PRIVACY POLICY
Privacy Policy
Last Updated On 14-September-2022
Effective Date 14-September-2022
This Privacy Policy describes the policies of Md Film & Video production, Lucan, Dublin, Ireland, email: maldeeganproductions@gmail.com, on the collection, use and disclosure of your information that we collect when you use our website ( https://www.maldeegan.com/ ). (the “Service”). By accessing or using the Service, you are consenting to the collection, use and disclosure of your information in accordance with this Privacy Policy. If you do not consent to the same, please do not access or use the Service.
We may modify this Privacy Policy at any time without any prior notice to you and will post the revised Privacy Policy on the Service. We therefore recommend that you periodically review this page.
How We Use Your Information:
We will use the information that we collect about you for the following purposes:
Sales & Support
Administration info
Manage customer services
If we want to use your information for any other purpose, we will ask you for consent and will use your information only on receiving your consent and then, only for the purpose(s) for which you grant consent unless we are required to do otherwise by law.
How We Share Your Information:
We will not transfer your personal information to any third party without seeking your consent, except in limited circumstances as described below:
Analytics
We require such third party’s to use the personal information we transfer to them only for the purpose for which it was transferred and not to retain it for longer than is required for fulfilling the said purpose.
We may also disclose your personal information for the following: (1) to comply with applicable law, regulation, court order or other legal process; (2) to enforce your agreements with us, including this Privacy Policy; or (3) to respond to claims that your use of the Service violates any third-party rights. If the Service or our company is merged or acquired with another company, your information will be one of the assets that is transferred to the new owner.
Your Rights:
Depending on the law that applies, you may have a right to access and rectify or erase your personal data or receive a copy of your personal data, restrict or object to the active processing of your data, ask us to share (port) your personal information to another entity, withdraw any consent you provided to us to process your data, a right to lodge a complaint with a statutory authority and such other rights as may be relevant under applicable laws. To exercise these rights, you can write to us at maldeeganproductions@gmail.com. We will respond to your request in accordance with applicable law.
You may opt-out of direct marketing communications we carry out using your consent (which you have explicitly consented to) up for marketing purposes by writing to us at maldeeganproductions@gmail.com or simply unsubscribe using the link provided at the end of emails which will take you directly to mailchimp’s unsubscribe portal - you will then be deleted from our marketing list.
Do note that if you do not allow us to collect or process the required personal information or withdraw the consent to process the same for the required purposes, you may not be able to access or use the services for which your information was sought.
Cookies
To learn more about how we use these and your choices in relation to these tracking technologies, please refer to our Cookie Policy below.
Security:
The security of your information is important to us and we will use reasonable security measures to prevent the loss, misuse or unauthorized alteration of your information under our control. However, given the inherent risks, we cannot guarantee absolute security and consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.
Third Party Links & Use Of Your Information:
Our Service may contain links to other websites that are not operated by us. This Privacy Policy does not address the privacy policy and other practices of any third parties, including any third party operating any website or service that may be accessible via a link on the Service. 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.
Grievance / Data Protection Officer:
If you have any queries or concerns about the processing of your information that is available with us, you may email our Grievance Officer at maldeeganproductions@gmail.com. We will address your concerns in accordance with applicable law.
What are Cookies?
Cookies are small pieces of information, stored in simple text files, placed on your computer by a website. Cookies can be read by the website on your subsequent visits. The information stored in a cookie may relate to your browsing habits on the web page, or a unique identification number so that the website can ‘remember’ you on your return visit.
Generally speaking, cookies do not contain personal information from which you can be identified, unless you have furnished such information to the website. This website uses cookies to track usage and help improve features and services of the site.
Statistical and analytical information from cookies provides us with general and not individually specific information about the number of people who visit this website; the number of people who return to this site; the pages that they visit; the page in the site at which they exited. This information helps us monitor traffic on our website It also helps us to understand which parts of this site are most popular, and generally to assess user behaviour and characteristics in order to measure interest in and use of the various areas of the site to improve it. For more information cookies and how to remove them please visit https://www.aboutcookies.org/
How we use Cookies
We collect information on our users through registration and the use of the website, through cookies, where you choose to disclose data in postings, and when you contact us through this site using forms or through a ‘Chat now’ facility.
We use cookies for a number of reasons:
Social network integrations: such as Youtube and Vimeo use cookies to monitor engagement and viewer data. Youtube is used to host the video playback on blog posts and within the video section of the website. The analytics gathered are playback views.
Your data: Your data is used to confirm your identity and carry out a service provided to you. The personal details I ask for is your name, e-mail address and (sometimes) your postal address to process payments, or (necessary) for signed proposals and contracts (Paypal is used to process payments where you can choose to provide any further personal data such as your postal address. Receipts of payments record will be kept securely by Paypal for auditing purposes) and these personal details will only be used to provide you with services and quotations for services or marketing e-mails which you have previously agreed to and opted in and freely consented to.
Marketing e-mails: there will be no marketing e-mails sent unless you ‘opt in’ and give your consent to receiving marketing e-mails from me. This will be clearly identified and you will be given the explicit right to have your details removed immediately when you ‘unsubscribe’. The marketing e-mails are to provide news of discounts and/or new services and optional blog posts of movie reviews and news.
Sign up Subscribe pop ups: to ‘subscribe’ to my newsletter and or discount list will be completely transparent and used only for these purposes. I use Mailchimp to collect and process e-mail addresses and to send out marketing e-mails. A ‘double opt’ in procedure is in place to ensure you have successfully subscribed to my list. If you do not confirm the second e-mail you will not be placed on my subscriber list and your e-mail address will be erased.
Live Chat Userlike: Userlike is a GDPR compliant live chat service hosted in Germany which I use for live chat. Below is their privacy policy which relates to users and what data is gathered through the use of the live chat facility. Your consent has to be given to instigate a live chat. This data is used for the sole purpose of contacting me and to provide support for design and other services.
information held on our users’ end-users include:
End-user email address (if provided by end-user, thus involving a consent)
End-user phone number (if provided by end-user, thus involving consent)
End-user message exchanges
End-user last activity date and time
User data is set to auto delete from hosted servers located in germany. No personally identifiable information is collected other than that provided by the user who has consented to do so.
The chat form is used expressly for the purpose of contacting me about services provided and/or questions relating to the website. It is a communication tool and These ‘chats’ will never be used for any other purpose other than that.
By using this site you are agreeing to the use of analytic cookies and this privacy policy as described.
Notification of Changes
You are responsible for periodically checking our web site for changes to this Privacy Policy. Continued use of the service will signify that you agree to any such changes.
Data Protection in Ireland
For more information on data privacy rights please visit the website of the Irish Data Protection commissioner http://www.dataprotection.ie
Terms Of Service Contract - Copyright
Any productions created by Malcolm Deegan remains the Copyright of Malcolm Deegan. Copyright does not pass to any third party by direct extension. This must be applied for directly and an agreement signed in writing by both parties. Breach of such conditions is subject to copyright infringement laws and may result in prosecution. This includes but is not limited to any Photographic, Camera operation duties, Motion Graphics or Graphic design work carried out by Malcolm Deegan for said third party. These remain the property of Malcolm Deegan for perpetuity. All rights reserved. This agreement shall be binding upon the parties, their heirs, successors, assigns and personal representatives.
Camera Operation
Release of Copyright of images created by Malcolm Deegan specifically for third party will be released for use upon payment and a signed release by Malcolm Deegan. If Payment not received then these images remain the property of Malcolm Deegan and subject to copyright. These images may not be broadcast, disseminated, recreated, consolidated or misused without a direct release by Malcolm Deegan. All rights are reserved. This agreement shall be binding upon the parties, their heirs, successors, assigns and personal representatives.
TERMS & CONDITIONS - VIDEOGRAPHY SERVICES, MOTION GRAPHICS, GRAPHIC DESIGN, EDITING SERVICES
1) Reservation of Rights: Copyright reserved by Malcolm Deegan. herein requires arrangement for payment of a separate fee. Any other use (s) are additional to that expressly granted Unless written release by Malcolm Deegan is given to third party. Including, but not limited to, all rights of broadcast and resale/reuse These including any electronic rights or usage, and All rights are reserved by Malcolm Deegan.
1(a) Any item(s) including but not limited to sketches, comps, motion graphics, photoshop creations or any other design element(s), editing services, camera operation duties or any other services provided by Malcolm Deegan for inclusion in a programme or product or any other method of delivery now known or invented in future are expressly owned by Malcolm Deegan, All rights reserved. No third party usage applies in the form of any Creative Commons licences this includes but is not limited to educational uses, Documentary exploration or any other method of delivery now known or created in future. Any and all breaches of copyright are bound by copyright infringement laws. This agreement shall be binding upon the parties, their heirs, successors, assigns and personal representatives.
KINDLE E-BOOKS
Kindle E-Books design shall be granted a licence for use of said design for sale and promotional purposes, the licencor has the right to use these designs any where they wish (With one limitation: The licensor cannot re-purpose/disseminate this design for other books of a similar nature nor additional books that the author may write. This design(s) is solely for the purpose in which it has been created. Any such re-purposing with exception of inclusion in adverts for sale /promotion is in breach of this agreement.) and embed this design into kindle e-books for sale worldwide on a royalty free commercial sale in perpetuity or as long as the author/purchaser desires. They may also be embedded onto websites for promotional/and or sale purposes.
CREATE SPACE PRINT DESIGN BOOK
Create space print book design shall be granted a licence for use of said design for sale and promotional purposes, the licencor has the right to use this design(s) any where they wish with one limitation: The licencor cannot re-purpose this design for other books of a similar nature nor additional books that the author may write in a series. This design(s) is solely for the purpose in which it has been created. Any such re-purposing is in breach of this licence agreement.
FONTS
If specific fonts are used in the print design (Which will be discussed with client beforehand ) a supplemental licence for sale may be required by the Font creator for print sales. Embedded fonts supplied with Print ready PDFs are for the sole purpose of printing the design in the sharpest possible definition. This does not imply that the font can be extracted/modified from the PDF to be used for any other purpose. Nor does it imply that the author owns the font in question.
PAYMENT
2) Payment: Payment for finished work is due before receipt of final artwork - Mockups will be supplied detailing the finished artwork for approval. Terms of payment are on a 50/50 split - 50% payment up front and the remaining balance upon completion. The 50% up front payment is deemed non-refundable once work has commenced irrespective of whether the final commission is completed or the client decides to go in a different direction entirely. This payment is to ensure my time is covered and to keep client relations transparent as oftentimes a design brief may change many times even after a quote is given and the terms agreed between both parties. These ‘Additional design elements’ added without the client seeking a revised quote for these additional services before commencing with the commission. In most cases I invariably add additional design value in the form of mockups, textures and other ancillary items above the proposed ‘design brief ‘without charging additionally for these. I believe strongly in providing value and high quality service to clients with designs they are really happy with.
The clients right to use of work is conditional upon receipt of payment in full (Upfront 50% payment does not constitute full payment -payments made in full via my ‘online store' at price point applicable at time of purchase constitutes payment in full for services) within this time frame and upon clients compliance with the terms of this agreement. The client cannot use artwork(s), videos, Graphics, recreations, motion Graphics or any other 'artworks' created by Malcolm Deegan until full payment is made. Such usage is a breach of copyright and may be subject to prosecution.
3) I reserve the right to withdraw my services for any reason I deem appropriate and solely at my discretion. This notice shall be made in writing by email or whichever method is the most appropriate for contact. Payment for works carried out up to this point shall be made promptly within 7 (seven) days.
This agreement shall be binding upon the parties, their heirs, successors, assigns and personal representatives. This agreement shall be governed by the laws of the Republic of Ireland and courts of such state shall have exclusive jurisdiction and venue.
By hiring me as a contractor you agree to these specific terms of service.