Terms - Privacy Policy - Disclaimer

This website https://eyowa.design (the ‘Site’) and the available services are part of Eyowa – CoCreative Design (‘Company’, ‘we’, ‘our’, ‘us’). We are providing graphic design, web design, and digital coaching services. The company is founded and directed by Irma Lamberts and is registered as Eyowa in Groningen, The Netherlands, Chamber of Commerce number 80426158, Tax number NL0064213023.

We recommend you visit this page regularly to take notice of updates in these legal writings.

The information stated in the Terms of Service, Privacy Policy and Disclaimer below has been last updated on April 21, 2021.

Terms of Service

1. DEFINITIONS

Agreement means the Project Agreement, Terms and Conditions and any other attached documents.

Project means the scope and purpose of the Client’s identified usage of the work product as described in the Project Proposal.

Services means all services and the work product to be provided to Client by Designer as described and otherwise further defined in the Project Agreement.

Final Deliverables means the final versions of Deliverables provided by Designer and accepted by Client.

Deliverables means the services and work product specified in the Project Agreement to be

Client Content means all materials, writing, images, or other creative content provided by Client used in preparing or creating the Deliverables.

Third-Party Materials means proprietary third-party materials which are incorporated into the Final Deliverables, including without limitation stock photography or illustration.

Designer Tools means all design tools developed and/or used by Designer in performing the Services, including pre-existing and newly developed software including source code, Web authoring tools, type fonts, and application tools, together with any other software, or other inventions whether or not patentable, and general non-copyrightable concepts such as website design, architecture, lay-out, navigational and functional elements.

2. DESIGNER SERVICES

Designer shall perform the services listed the Project Agreement.

3. PROPOSAL

The terms of the Project Agreement expire 10 days after being submitted to Client. If this Agreement expires, Designer may modify the Agreement and resubmit it to Client.

4. COMPENSATION

4.1 Client agrees to pay Designer the fees listed in the Project Agreement, including all taxes.

4.1 Additional Costs: Pricing in the Project Agreement includes only Designer fees. Any other costs, such as hosting, art licensing or photography, will be paid directly by Client to the third party.

4.2 Hosting Final Deliverables: Client will host the Final Deliverables on their own web domain while the Project is under construction. Designer does not offer hosting service or web domains. Designer does not offer technical support concerning domains and webhosting. Webhosting company of clients choosing can be addresses for any and all problems related to the Webhost.

5. PAYMENT

5.1 Payment Schedule: Payment plan is agreed upon in the Project Agreement.

5.2 Invoices: All invoices are payable within 14 days of receipt.

6. LATE PAYMENT

6.1 Collection Expenses: Client shall pay all collection or legal fees caused by late payments.

6.2 Withholding Delivery: Designer may withhold delivery and transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full.

6.3 Withholding License: All grants of any license to use or transfer ownership of any intellectual property rights under this Agreement are conditioned on full payment, including all outstanding Fees, or any other charges.

7. CHANGES TO PROJECT AGREEMENT

7.1 Change Request: If Client wants to change the Project Agreement after acceptance of this Agreement, Client shall send Designer a written Change Order describing the requested changes in detail. Within 10 of receiving a Change Order, Designer will respond with a statement proposing designers’ availability, additional fees, changes to delivery dates, and any modification to the Terms and Conditions. Designer will evaluate each Change Order at its standard rate and charges.

7.2 Major Change: If Client requests are at or near 50 percent of the time required to produce Deliverables, or the value of the Services detailed in the Project Agreement, Designer shall be entitled to submit a new and separate Proposal to Client for written approval. Designer shall not begin work on the revised services until he receives a fully signed revised proposal and any additional fees.

7.3 Minor Change: If Client requests are not Major Changes, Client will be billed on a time and materials basis at Designers hourly rate of 50 Euros per hour. Such charges shall be in addition to all other amounts payable under this Agreement, despite any maximum budget, contract price or final price identified. Designer may extend or modify any delivery schedule or deadlines in the Agreement as may be required by such changes.

7.4 Acceptance/Rejection: Client will have 10 days to respond in writing accepting or rejecting the new proposal. If Client rejects the proposal, Designer will not be obligated to perform any services beyond those in the original Project Agreement.

8. DELAYS

8.1 Designer Delays: Designer shall use all reasonable efforts to meet the plans stated in the Project Agreement. Designer may extend the due date for any Deliverable by giving written notice to Client. The total of all extensions shall not exceed 30 days.

8.2 Client Delays: Client shall use all reasonable efforts to provide needed information, materials and approvals. Any delay by Client will result in a day-for-day extension of the due date for all Deliverables.

8.3 General Delays: Any delay caused be conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of agreement, power failure, fire, flood, acts of God, labor disputes, riots, acts of war, terrorism and epidemics.

9. EVALUATION AND ACCEPTANCE

9.1 Testing: Designer will test and correct Deliverables using commercially reasonable efforts before providing Deliverables to Client.

9.2 Approval Periods: Client shall, within 30 business days after receiving each Deliverable, notify Designer in writing of any failure to comply with the specification of the Project Agreement or of any other objections, corrections or changes required. Designer shall, within 30 business days of receiving Clients notification, correct and submit a revised Deliverable to Client. Client shall, within 10 business days of receiving a revised Deliverable, either approve the corrected version or make further changes. If after 3 corrections by Designer, Client finds the Deliverables are not acceptable, Client may terminate this agreement subject to the termination clauses of this Agreement. If Client fails to provide approval or comments during any approval period, those Deliverables will be considered approved and accepted. All objections, corrections and changes shall be subject to the terms and conditions of this Agreement.

10. CLIENT RESPONSIBILITIES

Client acknowledges that it is responsible for performing the following in a reasonable and timely manner:

(a) Provide Client Content in a form suitable for use in the Deliverables without further preparation by Designer, unless otherwise specified in the Project Agreement;

(b) Proofread all Deliverables. Client will be charged for correcting errors after the acceptance of any Deliverable;

11. ACCREDITATION AND PROMOTION

11.1 Accreditation: Designer shall be entitled to place accreditation, as a hyperlink or otherwise, in the form, size, and location as incorporated by Designer in the Deliverables on each page of the Final Deliverables.

11.2 Promotion: Designer retains the right to reproduce, publish, and display the Deliverables in Designer’s portfolios and websites, in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses.

11.3 Promotional Approval: Either party, subject to the other’s reasonable approval, may describe its role in the Project on its website and in other promotional and marketing materials, and, if not expressly objected to, include a link to the other party’s website.

12. CONFIDENTIAL INFORMATION

Client’s ‘Confidential Information’ includes information that Designer should reasonably believe to be confidential. Designer’s ‘Confidential Information’ includes the source code of any Designer Tools. All material considered confidential by either party shall be designated as confidential. Confidential Information shall not be disclosed to third parties and shall only be used as needed to perform the Project Agreement.

Confidential Information shall not include any information that is already known by the recipient, becomes publicly known through no fault of the recipient, or is received from a third party without a restriction on disclosure.

13. RELATIONSHIP OF THE PARTIES

13.1 Independent Contractor: Designer is an independent contractor. Designer shall determine, in its sole discretion, the manner and means by which the Services are accomplished. No agency, partnership, joint venture, or employee-employer relationship is intended or created by the Project Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in the Project Agreement. Designer and the work product or Deliverables prepared by Designer shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by the Project Agreement.

13.2 Design Agents. Designer shall be allowed to use third party’s as independent contractors in connection with the Services (‘Design Agents’). Designer shall remain fully responsible for Design Agents’ compliance with the Project Agreement.

13.3 No Exclusivity. This Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by Designer, and Designer shall be entitled to offer and provide design and coaching services to others, solicit other clients and otherwise advertise the services offered by Designer.

14. REPRESENTATIONS AND WARRANTIES

14.1 By Client. Client represents and warrants to Designer that:

(a) To the best of Client’s knowledge, use of the Client Content does not infringe the rights of any third party;

(b) Client shall comply with the terms and conditions of any licensing agreements which govern the use of Third Party Materials;

(c) Client will obtain all necessary and appropriate rights and licenses to grant license to Designer to use Third Party Materials.

14.2 By Designer: Designer represents and warranty to Client that:

(a) Designer will provide the Services identified in the Agreement in a professional and workmanlike manner;

(b) Designer shall secure all necessary rights, title, and interest in and to the Final Deliverables, including Designer Tools, sufficient for Designer to grant the intellectual property rights provided in this Agreement;

(d) If Client or third parties modify the Deliverables or use the Deliverables outside of the scope or purpose of this Agreement, all representations and warranties of Designer shall be void.

EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS AGREEMENT, DESIGNER MAKES NO WARRANTIES WHATSOEVER. DESIGNER EXPLICITLY DISCLAIMS ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH LAWS OR GOVERNMENT RULES OR REGULATIONS APPLICABLE TO THE PROJECT.

15. INDEMNIFICATION AND LIABILITY

15.1 By Client: Client shall indemnify Designer from any and all damages, liabilities, costs, losses, expenses or attorney fees arising out of any claim, demand, or action by a third party arising out of any breach of Client’s responsibilities or obligations, representations or warranties under this Agreement. Designer shall promptly notify Client in writing of any third-party claim or suit. Client shall have the right to fully control the defense and any settlement of such claim or suit.

15.2 By Designer: In the case of a third-party lawsuit or proceeding based on a claim that Deliverables breach the third party’s intellectual property rights, and it is determined that such infringement has occurred, Designer may at its own expense, replace any infringing content with non-infringing content.

16. LIMITATION OF LIABILITY

THE SERVICES AND THE WORK PRODUCT OF DESIGNER ARE SOLD ‘AS IS’ IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF DESIGNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES (‘DESIGNER PARTIES’), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF DESIGNER. IN NO EVENT SHALL DESIGNER BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY DESIGNER, EVEN IF DESIGNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

17. TERM AND TERMINATION

17.1 Term: This agreement shall begin when both parties sign and shall continue until all Services are complete and delivered, or until the Agreement is Terminated.

17.2 Termination for Cause: Either party may terminate this agreement at any time, on 10 days prior written notice if the other party breaches any of its material responsibilities or obligations under this Agreement and fails to cure that breach during that 10-day period.

17.3 Termination for Insolvency: Either party may terminate this agreement at any time, on written notice to the other party, if the other party ceases to conduct business in its normal course; makes an assignment for the benefit of creditors; is liquidated or otherwise dissolved; becomes insolvent; files a petition in bankruptcy; or a receiver, trustee, or custodian is appointed for it.

17.4 Termination by Mutual Agreement: This agreement may be terminated by the mutual agreement of the parties.

17.5 Termination for Convenience: Either party may terminate this agreement at any time and for any reason on 10 days prior written notice to the other party. If Client terminates the Agreement under this section, Designer shall, at Clients reasonable discretion, complete any work assigned or scheduled during the notice period in accordance with the terms and conditions of this Agreement.

17.6 Termination Fees: In the event of termination, Client shall pay Designer for the Services performed through the date of termination in the amount of a prorated portion of the fees due. Client shall pay all Fees, and Additional Costs incurred through the date of termination.

17.7 Intellectual Property: If Client terminates and on full payment of compensation, Designer grants Client right and title as provided by this Agreement with respect to those Deliverables provided and accepted by Client as of the date of termination.

17.8 Confidential Information: On expiration or termination of this Agreement:

(a) each party shall return or, at the disclosing party’s request, destroy the Confidential Information of the other party, and

(b) all rights and obligations regarding Confidential Information shall survive.

18. RIGHTS TO FINAL ART

License: Designer grants to Client a non-exclusive, perpetual and worldwide license to use and display the Final Deliverables in accordance with this Agreement.

19. RIGHTS TO DELIVERABLES OTHER THAN FINAL ART

19.1 Client Content: Client Content is the exclusive property of the Client. Client grants Designer a non-exclusive, non-transferable license to use, reproduce, modify, display, and publish the Client Content solely in connection with Designer’s performance of the Services and limited promotional uses of the Deliverables as authorized in this Agreement.

19.2 Designer Tools. All Designer Tools are and shall remain the exclusive property of Designer. Designer grants Client a non-exclusive, non-transferable, perpetual, worldwide license to use the Designer Tools solely to the extent necessary with the Final Deliverables for the Project.

20. SUPPORT SERVICES

20.1 Warranty Period. During the first 2 months following expiration of this Agreement, Designer shall provide up to 3 hours of Support Services at no additional cost to Client. Support Services means commercially reasonable technical support and assistance to maintain and update the Deliverables, including correcting any errors or Deficiencies. Requests for additional support will be billed on a time and materials basis at Designers standard hourly rate of 50 Euros per hour.

20.2 Maintenance Period. After the Warranty Period expires and at Client’s option, Designer will provide Support Services for the following 6 months for Designer’s hourly fees of 50 Euros per hour.

20.3 No Enhancements: The services in the Warranty Period and the Maintenance Period do not include enhancements to the Project or other services outside the scope of the Project Agreement.

21. ENHANCEMENTS

During the Maintenance Period, Client may request that Designer develop enhancements to the Deliverables. Designer shall exercise commercially reasonable efforts to prioritize Designer’s resources to create such enhancements. Client understands Designer may have pre-existing obligations that may delay requested enhancements. Designer shall provide any enhancements shall be provided on a time and materials basis at Designers standard hourly rate of 50 Euros per hour.

22. DISPUTE RESOLUTION

22.1 Negotiation: Parties agree to attempt to resolve any dispute by negotiation between the parties.

22.2 Arbitration/Mediation: If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties.

22.3 Litigation: In all other circumstances, the parties specifically consent to the local, state and federal courts located in Groningen, The Netherlands. The parties waive any jurisdictional or venue defenses available to them and further consent to service of process by mail.

22.4 Attorney Fees: The prevailing party shall be entitled to recover its attorneys’ fees and costs in any dispute resolved by binding arbitration or litigation.

23. GENERAL

23.1 Modification/Waiver: Modifications to the Project Agreement must be in writing and signed by both parties. Failure by either party to enforce any right or seek to remedy any breach under this Agreement shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach.

23.2 All notices under this Agreement shall be given in writing by Email, with return confirmation of receipt; Notice will be effective on confirmation of receipt.

23.3 No Assignment. Rights or obligations under this Agreement shall not be transferred, assigned or encumbered without the prior written consent of the other party.

23.4 Governing Law. This Agreement shall be governed by the law The Netherlands.

23.5 Severability: If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. Where possible the invalid or unenforceable provision shall be interpreted in such manner as to be effective and valid under applicable law.

23.6 Headings: Headings and numbering used in this Agreement are for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of this Agreement, and shall not have any legal effect.

23.7 Complete Agreement: This Agreement is the entire understanding of the parties and supersedes all prior understandings and documents relating to the subject matter of this Agreement.

Privacy Policy

1. INTRODUCTION

This Privacy Policy governs your use of our website located at https://eyowa.design/ (together or individually ‘Site’) operated by Eyowa – CoCreative Design.

Our Privacy Policy governs your visit to https://eyowa.design, and explains how we collect, safeguard and disclose information that results from your use of our Site.

We use your data to provide and improve Site. By using Site, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms of Service.

By entering this website or purchasing or using our articles, e-mails, programs, services, and/or products, you are agreeing to accept all parts of our Terms of Service. These Terms apply to all visitors, users and others who wish to enter the website and purchase or use our articles, e-mails, programs, services, and/or products. Thus, if you do not agree to the Privacy Policy below, STOP now, and do not use our website, articles, e-mails, programs, services, or products.

1. DEFINITIONS

2.1 SITE means the https://eyowa.design website operated by Eyowa – CoCreative Design.

2.2 PERSONAL DATA means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

2.3 USAGE DATA is data collected automatically either generated by the use of Site or from Site infrastructure itself (for example, the duration of a page visit).

2.4 COOKIES are small files stored on your device (computer or mobile device).

2.5 DATA CONTROLLER means a natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your data.

2.6 DATA PROCESSORS (OR SERVICE PROVIDERS) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Site Providers in order to process your data more effectively.

2.7 DATA SUBJECT is any living individual who is the subject of Personal Data.

2.8 THE USER is the individual using our Site. The User corresponds to the Data Subject, who is the subject of Personal Data.

3. INFORMATION COLLECTION AND USE

We collect several different types of information for various purposes to provide and improve our Site to you.

4. TYPES OF DATA COLLECTED

4.1 Personal Data

While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

4.1.1 Email address

4.1.2 First name and last name

4.1.3 Phone number

4.1.4 Address, Country, State, Province, ZIP/Postal code, City

4.1.5 Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.

4.2 Usage Data

We may also collect information that your browser sends whenever you visit our Site or when you access Service by or through any device (“Usage Data”).

This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access Site with a device, this Usage Data may include information such as the type of device you use, your device unique ID, the IP address of your device, your device operating system, the type of Internet browser you use, unique device identifiers and other diagnostic data.

4.3 Tracking Cookies Data

We use cookies and similar tracking technologies to track the activity on our Site and we hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Site.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.

Examples of Cookies we use:

4.3.1 Session Cookies: We use Session Cookies to operate our Site.

4.3.2 Preference Cookies: We use Preference Cookies to remember your preferences and various settings.

4.3.3 Security Cookies: We use Security Cookies for security purposes.

4.3.4 Advertising Cookies: Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.

4.4 Other Data

While using our Site, we may also collect the following information: gender, age, date of birth, place of birth, passport details, citizenship, registration at place of residence and actual address, telephone number (work, mobile), details of documents on education, qualification, professional training, employment agreements, non-disclosure agreements, information on bonuses and compensation, information on marital status, family members, social security (or other taxpayer identification) number, office location and other data.

5. USE OF DATA

Eyowa – CoCreative Design uses the collected data for various purposes:

5.1 to provide and maintain our Site;

5.2 to notify you about changes to our Site;

5.3 to allow you to participate in interactive features of our Site when you choose to do so;

5.4 to provide customer support;

5.5 to gather analysis or valuable information so that we can improve our Site;

5.6 to monitor the usage of our Site;

5.7 to detect, prevent and address technical issues;

5.8 to fulfill any other purpose for which you provide it;

5.9 to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;

5.10 to provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc.;

5.11 to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;

5.12 in any other way we may describe when you provide the information;

5.13 for any other purpose with your consent.

6. RETENTION OF DATA

We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Site, or we are legally obligated to retain this data for longer time periods.

7. TRANSFER OF DATA

Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside The Netherlands and choose to provide information to us, please note that we transfer the data, including Personal Data, to The Netherlands and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Eyowa – CoCreative Design will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

8. DISCLOSURE OF DATA

We may disclose personal information that we collect, or you provide:

8.1 Disclosure for Law Enforcement. Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities.

8.2 Business Transaction. If we or our subsidiaries are involved in a merger, acquisition or asset sale, your Personal Data may be transferred.

8.3 Other cases. We may disclose your information also:

8.3.1 to our subsidiaries and affiliates;

8.3.2 to contractors, service providers, and other third parties we use to support our business;

8.3.3 to fulfill the purpose for which you provide it;

8.3.4 for the purpose of including your company’s logo on our website;

8.3.5 for any other purpose disclosed by us when you provide the information;

8.3.6 with your consent in any other cases;

8.3.7 if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.

9. SECURITY OF DATA

The security of your data 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 Data, we cannot guarantee its absolute security.

10. YOUR DATA PROTECTION RIGHTS UNDER GENERAL DATA PROTECTION REGULATION (GDPR)

If you are a resident of the European Union (EU) and European Economic Area (EEA), you have certain data protection rights, covered by GDPR. We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data. If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please email us at connect@eyowa.world. In certain circumstances, you have the following data protection rights:

10.1 the right to access, update or to delete the information we have on you;

10.2 the right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete;

10.3 the right to object. You have the right to object to our processing of your Personal Data;

10.4 the right of restriction. You have the right to request that we restrict the processing of your personal information;

10.5 the right to data portability. You have the right to be provided with a copy of your Personal Data in a structured, machine-readable and commonly used format;

10.6 the right to withdraw consent. You also have the right to withdraw your consent at any time where we rely on your consent to process your personal information;

Please note that we may ask you to verify your identity before responding to such requests. Please note, we may not able to provide Site without some necessary data. You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

11. YOUR DATA PROTECTION RIGHTS UNDER THE CALIFORNIA PRIVACY PROTECTION ACT (CALOPPA)

CalOPPA is the first state law in the nation to require commercial websites and online services to post a Privacy Policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivable the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous Privacy Policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy.

According to CalOPPA we agree to the following:

11.1 users can visit our site anonymously;

11.2 our Privacy Policy link includes the word “Privacy”, and can easily be found on the home page of our website;

11.3 users will be notified of any Privacy Policy changes on our Disclaimer, Terms & Privacy Policy Page;

11.4 users are able to change their personal information by emailing us at info@eyowa.design.

Our Policy on “Do Not Track” Signals: We honor Do Not Track signals and do not track, plant cookies, or use advertising when a Do Not Track browser mechanism is in place. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

12. YOUR DATA PROTECTION RIGHTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT (CCPA)

If you are a California resident, you are entitled to learn what data we collect about you, ask to delete your data and not to sell (share) it. To exercise your data protection rights, you can make certain requests and ask us:

12.1 What personal information we have about you. If you make this request, we will return to you:

12.1.1 The categories of personal information we have collected about you.

12.1.2 The categories of sources from which we collect your personal information.

12.1.3 The business or commercial purpose for collecting or selling your personal information.

12.1.4 The categories of third parties with whom we share personal information.

12.1.5 The specific pieces of personal information we have collected about you.

12.1.6 A list of categories of personal information that we have sold, along with the category of any other company we sold it to. If we have not sold your personal information, we will inform you of that fact.

12.1.7 A list of categories of personal information that we have disclosed for a business purpose, along with the category of any other company we shared it with.

Please note, you are entitled to ask us to provide you with this information up to two times in a rolling twelve-month period. When you make this request, the information provided may be limited to the personal information we collected about you in the previous 12 months.

12.2 To delete your personal information. If you make this request, we will delete the personal information we hold about you as of the date of your request from our records and direct any service providers to do the same. In some cases, deletion may be accomplished through de-identification of the information. If you choose to delete your personal information, you may not be able to use certain functions that require your personal information to operate.

12.3 To stop selling your personal information. We don’t sell or rent your personal information to any third parties for any purpose. We do not sell your personal information for monetary consideration. However, under some circumstances, a transfer of personal information to a third party, or within our family of companies, without monetary consideration may be considered a “sale” under California law. You are the only owner of your Personal Data and can request disclosure or deletion at any time. If you submit a request to stop selling your personal information, we will stop making such transfers.

Please note, if you ask us to delete or stop selling your data, it may impact your experience with us, and you may not be able to participate in certain programs or membership services which require the usage of your personal information to function. But in no circumstances, we will discriminate against you for exercising your rights.

To exercise your California data protection rights described above, please send your request(s) by email: connect@eyowa.world.

Your data protection rights, described above, are covered by the CCPA, short for the California Consumer Privacy Act. To find out more, visit the official California Legislative Information website. The CCPA took effect on 01/01/2020.

13. SERVICE PROVIDERS

We may employ third party companies and individuals to facilitate our Site (‘Service Providers’), provide services on our behalf, perform Site-related services or assist us in analyzing how our Site is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

13.1 The Site is build using WordPress. You can read their Privacy Policy here.

13.2 The Site is hosted by Hostinger. You can read their Privacy Policy here.

14. ANALYTICS

We may use third-party Service Providers to monitor and analyze the use of our Site. We use Google Analytics to optimize our Site. You can read their Privacy Policy here.

15. CI/CD TOOLS

We may use third-party Service Providers to automate the development process of our Site.

16. ADVERTISING

We may use third-party Service Providers to show advertisements to you to help support and maintain our Site.

17. BEHAVIORAL REMARKETING

We may use remarketing services to advertise on third-party websites to you after you visited our Site. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Site.

18. PAYMENTS

We may provide paid products and/or services within Site. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

Payment services we might use are PayPal; you can read their Privacy Policy here, or TransferWise; you can read their Privacy Policy here.

19. LINKS TO OTHER SITES

Our Site may contain links to other sites that are not operated by us. If you click a third-party link, you will be directed to that third-party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, Privacy Policies or practices of any third-party sites or services.

20. CHILDREN’S PRIVACY

Our Site is not intended for use by children under the age of 18 (‘Child’ or ‘Children).

We do not knowingly collect personally identifiable information from Children under 18. If you become aware that a Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.

21. CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy at any time by posting the amended policy on this site. It is your responsibility to review this policy periodically.

Your continued use of the Site following the posting of updated Policy means that you accept and agree to the changes. You are advised and expected to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

22. CONTACT US

If you have any questions about this Privacy Policy, please contact us by email: connect@eyowa.world.

Disclaimer

1. INTERPRETATION AND DEFINITIONS

1.1 Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

1.2 Definitions

For the purposes of this Disclaimer:

Company (referred to as either ‘the Company’, ‘We’, ‘Us’ or ‘Our’ in this Disclaimer) refers to Eyowa – CoCreative Design.

Site refers to the Website.

You means the individual accessing the Site, or the company, or other legal entity on behalf of which such individual is accessing or using the Site, as applicable.

Website refers to CoCreative Impact, accessible from https://eyowa.design.

2. DISCLAIMER

The information contained on the Site is for general information purposes only.

The Company assumes no responsibility for errors or omissions in the contents of the Site.

In no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Site or the contents of the Site. The Company reserves the right to make additions, deletions, or modifications to the contents on the Site at any time without prior notice.

The Company does not warrant that the Site is free of viruses or other harmful components.

2.1 External Links Disclaimer

The Site may contain links to external websites that are not provided or maintained by or in any way affiliated with the Company.

Please note that the Company does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.

2.2 Errors and Omissions Disclaimer

The information given by the Site is for general guidance on matters of interest only. Even if the Company takes every precaution to ensure that the content of the Site is both current and accurate, errors can occur. Plus, given the changing nature of laws, rules and regulations, there may be delays, omissions or inaccuracies in the information contained on the Site.

The Company is not responsible for any errors or omissions, or for the results obtained from the use of this information.

2.3 Fair Use Disclaimer

The Company may use copyrighted material which has not always been specifically authorized by the copyright owner. The Company is making such material available for criticism, comment, news reporting, teaching, scholarship, or research.

The Company believes this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the United States Copyright law.

If You wish to use copyrighted material from the Site for your own purposes that go beyond fair use, You must obtain permission from the copyright owner.

2.4 Views Expressed Disclaimer

The Site may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or company, including the Company.

Comments published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. The Company is not liable for any comment published by users and reserve the right to delete any comment for any reason whatsoever.

2.5 No Responsibility Disclaimer

The information on the Site is provided with the understanding that the Company is not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers.

In no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in connection with your access or use or inability to access or use the Site.

2.6 ‘Use at Your Own Risk’ Disclaimer

All information in the Site is provided ‘as is’, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.

The Company will not be liable to You or anyone else for any decision made or action taken in reliance on the information given by the Site or for any consequential, special or similar damages, even if advised of the possibility of such damages.

2.7 Contact Us

If you have any questions about this Disclaimer, You can contact Us here: connect@eyowa.world.