Privacy policy

This is the privacy notice of Monologue. In this document, “we”, “our”, or “us” refer to Monologue.

We are company number 535109 registered in Ireland.

Our registered office is at 35 HILLSIDE GARDENS, SKERRIES, K34CK81, CO. DUBLIN, IRELAND.

Introduction

 

  1. This is a notice to inform you of our policy about all information that we record about you. It sets out the conditions under which we may process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information.
  2. We regret that if there are one or more points below with which you are not happy, your only recourse is to leave our website immediately.
  3. We take seriously the protection of your privacy and confidentiality. We understand that all visitors to our website are entitled to know that their personal data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party.
  4. We undertake to preserve the confidentiality of all information you provide to us, and hope that you reciprocate.
  5. Our policy complies with the Data Protection Act 2018 (Act) accordingly incorporating the EU General Data Protection Regulation (GDPR).
  6. The law requires us to tell you about your rights and our obligations to you in regards to the processing and control of your personal data. We do this now, by requesting that you read the information provided at www.knowyourprivacyrights.org
  7. Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.

 

The bases on which we process information about you

The law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category.

If a basis on which we process your personal information is no longer relevant then we shall immediately stop processing your data.

If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.

 

1. Information we process because we have a contractual obligation with you

When you create an account on our website, buy a product or service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us.

In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information.

 

We may use it in order to:

1.1. verify your identity for security purposes

1.2. sell products to you

1.3. provide you with our services

1.4. provide you with suggestions and advice on products, services and how to obtain the most from using our website

 

We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.

Additionally, we may aggregate this information in a general way and use it to provide class information, for example to monitor our performance with respect to a particular service we provide. If we use it for this purpose, you as an individual will not be personally identifiable.

We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.

 

2. Information we process with your consent

Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, including job opportunities, legal status, place of operation, our products and services, you provide your consent to us to process information that may be personal information.

Wherever possible, we aim to obtain your explicit consent to process this information, for example, by asking you to agree to our use of cookies.

Sometimes you might give your consent implicitly, such as when you send us a message by e-mail to which you would reasonably expect us to reply.

Except where you have consented to our use of your information for a specific purpose, we do not use your information in any way that would identify you personally. We may aggregate it in a general way and use it to provide class information, for example to monitor the performance of a particular page on our website.

If you have given us explicit permission to do so, we may from time to time pass your name and contact information to selected associates whom we consider may provide services or products you would find useful.

We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.

You may withdraw your consent at any time by instructing us by email. However, if you do so, you may not be able to use our website or our services further.

 

3. Information we process for the purposes of legitimate interests

We may process information on the basis there is a legitimate interest, either to you or to us, of doing so. Where we process your information on this basis, we do after having given careful consideration to:

 

  • whether the same objective could be achieved through other means
  • whether processing (or not processing) might cause you harm
  • whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so

 

For example, we may process your data on this basis for the purposes of:

 

  • record-keeping for the proper and necessary administration of our business
  • responding to unsolicited communication from you to which we believe you would expect a response
  • protecting and asserting the legal rights of any party
  • insuring against or obtaining professional advice that is required to manage business risk
  • protecting your interests where we believe we have a duty to do so

 

4. Information we process because we have a legal obligation

We are subject to the law like everyone else. Sometimes, we must process your information in order to comply with a statutory obligation.

For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.

This may include your personal information.

 

Specific uses of information you provide to us

 

5. Information provided on the understanding that it will be shared with a third party

Our website allows you to post information with a view to that information being read, copied, downloaded, or used by other people.

Examples include:

5.1. posting a message our forum

5.2. tagging an image

5.3. clicking on an icon next to another visitor’s message to convey your agreement, disagreement or thanks

In posting personal information, it is up to you to satisfy yourself about the privacy level of every person who might use it.

We do not specifically use this information except to allow it to be displayed or shared.

We do store it, and we reserve a right to use it in the future in any way we decide.

Once your information enters the public domain, we have no control over what any individual third party may do with it. We accept no responsibility for their actions at any time.

Provided your request is reasonable and there is no legal basis for us to retain it, then at our discretion we may agree to your request to delete personal information that you have posted. You can make a request by contacting us by email.

 

6. Complaints regarding content on our website

If you complain about any of the content on our website, we shall investigate your complaint.

If we feel it is justified or if we believe the law requires us to do so, we shall remove the content while we investigate.

Free speech is a fundamental right, so we have to make a judgment as to whose right will be obstructed: yours, or that of the person who posted the content that offends you.

If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.

 

7. Job application and employment

If you send us information in connection with a job application, we may keep it for up to three years in case we decide to contact you at a later date.

If we employ you, we collect information about you and your work from time to time throughout the period of your employment. This information will be used only for purposes directly relevant to your employment. After your employment has ended, we will keep your file for six years before destroying or deleting it.

 

8. Sending a message to our support team

When you contact us, whether by telephone, through our website or by e-mail, we collect the data you have given to us in order to reply with the information you need.

We record your request and our reply in order to increase the efficiency of our business.

We keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high-quality service.

 

9. Complaining

When we receive a complaint, we record all the information you have given to us.

We use that information to resolve your complaint.

If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.

We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.

Use of information we collect through automated systems when you visit our website

10. Cookies

Cookies are small text files that are placed on your computer’s hard drive by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved.

Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely.

Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.

Our website uses cookies. They are placed by software that operates on our servers, and by software operated by third parties whose services we use.

When you first visit our website, we ask you whether you wish us to use cookies. If you choose not to accept them, we shall not use them for your visit except to record that you have not consented to their use for any other purpose.

If you choose not to use cookies or you prevent their use through your browser settings, you will not be able to use all the functionality of our website.

 

We use cookies in the following ways:

 

10.1. to track how you use our website

10.2. to record whether you have seen specific messages we display on our website

10.3. to keep you signed-in on our site

10.4. to record your answers to surveys and questionnaires on our site while you complete them

10.5. to record the conversation thread during a live chat with our support team

 

11. Personal identifiers from your browsing activity

Requests by your web browser to our servers for web pages and other content on our website are recorded.

We record information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution.

We use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you.

If combined with other information we know about you from previous visits, the data possibly could be used to identify you personally, even if you are not signed-in to our website.

 

12. Our use of re-marketing

Re-marketing involves placing a cookie on your computer when you browse our website in order to be able to serve to you an advert for our products or services when you visit some other website.

We may use a third party to provide us with re-marketing services from time to time. If so, then if you have consented to our use of cookies, you may see advertisements for our products and services on other websites.

 

Disclosure and sharing of your information

 

13. Information we obtain from third parties

Although we do not disclose your personal information to any third party (except as set out in this notice), we sometimes receive data that is indirectly made up from your personal information from third parties whose services we use. No such information is personally identifiable to you.

 

14. Credit reference

To assist in combating fraud, we share information with credit reference agencies, so far as it relates to clients or customers who instruct their credit card issuer to cancel payment to us without having first provided an acceptable reason to us and given us the opportunity to refund their money.

 

15. Data may be processed outside the European Union

Our website is hosted in Ireland (EU).

We may also use outsourced services in countries outside the European Union from time to time in other aspects of our business.

Accordingly, data obtained within Ireland or any other country could be processed outside the European Union.

We use the following safeguards with respect to data transferred outside the European Union:

15. 1. the data protection clauses in our contracts with data processors include transfer clauses written by or approved by a supervisory authority in the European Union

15.2. we comply with a code of conduct approved by a supervisory authority in the European Union

 

Access to your own information

 

16. Access to your personal information

16.1. At any time, you may review or update personally identifiable information that we hold about you, by signing-in to your account on our website.

16.2. To obtain a copy of any information that is not provided on our website you may send us a request by email

16.3. After receiving the request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.

 

17. Removal of your information

If you wish us to remove personally identifiable information from our website, you may contact us by email

This may limit the service we can provide to you.

 

18. Verification of your information

When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.

Other matters

 

19. Use of site by children

19.1. We do not sell products or provide services for purchase by children, nor do we market to children.

19.2. If you are under 18, you may use our website only with consent from a parent or guardian

19.3. We collect data about all users of and visitors to these areas regardless of age, and we anticipate that some of those users and visitors will be children.

19.4. Such child users and visitors will inevitably visit other parts of the site and will be subject to whatever on-site marketing they find, wherever they visit.

 

20. Encryption of data sent between us

We use Secure Sockets Layer (SSL) certificates to verify our identity to your browser and to encrypt any data you give us.

Whenever information is transferred between us, you can check that it is done so using SSL by looking for a closed padlock symbol or other trust mark in your browser’s URL bar or toolbar.

 

21. How you can complain

21.1. If you are not happy with our privacy policy or if have any complaint then you should tell us by email.

21.2. If a dispute is not settled then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.

21.3. If you are in any way dissatisfied about how we process your personal information, you have a right to lodge a complaint with the Data Protection Commissioner. This can be done at https://www.dataprotection.ie/docs/complaints/1592.htm

 

22. Retention period for personal data

Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us:

 

22.1. to provide you with the services you have requested;

22.2. to comply with other law, including for the period demanded by our tax authorities;

22.3. to support a claim or defence in court.

 

23. Compliance with the law

Our privacy policy has been compiled so as to comply with the law of every country or legal jurisdiction in which we aim to do business. If you think it fails to satisfy the law of your jurisdiction, we should like to hear from you.

However, ultimately it is your choice as to whether you wish to use our website.

 

24. Review of this privacy policy

We may update this privacy notice from time to time as necessary. The terms that apply to you are those posted here on our website on the day you use our website. We advise you to print a copy for your records.

If you have any question regarding our privacy policy, please contact us.

Terms and conditions

The following Terms and Conditions of Service apply to all products and services provided by Monologue Ltd. (Agency). All work is carried out by the Agency on the understanding that the client has agreed to these terms and conditions. Copyright is retained by the Agency on all design work including words, pictures, ideas, visuals and illustrations (unless specifically released in writing) and only then once all costs has been settled.

 

If a choice of design is presented, only one solution is considered to be given by the Agency as fulfilling the contract. All other designs remain the property of the Agency, unless agreed in writing that this arrangement has been changed.

Project Acceptance

At the time of proposal, the Agency will provide the client with a written estimate or quotation. A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to the Agency. Alternatively, the client may send an official order in reply to the estimate or quotation, which binds the client to accept these Terms and Conditions. A return email with the estimate attached with explicit language accepting the contract will also suffice. No work on a project will commence until confirmation has been received by the Agency and deposit has been paid.

 

Design Charges

Charges for design services to be provided by the Agency, will be set out in the written estimate or quotation that is provided to the client. Work on the project will not commence until the Agency has received the agreed amount.

 

Charges for Other Services

Charges for any additional services over and above the estimated design will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

 

Payment

Payments may be made by, cheque, online bank transfer or (for overseas customers), Euro International Money Order or previously agreed electronic funds transfer.

 

Publication and/or release of work done by the Agency on behalf of the client, may not take place before cleared funds have been received.

 

Default

An account shall be considered default if it remains unpaid for 90 days from the date of invoice, or following a returned cheque. The Agency shall be considered entitled to remove the Agency and/or the client’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries. Removal of such materials does not relieve the client of its obligation to pay the due amount. Clients whose accounts become default agree to pay the Agency reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

 

Copyrights and Trademarks

By supplying text, images and other data to the Agency for inclusion in the client’s website or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.

 

Any artwork, images, or text supplied and/or designed by the Agency on behalf of the client, will remain the property of the Agency and/or its suppliers. The client may request in writing from the Agency, the necessary permission to use materials (for which the Agency holds the copyright) in forms other than for which it was originally supplied, and the Agency may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.

 

By supplying images, text, or any other data to the Agency, the client grants the Agency permission to use this material freely in the pursuit of the design. Should the Agency, or the client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow the Agency to remove and/or replace the file on the site.

 

The client agrees to fully indemnify and hold the Agency free from harm in any and all claims resulting from the client not having obtained all the required copyright, and/or any other necessary permission.

 

Changes

The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. The client also agrees that the Agency holds no responsibility for any amendments made by any third party, before or after a design is published.

 

Licensing

Any design, copywriting, drawing, idea or code created for the client by the Agency, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of the Agency and any of its relevant sub-contractors.

 

The client should register all design work – where there is a risk that another party makes a claim, with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. The Agency will not be held responsible for any and all damages resulting from such claims. The Agency is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold the Agency responsible for any such loss or damage. Any claim against the Agency shall be limited to the relevant fee(s) paid by the client.

 

Data Formats

The client agrees to the Agency definition of acceptable means of supplying data to the company.

 

Text is to be supplied to the Agency in electronic format as standard text (.txt), pdf, MS Word, or via e-mail. Images, which are supplied in an electronic format, are to be provided in a format as prescribed by the Agency via DVD, USB drive or external hard drive, or e-mail.

 

Images must be of a quality suitable for use without any subsequent image processing, and the Agency will not be held responsible for any image quality, which the client later deems to be unacceptable. The Agency cannot be held responsible for the quality of any images that the client wishes to be scanned from printed materials.

 

Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.

 

Design Project Duration

Any indication given by the Agency of a design project’s duration is to be considered by the client to be an estimation. The Agency cannot be held responsible for any project over-runs, whatever the cause.

 

Estimated project duration should be deemed to be from the date that cleared funds are received by the Agency for the initial payment or by date confirmed in writing by the Agency.

Rights of Access for Website Construction

The client agrees to allow the Agency all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The client also agrees to allow the Agency access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.

 

The client agrees to supply the Agency with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

 

Design Project Completion

The Agency considers the design project complete upon receipt of the client’s signed Approval form. Other services such as printing, display panel production, film work, website uploading, publishing etc. either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.

 

Website Design Only

Once web design is complete, the Agency will provide the client with the opportunity to review the resulting work. The Agency will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to the Agency by e-mail or phone.

 

The Agency will consider that the client has accepted the original draft, if no notification of changes is received in writing from the client, within 14 days of the start of the review period.

 

Rights of Refusal

The Agency will not include in its designs, any text, images or other data, which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. The Agency also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that the Agency does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the client is obliged to allow the Agency to remove the contravention without hindrance, or penalty. The Agency is to be held in no way responsible for any such data being included.

 

Cancellation

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, the Agency will need formal notification in writing to our postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by the Agency within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

 

Disclaimer

The Agency makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. The Agency will not be held responsible for any and all damages resulting from products and/or services it supplies. The Agency is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The client agrees not to hold the Agency responsible for any such loss or damage. Any claim against the Agency shall be limited to the relevant fee(s) paid by the client.

 

The Agency reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. The Agency will not knowingly perform any actions to contravene these and the client also agrees to be so bound. The Agency and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. The Agency recommends that if an exact quantity is required, then 10% extra be added to the quantity and extra time made available should the job be delayed.

 

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. The Agency reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

 

Acceptance of Quotation and Terms and Conditions

The placement of an order for design and/or any other services offered by the Agency and validated by the client’s signature or a reply email from the client on the estimate or quotation form, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and the Agency.

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