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Terms & Conditions, Privacy Policy, Cookie Consent

Terms & Conditions and site use (last updated 26/2/18)

1. We are Evolution Design Limited and we own and operate this website (‘Site’).

2. Your use of the Site is subject to these Terms of Use. By using the Site, you will be deemed to have accepted and agreed to be bound by these Terms of Use. We may make changes to these Terms of Use as we see fit. We may not notify users of such changes but you can determine when we last changed these Terms of Use by referring to the ‘LAST UPDATED’ statement above. Your use of the Site following changes to these Terms of Use will constitute your acceptance of those changes.

3. You are responsible for all access to the Site using your Internet connection, even if the access is by another person.

4. We reserve the right to restrict your access to the Site or part of it. Access to restricted areas of the Site may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these Terms of Use).

5. We will use reasonable efforts to ensure that the Site is available at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free. In particular, the Site may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Site.

6. The intellectual property rights in the Site and all of the text, pictures, videos and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission.

7. We provide the Site on an ‘as is’ basis and make no representations as to the quality, completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law, we expressly exclude (a) all conditions, warranties and other terms that might otherwise be implied by law into these Terms of Use; and (b) any and all liability to you, whether arising under these Terms of Use or otherwise in connection with your use of the Site. The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded, nor in any way to exclude or limit (site owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

8. Your permission to use the Site is personal to you and non-transferable, and you may not use the Site for commercial purposes. Your use of the Site is conditional on your compliance with the rules of conduct set forth in these Terms of Use and you agree that you will not
(a) use the Site for any fraudulent or unlawful purpose;
(b) use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
(c) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make;
(d) interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;
(e) transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
(f) reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
(g) modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site. If you wish to reverse engineer any part of the Site to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;
(h) remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site;
(i) frame or mirror any part of the Site without our express prior written consent;
(j) create a database by systematically downloading and storing Site content;
(k)use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent

8.1 Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.

8.2 We reserve the right to revoke these exceptions either generally or in specific instances.

9. The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources is at your own risk.

10. We may block any links to or from the Site. Additionally, we may provide tools to allow you to link to the Site directly from a third party site; if you do link to the Site (whether using such tools or otherwise), you agree that you will disable and remove any such link promptly upon our request.

11. We may collect and use information about you in accordance with our privacy policy. You can view a copy of this policy by clicking “Privacy Policy”

12. These Terms of Use are effective until terminated. We may, at any time and for any reason, terminate your access to or use of the Site. If we terminate your access to the Site you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Site.

13. These Terms of Use will be governed by and construed in accordance with the laws of Scotland, and the courts of Scotland will have non-exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms of Use.

Privacy policy

Last updated: February 2018

Evolution Design Ltd is an independent graphic and website design agency based in Edinburgh, United Kingdom, registered in Scotland, Registered No SC195695.

We take data protection very seriously and understand the importance of protecting your privacy and Personal Information. ‘Personal Information’ is information that identifies you as an individual such as your name, date of birth, email address, CV and IP address.

We will ensure that the information you submit to us via our website, by email or through our office is used only for the purposes set out in this policy.

How do we collect information from you?

We collect and use your Personal Information in accordance with this, our Privacy Policy.

The majority of the Personal Information you provide to us freely when you contact us requesting that we submit a price for a project. All that information is treated as confidential and we are always happy to sign a NDA (non-disclosure agreement) at any time. We do store information in our archives which are never shared, but if you feel that you want any old information of costs, proposals, e-mail exchanges to be deleted we will comply on request. We also have an electronic newsletter which is hosted by and sent out by MailChimp, subject to their own T&C’s aimed to comply to all local and international regulations and laws. We ensure that all members of our mailing list are subscribed in, and on every e-mail there are numerous unsubscribe links.

When e-mailing us please do not submit such Personal Information to us if you do not wish us to collect it.

Personal Information we collect about you may include the following

  • General identification and contact information: your name, address, email, telephone details and company worked for.

What legal basis do we rely on to process your Personal Information?

  • Consent
    Evolution Design Ltd processes your data with your consent for contact purposes only. You have the right to withdraw consent at any time.  Where consent is the only legal basis for processing, we will cease to process data after consent is withdrawn.
  • The processing is necessary to fulfil a contract
    Evolution Design Ltd may process your data when we need to do this to contact you.
  • Legitimate interest
    Evolution Design Ltd also processes your data when it is in our legitimate interests to do this and when these interests are not overridden by your data protection rights. Our legitimate interests include: contacting you about our design services.
  • The processing is necessary because of a legal obligation that applies
    Evolution Design Ltd may process your data to comply with our legal and regulatory obligations, e.g. preventing, investigating and detecting crime, fraud or anti-social behaviour and prosecuting offenders, including working with law enforcement agencies.

Who do we share your Personal Information with?

Evolution Design Ltd may make Personal Information available to:

  • No one
    In the course of our business to help you search for a suitable position, Evolution Design Ltd will never share your personal data with any other client or suppliers/contractor other than to place your contact details onto your website on your behalf and with your approval. We also may publish your details on our website Testimonials page and may use within marketing e-mails and proposals. We will make this clear when we seek a testimonial from clients and these can be changed or remove upon request by you at any time.
  • Our service providers
    As above but in addition include MailChimp as a third-party vendor who do store your name, e-mail address and company name only. They do not ever share or sell on this data.
  • Governmental authorities and third parties involved in court action
    Without your consent, Evolution Design Ltd will not share Personal Information with governmental or other public authorities (including, but not limited to, workers’ compensation boards, courts, law enforcement, tax authorities and criminal investigation agencies); and third-party civil legal process participants and their accountants, auditors, lawyers and other advisors and representatives as we believe to be necessary or appropriate to:

(a)    comply with applicable law, including laws outside your country of residence,

(b)    comply with legal process,

(c)    respond to requests from public and government authorities including public and government authorities outside your country of residence,

(d)    enforce our terms and conditions,

(e)    protect our rights, privacy, safety or property, and that of you or others, and

(f)     allow us to pursue available remedies or limit our damages.

  • Other third parties
    Occasionally we may share Personal Information with other third parties. We will always do this under contract and in accordance with your instructions.

How we use your Personal Information

Evolution Design Ltd may use your Personal Information as follows:

  • To fulfil contractual obligations with our clients who may be your employer.
  • To trusted third parties where we have retained them to provide services that you or our clients have requested, such as professional credit reference firms. These third parties comply with similar undertakings of privacy and confidentiality as Evolution Design Services Ltd.
  • Our website may also use a website recording service which can record mouse clicks, mouse movements, page scrolling and any text keyed into website forms. Data collected by this service is used to improve our website usability. The information collected is stored and is used for aggregated and statistical reporting, and is not shared with anybody else.

Your rights

Under UK Data Protection Act 1998, the General Data Protection Regulations 2018 and any subsequent privacy legislation which may apply, you have rights as an individual which you can exercise in relation to the information we hold about you:

  • The right to be informed how your personal data will be stored and used.
  • The right to access your personal data.
  • The right to rectification. You have the right to have personal data modified or updated if it is inaccurate or incomplete.
  • The right to erase. You may request that all your data is deleted together with that held by third party suppliers. To permanently delete your personal data, send an email to our Data Protection Officer (DPO) (see below) with the subject line “Permanently delete my information and account”.
  • The right to restrict processing. You have the right to block or suppress processing of your personal data.
  • The right to data portability, which allows you to obtain and reuse your personal data for your own purposes across different services. It allows you to move, copy or transfer your personal data easily from one IT environment to another in a safe and secure way, without hindrance to usability.
  • The right to object to processing of your data based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling); processing for direct marketing purposes; and processing for purposes of scientific/historical research and statistics.
  • Rights in relation to automated decision making and profiling, ie to not be subject to a decision based solely on automated processing, including profiling.

How long we store your Personal Information for

Evolution Design Ltd will keep your data for the soonest of:

  • One year from the date of contact, before it is archived;

or

  • You request that all your data is deleted.

 Who to contact about your Personal Information

The Data Controller responsible for your information is Evolution Design Ltd.

If you have any questions about this policy or our use of your Personal Information you can email our Data Protection Officer or write to the Data Protection Officer, Evolution Design Ltd, Printhouse 6, 75 Logie Green Road, Edinburgh EH7 4HF.

If you do not think we are handling your Personal Information adequately, you have the right to lodge a complaint with the Information Commissioner’s Office.  Further information, including contact details, are available at https://ico.org.uk.

Changes to Privacy Policy
We review this Privacy Policy regularly and reserve the right to make changes at any time to take account of changes in our business and legal requirements. We will place updates on our website.
Please take a look at the “LAST UPDATED” date at the top of this Privacy Policy to see when it was last revised.

Cookie Consent

This site uses cookies – small text files that are placed on your machine to help the site provide a better user experience. In general, cookies are used to retain user preferences, store information for things like websites, and provide anonymised tracking data to third party applications like Google Analytics. As a rule, cookies will make your browsing experience better. However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser or taking a look at the About Cookies website (http://www.aboutcookies.org) which offers guidance for all modern browsers.