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TERMS & CONDITIONS

General Data Protection Regulation (GDPR) Privacy Policy

Effective Date: 1st of September 2023

1. Introduction

ProvocaChic Studios Branding Agency ("ProvocaChic Studios," "we," "us," or "our") is committed to safeguarding the privacy and data protection rights of our clients, including those visiting our website. This General Data Protection Regulation (GDPR) Privacy Policy outlines our compliance with the GDPR and our practices regarding the collection, processing, and protection of personal data.

2. Data Controller

ProvocaChic Studios acts as the data controller for the personal data we collect and process in accordance with this policy.

3. Information We Collect

We collect and process personal data for legitimate purposes related to providing branding services. The types of personal data we may collect include:

  • Contact Information: Names, email addresses, phone numbers, and mailing addresses.

  • Client Communication: Correspondence and communications between clients and ProvocaChic Studios.

  • Usage Data: Information about how clients use our website, including IP addresses, browser type, and access times.

  • Google Analytics: We use Google Analytics to collect and analyze website usage data, including page views, clicks, and other usage information. Google Analytics may collect information through cookies and similar technologies. For more information about Google Analytics and how it collects and processes data, please refer to Google's Privacy Policy.

  • Other Information: Any other information that clients voluntarily provide to us.

4. Legal Basis for Processing

We process personal data based on one or more of the following legal bases:

  • Contractual Necessity: Processing is necessary for the performance of a contract with the client or to take steps at the client's request before entering into a contract.

  • Legitimate Interests: Processing is necessary for our legitimate interests or those of third parties, such as providing and improving our services.

  • Consent: We obtain consent for processing personal data in specific situations, and clients have the right to withdraw consent at any time.

5. How We Use Your Data

We use the personal data collected for the following purposes:

  • To provide and maintain our branding services.

  • To communicate with clients regarding our services.

  • To analyze website usage and improve our website's functionality and user experience.

  • To comply with legal obligations.

  • To protect our rights and interests.

6. Data Transfers

We may transfer personal data to third parties or service providers, including those located outside the European Economic Area (EEA), when necessary for the purposes outlined in this policy. We ensure that such transfers comply with GDPR requirements by implementing appropriate safeguards, such as Standard Contractual Clauses.

7. Data Security

We implement appropriate technical and organizational measures to protect personal data from unauthorized access, disclosure, alteration, and destruction. However, no method of data transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.

8. Data Subject Rights

Under the GDPR, individuals have certain rights regarding their personal data, including:

  • Right of Access: The right to obtain confirmation of whether we process personal data and, if so, access to that data.

  • Right to Rectification: The right to request the correction of inaccurate personal data.

  • Right to Erasure: The right to request the deletion of personal data under certain circumstances.

  • Right to Restriction of Processing: The right to request the limitation of processing under certain circumstances.

  • Right to Data Portability: The right to receive personal data in a structured, commonly used, and machine-readable format.

  • Right to Object: The right to object to the processing of personal data based on legitimate interests or for direct marketing purposes.

  • Right to Withdraw Consent: If processing is based on consent, the right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.

9. Contact Us

If you have any questions, concerns, or requests regarding this GDPR Privacy Policy or the processing of your personal data, please contact us at:

ProvocaChic Studios Branding Agency contact@ProvocaChic-Studios.com.

10. Changes to this Privacy Policy

We may update this GDPR Privacy Policy to reflect changes in our practices or for other operational, legal, or regulatory reasons. The updated policy will be posted on our website, and the effective date will be revised accordingly. We encourage individuals to review this GDPR Privacy Policy periodically.

By using our website and services, you consent to the practices described in this GDPR Privacy Policy.

Last Updated: 25th of September 2023

Terms and Conditions

1. The Parties Involved and Digital Signature

This contract ("Agreement") is entered into between:

Hereinafter referred to as "ProvocaChic Studios" or "we."

And

  • The Client

Hereinafter referred to as the "Client."

This Agreement is not signed personally but rather accepted by the Client by using the website and clicking "I accept the Terms and Conditions." As such, ProvocaChic Studios may not possess explicit information about each individual Client.

2. Scope of Work

The scope of work, encompassing specific services offered by ProvocaChic Studios in the areas of Visual Arts (Photography and Videography), Graphic Design (Corporate Identities, Logo, Business Cards, and Product Design), and Digital (Web Design), will be meticulously defined in separate agreements or statements of work. The Client and ProvocaChic Studios mutually agree that all work undertaken will be explicitly specified in these documents.

3. Payment

Payment terms, comprising deposit requirements and payment milestones, will be extensively outlined in separate agreements or statements of work tailored to each specific project. General payment milestones include:

  • A 25% project fee deposit due before commencement of work for Visual Arts and Graphic Design.

  • A 50% deposit requirement if Web Design is included.

  • Full payment is mandatory upon project completion.

4. Enquiries and Cooperation Termination

All initial enquiries and discussions are commitment-free for both parties. In the event that either ProvocaChic Studios or the Client identifies issues within the collaboration, either party reserves the right to terminate the cooperation without obligation. In the case of termination initiated by either party:

  • If ProvocaChic Studios initiates termination and no work has been performed, a full refund of any paid deposit or fees will be issued to the Client.

  • If ProvocaChic Studios initiates termination after work has commenced, a refund will be calculated based on the work completed up to that point.

  • If the Client initiates termination, a refund will be calculated based on the work completed up to that point.

5. Feedback, Revisions, and Approvals

ProvocaChic Studios is dedicated to providing feedback and revisions until the Client is content with the final deliverables, as stipulated in the separate agreement or statement of work.

6. Termination of Contract

In the event of contract termination:

  • Both parties maintain the right to terminate the contract if either is unable to complete the work or if either party wishes to halt work after project commencement.

  • ProvocaChic Studios reserves the right to terminate the contract if the Client fails to submit payments at the agreed-upon milestones.

7. Privacy and Confidentiality

ProvocaChic Studios commits to safeguarding the confidentiality of all Client information and proprietary data, which includes trade secrets. Simultaneously, the Client is obligated to protect ProvocaChic Studios' trade secrets and confidential information.

8. Ownership and Work for Hire

The Client assumes ownership of the work, including complete source code for the site. ProvocaChic Studios may request that the Client include a copyright notice on their site or a "Designed by" credit with a link to the ProvocaChic Studios website for potential customer referrals. Additionally, ProvocaChic Studios may request permission in the contract to showcase the site in its portfolio, but only with explicit confirmation from the Client and limited to photography, videography, web design, and graphic design examples.

9. Warranties

ProvocaChic Studios offers a warranty that any malfunction in the project, attributed to the programming or design of the work, within a period of three to four months after delivery, will be rectified and supported free of cost. However, the Client acknowledges responsibility for the security and maintenance of their website once delivered. Any damage or issues arising from incidents beyond the scope of ProvocaChic Studios' services, such as hacking or malware, will be the responsibility of the Client to address and repair.

10. Intellectual Rights

The entire content of the Platform, including the texts, graphics, logos, buttons, images, code, database, and icons, is the intellectual property of ProvocaChic Studios and is protected by intellectual property rights, such as copyrights and the rights of the producer of a database.

The design of the platform (plan, choice, and arrangement of the sections, organization of the data, ...) is protected by the legal policy with regard to copyright. ProvocaChic Studios prohibits the reuse of the entire content of the platform or of a qualitative or quantitative part thereof. The Belgian law of 31 August 1998 on the legal protection of databases (transposition of European Directive No. 96/9/EC) stipulates that infringement of these rights is subject to penalties ranging up to a fine of €500,000 and, in case of repetition, up to 2 years in prison.

With this document, ProvocaChic Studios grants the user of the Platform a non-exclusive, non-transferable, and revocable license at any time without reason to access, display, and download the content on a computer for the sole purpose of consulting this content. The user may also print a copy of the content displayed on the Platform for personal use only, provided that they do not modify the content of the Platform in any way and that they retain all attributions of authorship and origin of the platform. Reproduction is, therefore, only permitted for personal use and as a personal copy within the meaning of the copyright law.

Should you have any further questions or require additional revisions, please feel free to ask.

11. Legal Jurisdiction

In the event of legal disputes or problems, the legal district of Antwerp will be utilized for resolution.

12. Digital Signature

This contract is digitally accepted by the Client by agreeing to the terms and conditions and using the website

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