able to contact you for any business-related matter, and to be able to proceed with billing activities.
• We: means 25/7 Design Studio;
• Personal data: any information (digital or physical form) that can be used to identify a single, natural, living person;
• 3rd party: anyone who is not you or us.
YOUR PERSONAL DATA’S LIFECYCLE
PERSONAL INFORMATION THAT WE PROCESS
How we collect personal data
• zsolnai.myportfolio.com, where www.zsolnai.net is being redirected to (for example, for the contact form);
• www.257designstudio.com/contact/ (contact form);
• www.facebook.com/257ds (if you click on the “send email” button);
• www.facebook.com/groups/graphicdesignersand3dartists when you share your information via communication through this Facebook Group.
• Via emails sent to and from:
• Via Skype (if you contact us at the username: twentyfive-seven).
• Facebook Messenger: in case you wish to contact us via Facebook (Feri Zsolnai, or 25/7 Design Studio).
• Contracts: once a contract has been outlined, we will request you to fill out the necessary sections so that we can seal the deal.
WHAT TYPE OF DATA WE COLLECT
In order for us to do business, we will need to process some of your information. These are mainly contact details and information that is needed to fulfill contracts. For a full list, feel free to get in touch with us, but to give you some of the highlights:
• Verification details:
• Name (first name, last name);
• Email address;
• Phone number;
• Postal address;
• Tax ID number;
• VAT ID number.
• Financial details (strictly confidential, and we only process it for billing):
• Bank account number;
• Invoices and payment history.
• Details related to our education programme:
• Homework data;
• Exam records (in case we conduct an exam during the session).
• Biometric identifiers
• Public portrait photo (in case you consent to highlight your testimonial on our webpage);
• Video recordings via Skype (strictly based on consent, and details of processing are always covered in the details of contracts).
• Intellectual Property (IP) data: in case you wish to work with us and provide any sort of material that is your IP, or holds personal connection to you.
BASIS ON WHICH WE PROCESS YOUR DATA
Before we do anything with your data, we also have to clarify on what grounds we process your information:
• Contractual obligation: to ensure that we fulfill requirements of a contract, we will need to process your data.
• Legal obligation: laws and regulations sometimes demand us to process data. To give an example, for taxing purposes, we might need to provide your invoices to the tax authority.
• Legitimate interest: if there is no obligation to process your data, but in order to fulfil your, our or a 3rd party’s wishes, we sometimes process personal data, because we would like to. An example for this is when we conduct an exam and review your homeworks.
• Consent: in some cases, we will process data with your consent. This means that before doing anything with your information, we will let you know exactly how we want to use it and then ask you to agree to it. Because you are free to agree to disagree at any given time, you can also easily revoke your consent by simply writing us to firstname.lastname@example.org.
HOW DO WE PROCESS YOUR DATA
Just so that you also understand how we use your personal data, please see below how we use them:
• We handle your contact details to be able to reach you for business-related matters;
• We process your financial data so that we can conduct invoicing, contractual and financial activities; ultimately to be able to comply with legal obligations;
• We review the material that you provide to fulfill our commitment for education;
• We review the material that you send us to be able to fulfill our contractual obligation to provide services;
• We collect your public photo for testimonials; don’t worry, we only do this if we first got your consent;
• We might use your contact details to send you promotions, offers and other self-marketing material; doing so we are always adhering to the rules of the Directive 2002/58/EC (ePrivacy Directive of privacy and electronic communications), or we ask for your consent in advance;
• Important note: Cookies might be used to provide us with analytics on the frequency of the page being visited; rest assured, all of this is strictly anonymous.
SHARING YOUR PERSONAL DATA
Because we cannot do everything by ourselves, we also work together with others (3rd parties). They help us to conduct our business and to ensure that you get what you paid for. This, however, cannot happen if we do not share at least some of your data with them.
• The list of 3rd parties who receive your data:
• Ordeconta GmBH: an accountant firm based in Berlin, Germany;
• Berlin-Lex: a lawfirm based in Berlin, Germany;
• The list of 3rd parties who are not processing your data, but the information is store on their systems:
WHERE WE PROCESS YOUR DATA
Processing within the EU & UK
As we are based in Glasgow, UK, we process your data locally, and do not have other offices in other countries. This, however, does not mean that your data can’t be stored in other locations. To give you a list of where your data might be stored:
• UK: data is stored locally on our computers;
• Germany: as stated above in the 3rd parties’ section, data might be shared to Germany;
• Hungary: our e-mail service and server provider is Intrex Zrt., with servers based in Budapest, Hungary.
Processing outside of the EEA
• Most of our cloud-based storage and backup systems are running on services by American providers, and as stated above, their main servers are located in the U.S.A. We make sure that data is kept secure in transit and at the location of storage, and all our overseas suppliers are EU-US and Swiss-US Privacy Shield certified.
All things must come to an end. In a healthy environment, personal data should be only processed and stored until there is a legal basis for the processing. Once not used, we will do our best to remove the data to the maximum extent.
Due to legal requirements, we will store your financial data for a minimum of 6 years for taxing purposes.
Contact details will be stored and processed for 6 years, upon which they will be archived (not used, but still stored).
IP-related data will be stored again for 6 years, and will be archived after that. We will require to withhold the data for historical review perspective and to ensure that our future portfolio can be kept up-to-date.
If you wish to specify that you want to delete any of the information before the specified retention deadline, feel free to get in touch with us.
As per stated by the European Union’s General Data Protection Regulation (GDPR), you are entitled at all times to be aware of how your data is processed, and you should also be able to have a saying in that. You are entitled for the following rights under the regulation:
• Right to access: want a copy of the personal information we hold on you? Let us know.
• Right to correct or update: you have changed your preferences / name / gender / pet’s name? Get in touch so that we can rectify the information.
• Right to object: you have the right to object to the processing of your data, if we are relying on the legal basis: legitimate interest. In such cases, we will stop processing your private data.
• Right to restrict usage: You feel we are using too much information? You can specify which data we should stop using for any purposes.
• Right to deletion and to be forgotten: Do you want us to delete all data about you? Give us a ring and we will delete all information we hold. Please note that if we have a legal obligation to do so, we might be required to further process information kept about you.
• Right to portability: You have found a different studio and want to use their services? You can always ask us to compile your personal data in an easily understandable format (such as .csv) and send it to the new provider.
If you wish to exercise your rights, please get in touch with us at email@example.com.
If you wish to further raise concerns, you can get in touch with the Information Commissioner’s Office (ICO) in Scotland through the following means:
• Webpage: https://ico.org.uk/
• Address: Information Commissioner’s Office, 45 Melville Street, EH3 7HL, Edinburgh, United Kingdom
• Phone: +44 (0)3031 231115
• Fax: +44 (0)1625 524510
• Email: firstname.lastname@example.org
We kindly ask you to first contact us before inquiring at ICO, so that we can provide you with the requested rectifications.
TERMS AND CONDITIONS OF BUSINESS
For starters, we’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. The following terms and conditions refer to 25/7 Design Studio and its relationship with its clients and potential clients.
WHAT DO BOTH PARTIES AGREE TO DO?
YOU AS OUR CUSTOMER
will give us the assets and information we tell you we need to complete your project. You’ll do this when we ask and provide it in the formats we need.
You’ll review our work, provide feedback and approval in a timely manner, too (usually within 2 calendar days, unless otherwise specified). Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of your contract.
YOU AS OUR CLIENT IN DESIGN COUNSELLING
will give us all the information necessary to objectively analyse your project. If needed, you will provide a non-disclosure agreement, too, and at least 2 working days before our (first) meeting.
YOU AS OUR STUDENT
will show up at your appointments on time, and agree that in case you must cancel an appointment, you have to write it in email, 24 hours before the appointment (unless of course, there is a medical emergency). Failing to do so will mark the appointment as fulfilled, in other words, you’ll lose a lesson.
You’ll do your homework assignments and make them available the day before your next appointment in our server where your personal folder lives. This is important because often the next lesson is based on your homework.
We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.
GETTING DOWN TO THE NITTY GRITTY
We create professional and deliberate designs. Our processes are iterative. We record the evolution of each project so it is possible to go back to an earlier concept and take a different direction from there. When presenting our work, we may use mock-ups to indicate a creative direction or intended usage (colour, texture and typography.)
You’ll have plenty of opportunities to review our work and provide feedback. We’ll regularly keep in touch. If, at any stage, you’re not happy with the direction our work is taking, you’ll notify us in writing about your decision of cancelling the contract. We’ll then give each other 2 working days to finish the ongoing processes (or for you to change your mind), then you’ll pay us in full for everything we’ve produced until that point and cancel this contract. In case the advance payment (of 50% of the preliminary estimate) exceeds the final sum, 25/7 Design Studio will pay back accordingly.
GRAPHICS AND VISUAL ELEMENTS
You should supply graphic files in an editable, vector digital format. You should supply photographs (and bitmaps) in a high resolution digital format. We will always tell you the minimum parameters the project needs.
If you choose to buy stock photographs, we can suggest stock libraries and help with the process. If you’d like us to search for photographs for you, we can provide a separate estimate for that. We can provide a number of typefaces, and we can also help you purchasing a license for fonts you’d like to use.
Unless agreed separately, we’re not responsible for
• creating original content for your project;
• inputting text or images into your content management system;
• creating every page on your website.
We work with professional 3rd party copywriting and editing partners, so if you’d like us to create new content or input for you, we can provide a separate estimate for that.
If your project requires original photographs, we can arrange the photoshoot with our photographer partners.
Code and script
If your website or app requires advanced coding or scripting, we can arrange that with 3rd party partners, or we can collaborate with your providers.
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
Desktop browser testing
We test our work in current versions of major desktop browsers (Apple Safari, Google Chrome, Microsoft Edge, and Mozilla Firefox). We won’t test in other or older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
Mobile browser testing
Testing using popular mobile devices is essential in ensuring that a person’s experience of a de-sign is appropriate to the capabilities of the device they’re using. We test our designs on iOS & Android. We won’t test on other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate for that.
We’re not a website hosting company so we don’t offer support for website hosting, email or other services relating to hosting. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, we can set up an account for you at one of our preferred hosting providers. We can set up your site on a server, plus any statistics software such as Google Analytics and we can provide a separate estimate for that. Then, the updates to, and management of that server will be up to you.
SEARCH ENGINE OPTIMISATION (SEO)
We don’t guarantee improvements to your website’s search engine ranking, but the web pages that we develop are accessible to search engines. For personalised and professional SEO services we can arrange a 3rd party provider, or collaborate with yours.
FIXES, REVISIONS, AND CHANGES
The mistakes we are responsible for are fixed as soon as possible, free of charge throughout the duration of the project. If they are discovered after the project has ended, they are fixed at our hourly rate. Please make sure to check what you pay for before the end of the project.
Revisions, or the mistakes you are responsible for (i.e. during providing content) are charged at our hourly rate.
Changes in content, design, production may be charged at our hourly rate, or based on a separate estimate, depending on the volume and our discretion.
THE CONTENT ON OUR SERVER, INSIDE YOUR PERSONAL FOLDER is yours, and 25/7 Design Studio may not keep it on its server or store a backup copy of it after you’ve finished your course.
THE CONTENT ON OUR SERVER, OUTSIDE YOUR PERSONAL FOLDER
does not belong to you. You are free to browse and read it, but you are not allowed to create copies, and alter or delete files.
THE REALLY LEGAL STUFF
We are not robots, so we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. Finally, if any provision of the contract you signed shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
COPYRIGHTS AND OWNERSHIP
First, you guarantee that all elements of text, images or other audio-visual artwork (including fonts) you provide are either owned by your good selves, or that you have written permission to use them.
Graphic design, webdesign, 3D artwork, and 3D (pre)visualisation
We will license the complete design to you, exclusively and in perpetuity for this project only. It means, that you are permitted to use it in printed or digital form, but not permitted to alter, derive new material from, or resell it. 25/7 Design Studio will keep (and archive) all the working files. If you want to have these files, they might be made available for you to buy, together with the right to derive further elements based on the current material (please ask for a quote), but that is a separate case, and it’s definitely not included in this contract. Since copyright cannot be sold, we keep that as well.
Typography, Retouching, and Prepress
Since no new material is being created in cases like these, the working files remain property of the copyright holder. It means, that if you provided the working files with an existing layout, we will return the updated files to you. If the layout is our creation and you did not buy the working files, we will keep (and archive) the updated files. In this case, you will be provided with the output files.
3D asset creation for real-time usage
We will license the complete design to you, exclusively and in perpetuity for this project only. It means, that you are permitted to use it in 3D printed or digital form and you are also permitted to alter or derive new material from it, but not permitted to resell it. 25/7 Design Studio will archive all the working files. In case the original design is created by us, we will keep the copyright.
The video recordings of your lessons
The video recordings of your lessons belong to 25/7 Design Studio, but you can keep your copy of them, strictly for personal use. Please note, that distributing all or parts of these recordings in any form, for money or for free is forbidden, as it would be copyright infringement, which is strictly forbidden by law. Please keep this in mind and do not share your videos.
We retain the right to use them in whole or in parts for marketing/educational purposes in the future, without notifying you about it.
DISPLAYING OUR WORK
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books, unless a separate, signed non-disclosure agreement states it differently (for a limited period of time).
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the payment schedule written in your contract.
We usually leave 3 working days for payment, as stated on your invoice, as we are sure you wouldn’t order anything you have no money to pay for.
Projects that cost less than £ 300,00 are to be invoiced and paid in a single transfer, in advance. We will start the work when the money has arrived.
Paid in two installments
Big projects that take less than 2 months to complete are to be paid in two transfers. The first invoice states 50% of the preliminary estimate, and is to be paid in advance. You will receive this invoice when the contract has been signed. We will start the work when the money has arrived.
The second invoice containing the remaining 50% of the preliminary estimate plus the occasional additional fees is issued when the project is finished.
Paid in multiple installments
Projects that take more than 2 months to complete (usually long courses) can be paid in multiple transfers, depending on how we put the deal in the contract.
We issue invoices electronically. Our payment terms are 3 working days from the date of invoice. You may pay via regular bank transfer or Transferwise. All proposals are quoted in GBP and payments will be made at the equivalent conversion rate at the date the transfer is made.
You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on our electronic invoice. We reserve the right to charge interest on all overdue debts at the rate of 2% per day, excluding weekends and bank holidays.
BUT WHERE’S ALL THE HORRIBLE SMALL PRINT?
Just like a parking ticket, you can’t transfer your contract or our work to anyone else without our written permission. If for some reason one part of your contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this is a legal document under exclusive jurisdiction of UK courts.