TERMS & CONDITIONS
PART 1 – 29studios Compliance with GDPR
PART 2 – Privacy Policy – updated
PART 3 – General Terms & Conditions update
Updated: 23/5/18
Any questions do not hesitate to reach out info@29studios.com
PART 1 29studios Compliance with GDPR
1. GDPR
As a Video Marketing Agency we take the security and privacy of your data very seriously and have taken all necessary steps to ensure we are compliant with our legal obligations under the Data Protection Act 2018 (the ‘2018 Act’) and the EU General Data Protection Regulation(‘GDPR’) in respect of data privacy and security. We will keep your personal data confidential and secure and protect it in accordance with the law and will only process your data for the lawful purpose for which it has been shared and in accordance with your instructions.
2. Third party providers
In providing Video Marketing Services to you, we will use third party service providers, which may include Social Media Platforms for clarity these are your accounts. The use of any of these services you give 29studios the permission to manage on your behalf. If you have chosen to utilise any of these services as part of our agency service then the accounts will be managed inline with the privacy policies of the social media platform owner in regards to GDPR.
Video platforms namely Wista.com, 29studios set you up within our agency account and provide a dedicated sub account for you. Wistia has published updated Privacy and GDPR compliance on their website.
https://wistia.com/support/account/gdpr
3. Email marketing
We have taken the decision to not reuse any databases for general marketing purposes beyond the GDPR deadline and all new data collection will commence from 25th May 2018 as subscribed opted in data lists.
If you wish to subscribe to our mailing list they you can do this on our website. Or follow us on any of our social channels as this is our main communication channels.
If you have provided email lists to 29studios for email marketing purposes then before any list would be executed you will need to warrant that you are providing clean GDPR compliance lists in which we will execute on your behalf via your email agent. 29studios will at no time ever use your data.
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PART 2 – Privacy Policy
Our full privacy policy is explained below, but the main points to note are:
We will only ever ask for what we really need to know.
We will collect and use the personal data that you share with us transparently, honestly and fairly.
We will always respect your choices around the data that you share with us and the communication channels that you ask us to use.
We will put appropriate security measures in place to protect the personal data that you share.
We will never sell your data.
Who are we?
We’re the 29studios, (Registered in Scotland SC358469 Vat Number 991 8394 63 29studios is committed to safeguarding your privacy. This Privacy Policy (“Policy”) sets out our data collection and processing practices and your options regarding how your personal information is used.
We may change this Policy from time to time so please check this page occasionally to ensure that you’re happy with any changes. By using our website, you’re agreeing to be bound by this Policy.
The provision of your personal data to us is voluntary. However, without providing us with your personal data, you may be unable to (as appropriate) take an action like submit an enquiry or apply for employment.
- How we use the information to help us run the company effectively:
We may use your information to:
process orders that you have submitted;
carry out our obligations arising from any transactions or sales contracts you have entered into by you and us;
notify you of changes to our organisation;
send you communications which you have requested and that may be of interest to you. (These may include information about the services you have enquired about or any of our other activities)
process a job application.
Make submissions to third parties sites on your behalf.
2. What information do we collect?
The type and amount of information we collect depends on why you are providing it.
We will usually ask you for your name, email address and information about your organisation, including name of organisation and region and telephone numbers.
However, we may request other information where it is appropriate and relevant, for example if we are processing an sales order. This additional information might include:
(1) Details of why you have decided to contact us, or
Your physical address
Your bank details
(2) information about your computer and about your visits to and use of this website including your IP address, geographical location, browser type, referral source, length of visit and number of page views;
(3) information about the services you use, services and products of interest to you or any marketing and/or communication preferences you give; and/or
(4) If you are a job applicant the information you are asked to provide is as set out in the application and necessary for the purposes of considering the application.
(5) any other information shared with us in relation to the different purposes set out at clause 1
Do we process sensitive personal information?
Applicable law recognises certain categories of personal information as sensitive and therefore requiring more protection, including health information, ethnicity and political opinions. In limited cases, we may collect sensitive personal data about you. We would only collect sensitive personal data if there is a clear reason for doing so; and will only do so with your explicit consent.
3. Communications and marketing
Where you have provided us with your physical address, we may contact you by post; and where you have provided appropriate consent, also by telephone and e-mail, with targeted communications to let you know about our events and/or activities that we consider may be of particular interest; about the work of the 29studios; and to ask for support.
4. Third-party
We may pass your information to our third-party service providers, agents subcontractors and other associated organisations for the purposes of completing tasks and providing services to you on our behalf.
These third parties have access to your Personal Information only to perform these specific tasks on our behalf and are obligated not to disclose or use it for any other purpose. Any Third-party will warrant that they comply with GDPR.
5. Children’s data
We do not knowingly process data of any person under the age of 16. We have on occasion worked with Children charities, in which we warrant any 29studios crew would be disclosure Scotland checked to appropriately work with children.
6. Other disclosures
We will disclose your Personal Information where required to do so by law or in accordance with an order of a court of competent jurisdiction, or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.
6.1 International Transfer
Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your country, country, state, province, or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. This is because we work with trusted suppliers.
For example our Video Platform provider Wistia.com, who are a US company.
If you are located outside the United Kingdom and choose to provide information to us, please note that we transfer the information, including Personal Information, to the United Kingdom and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
In the event that a dispute arises with regards to the international transfer of data, you agree that the courts of Scotland shall have exclusive jurisdiction over the matter.
7. Security of and access to your personal data
We endeavour to ensure that there are appropriate and proportionate technical and organisational measures to prevent the loss, destruction, misuse, alteration, unauthorised disclosure or of access to your personal information.
Your information is only accessible by appropriately trained staff, volunteers and contractors.
The security of your Personal Information 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 Information, we cannot guarantee its absolute security. As such we make no warranties as to the level of security afforded to your data, except that we will always act in accordance with the relevant UK and EU legislation.
Otherwise than as set out in this Privacy Policy, we will only ever share your data with your informed consent.
8. Cookies & Analytic tracking – Video Player
29studios has an agency account with Wistia.com If you have selected to use this service then Wistia has published GDPR compliance measures on their website.
Wistia is a US company that we operate our customers accounts on.
This is the Wistia privacy policy and GDPR.
https://wistia.com/support/account/gdpr
In simple terms: 29studios provide access to the Wistia services to enable video analytics to be gathered. This provided data from turnstile activity (where a users inserts their email address to play a video) This provided intel to the video owner of who is watching the video, the email, IP and location. If the visitor returns Wistia data is tracked to enable our customers to gain valuable insight into the performance of the videos and to enable the video owner to make decision in how to improve the video experience for their users.
9. Your rights and how consent works
You have a choice about whether or not you wish to receive information from us. If you do not want to receive communications from us and our exciting products and services, then you can select your choices by ticking the relevant boxes situated on the form on which we collect your information.
Where we rely on your consent to use your personal information, you have the right to withdraw that consent at any time. This includes the right to ask us to stop using your personal information for direct marketing purposes or to be unsubscribed from our email list at any time. You also have the following rights:
(1) Right to be informed – you have the right to be told how your personal information will be used. This Policy and other policies and statements used on our website and in our communications are intended to provide you with a clear and transparent description of how your personal information may be used.
(2) Right of access – you can write to us to ask for confirmation of what information we hold on you and to request a copy of that information. Provided we are satisfied that you are entitled to see the information requested and we have successfully confirmed your identity. As from 25 May 2018, we will have 30 days to comply.
(3) Right of erasure – as from 25 May 2018, you can ask us for your personal information to be deleted from our records. In many cases we would propose to suppress further communications with you, rather than delete it.
(4) Right of rectification – if you believe our records of your personal information are inaccurate, you have the right to ask for those records to be updated.
(5) Right to restrict processing – you have the right to ask for processing of your personal data to be restricted if there is disagreement about its accuracy or legitimate usage.
(6) Right to data portability – to the extent required by the General Data Protection Regulations (“GDPR”) where we are processing your personal information (i) under your consent, (ii) because such processing is necessary for the performance of a contract to which you are party or to take steps at your request prior to entering into a contact or (iii) by automated means, you may ask us to provide it to you – or another service provider – in a machine-readable format.
To exercise these rights, please send a description of the personal information in question in writing to our address below, or info@29studios.com
Where we consider that the information with which you have provided us does not enable us to identify the personal information in question, we may ask you for (i) personal identification and/or (ii) further information.
Please note that some of these rights only apply in limited circumstances. For more information, we suggest that you consult ICO guidance – https://ico.org.uk/for-organisations/guide-to-the-general-data-protectio…
You are further entitled to make a complaint about us or the way we have processed your data to the Information Commissioner’s Office (“ICO”). For further information on how to exercise this right, please see the guidance at https://ico.org.uk/for-the-public/personal-information. The contact details of the ICO can be found here: https://ico.org.uk/global/contact-us.
Lawful processing
We are required to have one or more lawful grounds to process your personal information. Only 4 of these are relevant to us:
(1) Consent
We will ask for your consent to use your information to send you electronic communications such as newsletters and marketing and fundraising emails, for targeted advertising, and if you ever share sensitive personal information with us.
If you enter you email into any video within our website you are giving us consent to monitor the analytics of the video. This will be shared with the owner of the Video you subscribed to and the data will fall under the privacy policy of the player. E.g Wistia.com
(2) Contractual relationships
Most of our interactions with subscribers and website users are voluntary and not contractual. However, sometimes it will be necessary to process personal information so that we can enter contractual relationships with people. For example, if you apply for employment or to volunteer with us.
(3) Legal obligations
Sometimes we will be obliged to process your personal information due to legal obligations which are binding on us. We will only ever do so when strictly necessary.
(4) Legitimate interests
Applicable law allows personal information to be collected and used if it is reasonably necessary for our legitimate activities (as long as its use is fair, balanced and does not unduly impact individuals’ rights).
We will rely on this ground to process your personal data when it is not practical or appropriate to ask for consent.
When we use your personal information, we will consider if it is fair and balanced to do so and if it is within your reasonable expectations. We will balance your rights and our legitimate interests to ensure that we use your personal information in ways that are not unduly intrusive or unfair in other ways.
Data retention
In general, unless still required in connection with the purpose(s) for which it was collected and/or is processed, we remove your personal information from our records five years after the date it was collected. However, if before that date (i) your personal information is no longer required in connection with such purpose(s), (ii) we are no longer lawfully entitled to process it or (iii) you ask us to delete it we will remove it from our records at the relevant time.
In the event that you ask us to stop sending you direct marketing/other electronic communications, we will keep your name on our internal suppression list to ensure that you are not contacted again.
We review our retention periods for personal information on a regular basis (see item 11 of this Privacy Statement). We are legally required to hold some types of information to fulfil our statutory obligations You can request to remove your personal information at any time by emailing info@29studios.com
Policy amendments
We keep this Privacy Policy under regular review and reserve the right to update from time-to-time by posting an updated version on our website, not least because of changes in applicable law. We recommend that you check this Privacy Policy occasionally to ensure you remain happy with it. We may also notify you of changes to our privacy policy by email.
Third party websites
We link our website directly to other sites. This Privacy Policy does not cover external websites and we are not responsible for the privacy practices or content of those sites. We encourage you to read the privacy policies of any external websites you visit via links on our website.
Updating information
You can check the personal data we hold about you, and ask us to update it where necessary, by emailing us at info@29studios.com
Contact
We are not required by law to have a “Data Protection Officer” – however we have a Data Protection Process where all data is kept secure at all times.
Please let us know if you have any queries or concerns whatsoever about the way in which your data is being processed by emailing us info@29studios.com
or by writing to us at the following address:
Data Protection Process Inquiry, 29studios, 84 Miller Street, Glasgow, G11DT.
PART 3 – General Terms & Conditions
1) Commitment
Fixed term projects are for the duration as outlined in your contract/letter of engagement. Retainer based projects are for a fixed duration that then run onto a rolling contract based on a monthly fee for time. If you want to stop at the end of the fixed term then you only need to give us 30 days notice in writing. We are confident you will love our service, however if you decide to cancel the service with us we will be sorry to see you leave.
2) Scheduling & Project Planning
A project plan will be put in place at the start of your project. Fixed term projects will be scheduled to a calendar and a project deadline will be agreed by both parties. Retainer based projects will be tracked against time used. Each component of your project will require a committed and agreed deadline. We will allocate resources to fulfill your contract within the time period. We need your co-operation to work within the agreed time schedule. This will be agreed at the planning stage, signed off by you and will form as part of our contract with you. Reviews of project status will be carried out periodically to ensure that our original agreed schedule is being maintained. No project can be left open ended without a deadline. If we experience continual delay from client end, delay that pushes the project beyond the expiry of the contract date, then we reserve the right to charge additional fees for the duration of the extension.
3) Deviation to contract
Any deviation that will impact on the deadline or change to deliverables as outlined in the contract will be raised immediately and you will be notified by email in order to re establish the schedule deadline and agree on the changed deliverables that will be included within the terms of your contract.
4) Content Creation
Content will be created in line with your project plan. We will create final the content for you, which you will be supplied in digital format. There will be various sign-off stages throughout creation of content on all contracts. You will be notified that you are at a sign-off point. We will accept a sign-off from any single authorized representative of your company. It is your responsibility to make sure that the appointed representative has the authority to sign-off the stages. The stages will be outlined at the planning stage. Once you have signed-off a stage, if for whatever reason you then choose to revisit the previous stage, a cost will be incurred based on our daily rate. Once the sign-off is received we will commence to the next stage. We will factor in 1 set of alterations to drafts for all types of creative content this includes; Strategy documents, scripts, film editing or graphics, any further alterations will incur additional cost.
5) Filming Cancellation
Cancellation to, or postponement of, filming dates is required no later than 48 hours in advance, filming cancelled or postponed with less than 48 hours will incur a cancellation fee to the value of 50% of the schedule activity.
6) Payment
Fixed term projects will be invoiced at the onset with specific dates that are fixed dates. Retainer Invoices will be sent to you monthly by email at the beginning of of each month with payment due within 7 days. All we ask is that payments are made on time and without delay. Any payments due as agreed on the contract cannot be withheld due to scheduling delays on your part as we will be making the resources available to service your account as per agreed schedules.
7) Distribution of content
If your service includes Distribution, we will, on your behalf, distribute your video content to the agreed sites as per your agreed project; we don’t make the rules on those sites so their rules apply. Any content distributed will remain distributed within the T&C of each 3rd party site. If you wish to deactivate any third-party account you will have the right and access to do so at anytime. We have no control over any content that is uploaded to any online platform once uploaded.
8 ) Analytics
If your service includes Analytics will set up analytics tracking on your video content, using the most appropriate analytics tool for your business. We will provide multi-analytics tools, depending on availability in the market. Changes in analytics provider may occur; in this event we will endeavor to provide an alternative solution. We will provide you with a login to the analytics dashboard to access and view your video performance. We will provide training allowing you to analyse your results. We advise you to keep copies of all Analytics data on your local drives as we are not responsible to store your ongoing analytic data.
9) Email
If your service includes email template design, we will set up an email account with template(s). We will give you access to upload your own database (you protect your own data, we will NEVER use your data). If you provide data to 29studios they you will warrant that the database is a trusted and GDPR compliant database. We can provide training on how to run and analyse email results.
10) Storage
We will provide you with your final movie to keep safe. We will distribute your movie on your behalf to online platforms (If you have distribution services with us in your contract). Once the final product has been delivered to you, we advice you to keep safe the files as we are not responsible to keep the final product. We do keep final content for up to 90 days, however, we are not responsible for content in the event of any technical failures.
11) Liability/Safety
We will not be responsible for any data loss due to third party or technical failures. We have public liability insurance for filming on location. Our film team will carry out any risk assessments when on location to make sure the production crew and equipment are safe and that they are no danger to others. In the event of a dangerous hazard the shoot will be rescheduled as safety is our priority. It is essential for you to provide at all times a safe environment for all crew to deliver the service, if not, a reschedule fee will be applied.
12) Data/Privacy
Any content or information you provide that is private will remain private, including passwords for third party sites. (e.g. twitter, or YouTube account). We will not be liable for any breach to your accounts on third party sites. Your email will be added to our mailing list to ensure we keep you updated on services within our companies.
13) Confidentiality & Ownership ©
We will keep any confidential information you provide confidential. Once the project is paid you will own the copyright of the final product. Any raw footage/stock footage we create and working files used in the creation of the content remain the property of 29studios/29steps. If raw content is requested this can be made available at a cost to be negotiated. Working files will never be release at anytime. Once the project is in Public Domain we reserve the right to promote any work we create.
14) Cancellation of service
30 days notice is required to terminate any contract. Should you choose to terminate a fixed term contract, then notice must be given 30 days prior to the end of the contract period. After the notice period we will cease any further distribution of content, and will deactivate your accounts from our system. We will not be responsible for keeping archives of your content.
Our telephone calls may be recorded for training and security purposes
29studios Ltd Registered in Scotland: SC358469 Vat number 991 8394 63 Registered address: 84 Miller Street, Merchant City, Glasgow, United Kingdom, G1 1DT, Tel: +44 (0) 141 226 4778 Email: info@29studios.com