This page is designed to outline all the data that we, franklyfluent, may collect and hold about you, how we process and use it, and our commitments to its safeguarding and protection.
What data?
while browsing our website
While you’re on our website, we may collect, store and use information about your computer and about your visits to and use of this website, including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths.
as a consultant, contractor or talent who works with us
If you complete our talent application form, we’ll store information about you and your skills in order to keep a record of your abilities and to assess fitness for any projects we may want to work on together. We’ll keep this record and make continued efforts to ensure it remains up-to-date and accurate for as long as we deem it useful from a business perspective, or until you ask us to stop and to delete the information we hold about you. This data may include your name, email address, telephone number, your language skills and competencies, your country of residence, any information you include in your covering note and any notes we make ourselves, a copy of your CV and/or portfolio and/or work samples, and a link to your profile on LinkedIn and/or any other third-party websites.
Before we work together, it’s likely you’ll be asked to read our consultant agreement and confirm that you agree with the terms it sets out. When you confirm your agreement, you’ll be asked to provide some information that we’ll store to record and confirm your agreement. This includes your name, email, telephone number, address, as well as the IP address of your connection.
When we work together, we’ll store a record of the projects we collaborate on, including information about the work itself such as associated purchase orders, and how the work went. Invoices that you share with the franklyfluent team will be processed for payment and kept in archives for historical referencing for as long as we’re legally required to. Your invoices are likely to include personal information about you and how you would like to be paid, including your bank or payment details. We’ll share only the information that we need to with relevant third parties – bookkeeping partners, accounting partners and payment providers – to make sure you get paid correctly and in a timely manner.
as a client or prospective client
We retain records of our clients and prospective clients in order to service our clients properly and for new business and marketing purposes. This means we keep our database up-to-date with information such as the name, email, company, notes, and contact reports of clients and prospective clients. We’ll keep this information and make continued efforts to ensure it remains up-to-date and accurate for as long as we deem it useful from a business perspective, or until you ask us to stop and to delete the information we hold about you.
Why do we do it?
We process personal information for certain legitimate business purposes, which include some or all of the following:
where the processing helps us enhance, modify, personalise or otherwise improve our services and/or communications for the benefit of the contractors we work with and/or our clients;
to better understand how people interact with our website;
to provide postal communications which we think will be of interest;
to determine the effectiveness of promotional campaigns and advertising.
Whenever we process data for these purposes we will ensure that we always keep your personal data rights in high regard and take account of these rights. You have the right to object to this processing if you wish, and if you wish to do so please contact us using the details at the bottom of this notice.
If you’ve applied to us via our talent application form or confirmed you agree with the terms set out in our consultant agreement, we will have asked for your consent for us to store and process your personal information.
Security of your personal information
We take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
International data transfers
Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy. Some of the third-party partners we work with, such as our database hosts, store our files in global locations. Rest-assured that we have endeavoured to collect commitments and reassurances from all of the partners we work with that all franklyfluent data is stored and processed in ways that are compliant with the EU’s GDPR guidance.
Disclosure of personal information
We may disclose your personal information to our employees, officers, insurers, professional advisers, agents, suppliers, clients or subcontractors insofar as reasonably necessary for the purposes set out in this policy. We might do this: a) to help identify if you are a suitable candidate, and to contact you in reference to any projects that we are carrying out on behalf of our clients; b) to the extent that we are required to do so by law in connection with any ongoing or prospective legal proceedings, or in order to establish, exercise or defend our legal rights, or to our client (or prospective client).
You may ask to see a copy of the personal information, if any, we hold about you by contacting us using the details at the bottom of this notice. In order for us to disclose any personal information, we’ll be required to verify your identity, and so may ask you to provide proof of your identity.
If you have a concern about our, or any organisation’s, information rights practices, report a complaint in the UK to the supervisory body: the ICO.
About us
This website is owned and operated by franklyfluent ltd. We are registered in England and Wales under registration number 9174563, and our registered office is at 2 Crown Works, London E2 6QQ. Our ICO registration reference is ZA238716. If you would like to discuss any part of this notice or our data policies, or would like your personal data to be added, amended or removed from our records, please do not hesitate to contact us. You can contact us by writing to the business address given above, by telephone (+44 (0)207 287 1377), or by email ([email protected]).
Terms of business
Franklyfluent ltd is a company registered in England and Wales under Company Number 9174563 whose registered office is at 2 Crown Works, London E2 6QQ (“Agency”).
INTRODUCTION:
The Client wishes to purchase and the Agency wishes to provide a range of Services and Deliverables, which are described in one or more Scopes of work, Fee proposals or Cost estimates.
Except in the case of a pre-existing, mutually-agreed Framework Agreement, both parties agree that these Services and Deliverables will be supplied in accordance with the terms of this Agreement.
When we enter into business with each other, it’s agreed that:
‘Client’ means the person, firm, organisation, statutory or corporate body, together with any subsidiary or associated undertaking, for whom the Agency has agreed to provide the Services in accordance with these terms and conditions of business.
‘Services’ means marketing services, copy and content production, cultural consultation, translation, transcreation, artworking, production and/or any other associated services required by the Client and specified on the Cost estimate, Fee proposal and/or Scope of work supplied by the Agency and approved by the Client.
‘Source material’ means any documents, materials, text, images, graphics, photographs, designs, data, or other information provided by the Client to the Agency relating to the Services.
‘Deliverable’ means the document(s) and/or asset(s) provided by the Agency to the Client resulting from the Services.
‘Cost estimate’, ‘Fee proposal’ or ‘Scope of work’ means the document in which details of the required services and their estimated costs are specified for any campaign(s) or project(s) within a given period of time.
SUPPLY OF SERVICES
The Client shall in writing to the Agency acknowledge the Client’s acceptance of the Services and charges outlined in the Cost estimate, Fee proposal or Scope of work before the Agency undertakes any work on their behalf. Where appropriate, a PO for the total amount should issued by the Client to the Agency before work commences. Any changes or additions to the Services or these terms and conditions must be agreed in writing by both parties.
The Client at its own expense will supply the Agency with all necessary Source material within sufficient time to enable the Agency to provide the Services. The Client will be responsible for and therefore ensure the accuracy of all Source material.
The Agency is entitled to sub-contract or otherwise outsource all or any part of the Services to any third party it selects and will be under no obligation to notify the Client of either the selection of such third party or any subsequent change to the identity of the selected third party.
INTENDED USAGE
The Client shall clearly indicate the intended use of the Deliverable or other consequence of the Services. The Agency will endeavour to ensure the Deliverable or other consequence of the Services is of sufficient standard for such use by the Client.
CHARGES AND PAYMENT TERMS
All accounts are net of VAT and due as specified in the Cost estimate, Fee proposal or Scope of work. All accounts are due upon delivery of the Deliverable. The Client shall pay such charges via bank transfer with any charges for such assumed by the Client within 30 days of the date of invoice issued for the Services.
Payment of invoices outside these terms will be subject to the remedies contained within the provision of the Late Payment of Commercial Debts (Interest) Act 1998 (as amended and supplemented by the Late Payment of Commercial Depts. Regulations 2002), which includes interest and compensation.
Changes or other amendments required by the Client following the completion of the Services are liable to reasonable additional charges.
DELIVERY
Any date agreed between the parties for delivery is given as an estimate. The Agency will on a best-effort basis undertake to meet such date.
In the event of Force Majeure (Strike, Lockout, Industrial Dispute, Civil Commotion, Natural Disaster, Acts of War and any other situation which can be shown to have materially affected the Agency’s ability without fault to meet the terms of a contract with the Client as agreed), the Agency shall notify the Client without delay, indicating the circumstances. Force Majeure shall entitle both the Agency and the Client to terminate the Services, but in such event, the Client shall pay the Agency for any and all work already completed. The Agency will in such an occasion use reasonable endeavours to assist the Client to place its commission elsewhere.
Delivery of the Deliverable to the Client is deemed to have taken place upon posting or delivery to a carrier, or transmission by email or Internet, and the risk shall then pass to the Client.
The Agency will, within 10 working days following delivery, accept feedback from the Client consolidated from all key stakeholders. The Agency may subsequently resupply one or multiple versions of the Deliverable in response to the feedback. Subsequent feedback that is new or raises new or additional concerns to those addressed in the original feedback may be deemed non-consolidated and as a consequence attract additional charges at the discretion of the Agency.
Following delivery, if the Client has not within 10 working days given to the Agency written notice of feedback or notice that the Deliverable is not satisfactory, the Client shall be deemed to have accepted and approved the Services and the Deliverable and the Agency shall have no liability for any defect in the quality of the Deliverable or failure to correspond with the Cost estimate, Fee proposal or Scope of work, and the Client shall be bound to pay the Agency as if the Deliverable had been satisfactorily supplied.
In accordance with the preceding clause, as a result of any error or omission in work undertaken by the Agency, the Agency will, as its option, either re-produce the work or compensate the Client, in which case the Agency shall be limited to such liability as is covered by its professional indemnity insurance policy terms, and in no event shall liability exceed the amount of the fee charged to the Client in respect of the Services, or £250,000, whichever is the lesser, provided that such fee has been paid to the Agency and provided the work has been used by the Client for the purpose indicated to the Agency.
CANCELLATION
Upon the Client booking the Services, the Client will be entitled to cancel the Services subject to written notice. The Client will pay for any Services confirmed by the Agency at the time of termination of the Services, and the Agency will subsequently confirm in writing the final costs and expenses due.
CONFIDENTIALITY
The nature of the work performed and any information transmitted to the Agency by the Client is confidential. The Agency shall not without the prior consent of the Client divulge or otherwise disclose such information to any person other than authorised employees or authorised subcontractors of the Agency whose job performance requires such disclosure. The provisions of this paragraph shall not apply to the extent that the Agency is required by law to divulge such information or to the extent that such information is or becomes a matter of public knowledge other than by disclosure by the Agency.
COPYRIGHT
Without prior written agreement to the contrary, copyright in the Deliverable will vest in the Agency and the Client, upon payment of all outstanding charges to the Agency for the Services, is granted an exclusive licence to exploit the Deliverable to the extent of the usage terms originally agreed in preparing the Cost estimate, Fee proposal or Scope of work.
INSURANCE
The Agency shall maintain professional indemnity insurance policies to the value sufficient to meet its liabilities under this Agreement. Upon the Client’s reasonable request the Agency will provide the Client with evidence that such insurance is in place.
ENTIRE AGREEMENT
These terms and conditions are governed by and shall be construed in accordance with the law of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.
Both Agency and Client acknowledge and agree that in entering into these terms and conditions they have not relied on any representation or warranty or undertaking other than those expressly set out herein and, except in relation to any liability for fraudulent misrepresentation, neither party shall be under any liability or shall have any remedy (including the avoidance of these terms and conditions) to the other in respect of any representation or statement which is not expressly prescribed by these terms and conditions.
