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The fine print

Terms & conditions + privacy notice

Terms & Conditions

The following terms and conditions apply to all website development / design services provided by Evoke Digital LTD to the Client.

 

1. Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

 

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

 

2. Charges

Charges for services to be provided by Evoke Digital LTD are defined in the project quotation / proposal that the Client receives via email. Quotations / proposals are valid for a period of thirty (30) days. Evoke Digital LTD reserves the right to alter or decline to provide a quotation after expiry of the thirty (30) days.

Unless agreed otherwise with the Client, all web design and web development services require an advance payment of a minimum of sixty percent (60%) of the project quotation total before the work is started on a project. The remaining forty percent (40%) of the project quotation total, due upon completion of the work, prior to upload to the server or release of materials. All graphic design, search engine marketing, content marketing and social media services are to be paid in full upfront.

 

Payment for services is due by EFT. Bank details will be made available on invoices.

3. Client Review

Evoke Digital LTD will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Evoke Digital LTD otherwise within ten (10) days of the date the materials are made available to the Client.

4. Turnaround Time and Content Control

Evoke Digital LTD will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Evoke Digital LTD receiving initial payment, unless a delay is specifically requested by the Client and agreed by Evoke Digital LTD.

In return, the Client agrees to delegate a single individual as a primary contact to aid Evoke Digital LTD with progressing the commission in a satisfactory and expedient manner.

During the project Evoke Digital LTD will require the Client to provide website content; text, images, video and sound files if required.

 

5. Failure to provide required website content:

Evoke Digital LTD is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame and we are delayed as a result, we reserve the right to impose a surcharge of up to twenty-five percent (25%). If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do within two (2) weeks of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above conditions say do not give us the go ahead to start until you are ready to do so.

 

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document or Google drive doc, with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

 

6. Payment

Final payment is required upon completion, but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of twenty percent (20%) per month of the total amount due.

 

7. Additional Expenses

Client agrees to reimburse Evoke Digital LTD for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

 

8. Web Browsers

Evoke Digital LTD makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). Client agrees that Evoke Digital LTD cannot guarantee correct functionality with all browser software across different operating systems.

Evoke Digital LTD cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Evoke Digital LTD reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

 

9. Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Evoke Digital LTD Web space, Evoke Digital LTD will, at its discretion, remove all such material from its web space. Evoke Digital LTD is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Evoke Digital LTD reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Evoke Digital LTD in enforcing these Terms and Conditions.

 

10. Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

 

11. Indemnity

Evoke Digital LTD services may be used for lawful purposes only. You agree to indemnify and hold Evoke Digital LTD harmless from any claims resulting from your use of our service that damages you or any other party.

 

12. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Evoke Digital LTD the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Evoke Digital LTD permission and rights for use of the same and agrees to indemnify and hold harmless Evoke Digital LTD from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Evoke Digital LTD that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

 

13. Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (text files delivered on disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Evoke Digital LTD to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

 

14. Design Credit

A link to Evoke Digital LTD will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in Evoke Digital LTD’s portfolio.

 

15. Access Requirements

If the Client’s website is to be installed on a third-party server, Evoke Digital LTD must be granted temporary read / write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

 

16. Post-Placement Alterations

Evoke Digital LTD cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

 

17. Domain Names

Evoke Digital LTD may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Evoke Digital LTD. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

 

18. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions.

 

19. Social Media Management

Social Media Marketing and Management is defined as helping a client to promote their products or services through social media channels. Evoke Digital LTD will honor the components of your chosen social media package, providing an agreement to a minimum three (3) months’ contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.

 

20. Governing Law

This Agreement shall be governed by The Laws of South Africa.

 

21. Liability

Evoke Digital LTD hereby excludes itself, it’s Employees and, or Agents from all and any liability from:

Loss or damage caused by any inaccuracy;

Loss or damage caused by omission;

Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website;

Loss or damage to clients’ artwork / photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Evoke Digital LTD to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

 

22. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.

 

Refunds and Cancellations

 

Web Design

Payments for custom design projects are made to us in increments as a courtesy to the client, or a discounted upfront payment. Once a payment or deposit is made, it is non-refundable. If a project is canceled or postponed, all monies paid are retained by Evoke Digital LTD and if applicable, a fee for all work completed beyond what was already paid for, shall be paid by the client.

 

Web Development

Payments for custom web development projects are made to us in increments as a courtesy to the client, or a discounted upfront payment. Once a payment or deposit is made, it is non-refundable. If a project is canceled or postponed, all monies paid are retained by Evoke Digital LTD and if applicable, a fee for all work completed beyond what was already paid, for shall be paid by the client.

 

Search Engine Optimization, Internet Marketing and Social Media Optimization

Payments for Search Engine Optimization, Internet Marketing and Social Media Optimization services are non-refundable and Evoke Digital LTD does not issue pro rata refunds for fees paid in advance. Once a payment or deposit is made, it is non-refundable. All Setup fees are non-refundable, as it is applied to costs immediately incurred by Evoke Digital LTD in initiating services. If a project is canceled or postponed, all monies paid are retained by BrandMedia Marketing Ltd and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.

 

Website Hosting

Payments for past months of web hosting are non-refundable. Hosting accounts are set up at the time of order and are allotted a specific amount of server resources, according to the plan purchased. If the client did not make use of the account, payment for services is still due. Hosting accounts are not canceled until notice is received from the client in writing, or until fifteen (15) days after the due date of payment not received. If the client paid for the hosting account for twelve (12) months ahead and cancels service before the plan expiration date, the amount is non-refundable. Evoke Digital LTD reserves the right to disable and/or terminate a user’s account if a user is found in violation of the terms. Accounts terminated due to policy violations will not be refunded.

Privacy policy

Evoke Digital LTD services, including (without limitation) our website and other interactive properties through which the services are delivered (collectively, the “Service”) are owned, operated and distributed by Evoke Digital LTD (referred to in this Privacy Notice as “Evoke Digital LTD” or “we” and through similar words such as “us,” “our,” etc.). This Privacy Notice outlines the personal information that Evoke Digital LTD may collect, how Evoke Digital LTD uses and safeguards that information, and with whom we may share it.

Evoke Digital LTD encourages its customers, visitors, business associates, and other interested parties to read this Privacy Notice, which applies to all users. By using our Service or submitting personal information to Evoke Digital LTD by any other means, you acknowledge that you understand and agree to be bound by this Privacy Notice, and agree that Evoke Digital LTD may collect, process, transfer, use, and disclose your personal information as described in this Notice. Further, by accessing any part of the Service, you are agreeing to THE TERMS AND CONDITIONS OF OUR TERMS OF SERVICE (the “Terms of Service”). IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY NOTICE OR OUR TERMS OF SERVICE, PLEASE DO NOT USE ANY OF THE SERVICES.

What personal information do we collect about you?

Personal information (also commonly known as personally identifiable information (PII) or personal data) is information that can be used to identify you, or any other individual to whom the information may relate.

The personal information that we collect directly from those registering for the Service, includes the following categories:

  • Name and contact information (e.g. address; phone number; email, fax);
    Billing Information (e.g. credit card, bank account, billing contact information);

  • Order Information (e.g. current order/purchase information, purchase history, shipping details);

  • Travel Information (e.g. booking numbers, passport information, flight numbers, travel details);

  • Company/employer information;

  • Geographic or location information;

  • Information contained in posts you may on the public forums and interactive features of the Service;

  • Other information that may be exchanged in the course of engaging with the Service.  You will be aware of any subsequently collected information because it will come directly from you.

 

Collection of User Generated Content

We may invite you to post content on the Service, including your comments and any other information that you would like to be available on the Service, which may become public (“User Generated Content”). If you post User Generated Content, all of the information that you post will be available to authorized personnel of Evoke Digital LTD. You expressly acknowledge and agree that we may access in real-time, record and store archives of any User Generated Content on our servers to make use of them in connection with the Service. If you submit a review, recommendation, endorsement, or other User Generated Content through the Service, or through other websites including Facebook, Instagram, Google, Yelp, and other similar channels, we may share that review, recommendation, endorsement or content publicly on the Service.

 

What are the sources of personal information collected by Evoke Digital LTD?

When providing personal information to Evoke Digital LTD as described in this Notice, that personal information is collected directly from you, and you will know the precise personal information being collected by us. Evoke Digital LTD does not collect personal information from any other sources, except where it may automatically be collected as described in the section titled “Cookies, Device Data, and How it is Used, if the information in that section is considered personal information.

 

Why does Evoke Digital LTD collect your personal information?

Subject to the terms of this Privacy Notice, Evoke Digital LTD uses the above described categories of personal information in several ways. Unless otherwise stated specifically, the above information may be used for any of the following purposes:

  • to administer the Service to you;

  • to respond to your requests;

  • to distribute communications relevant to your use of the Service, such as system updates or information about your use of the Service;

  • as may be necessary to support the operation of the Service, such as for billing, account maintenance, and record-keeping purposes;

  • to send to you Evoke Digital LTD solicitations, product announcements, and the like that we feel may be of interest to you. Please note that you may “opt-out” of receiving these
    marketing materials;

  • in other manners after subsequent notice is provided to you and/or your consent is obtained, if necessary;

  • Evoke Digital LTD does not sell, re-sell, or distribute for re-sale your personal information.

 

How do we share your Personal Information with third parties?

If you agree to this in writing, we may provide any of the described categories of personal information to Evoke Digital LTD employees, consultants, affiliates or other businesses or persons for the purpose of processing such information on our behalf in order to provide the Service to you. In such circumstances, we require that these parties agree to protect the confidentiality of such information consistent with the terms of this Privacy Notice.

We will not share your personal information with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature which you will specifically be able to opt-out of.

In addition, we may release personal information: (i) to the extent we have a good-faith belief that such action is necessary to comply with any applicable law; (ii) to enforce any provision of the Terms of Service, protect ourselves against any liability, defend ourselves against any claims, protect the rights, property and personal safety of any user, or protect the public welfare; (iii) when disclosure is required to maintain the security and integrity of the Service or to protect any user’s security or the security of other persons, consistent with applicable laws (iv) to respond to a court order, subpoena, search warrant, or other legal process, to the extent permitted and as restricted by law; or (v) in the event that we go through a business transition, such as a merger, divestiture, acquisition, liquidation or sale of all or a portion of our assets.

 

Direct Marketing Communications

We may communicate with you using email, SMS, and other channels (sometimes through automated means) as part of our effort to market our products or services, administer or

improve our products or services, or for other reasons stated in this Privacy Notice. You have an opportunity to withdraw consent to receive such direct marketing communications, as permitted by law.

If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by submitting a request, or by using the UNSUBSCRIBE link in any email communication you may have received.

Please note that you may continue to receive non-marketing communications as may be required to maintain your relationship with Evoke Digital LTD.

In addition to the communication described here, you may receive third-party marketing communications from providers we have engaged to market or promote our products and services. These third-party providers may be using communications lists they have acquired on their own, and you may have opted-in to those lists through other channels.  If you no longer wish to receive emails, SMSs, or other communications from such third parties, you may need to contact that third party directly.

 

Retention of Data

Evoke Digital LTD will retain your personal information only for as long as is necessary for the purposes set out in this Notice. We will retain and use personal information 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.

Evoke Digital LTD will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Sites and/or Portals, or we are legally obligated to retain this data for longer periods.

 

South African Privacy Rights

If you are a South African resident, South African law may provide you with certain rights with regard to your personal information under the Protection of Personal Information Act (“POPIA”) and Promotion of Access to Information Act (“PAIA”) as well the Consumer Protection Act. Throughout this Privacy Notice you will find information required by POPIA regarding the categories of personal information collected from you; the purposes for which we use personal information, and the categories of third parties your data may be shared with.  This information is current as of the date of the Notice and is applicable in the 12 months preceding the effective date of the Notice.

As a South African resident, the POPIA and PAIA provide you the ability to make inquiries regarding to your personal information. Specifically, the degree to which the information is

not already provided in this Privacy Notice, you have the right to request disclosure or action your personal information, including:

  • If your personal information is collected by us.

  • The specific pieces of personal information collected about you.

  • The ability to correct or delete certain personal information collected about you.

  • The ability to delete all the personal information collected about you, subject to certain exceptions.

  • To opt-in or opt-out of direct marketing to you.

  • in other manners after subsequent notice is provided to you and/or your consent is obtained, if necessary;

  • To object to processing of your personal information, or

  • Appeal any rejection of access to your personal information

 

Information Storage and Security

We employ industry-standard and/or generally accepted security measures designed to secure the integrity and confidentiality of all information submitted through the Service. However, the security of information transmitted through the internet or via a mobile device can never be guaranteed. We are not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data.

Users of the Service are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of the Service. In order to protect you and your information, we may suspend your use of any of the Service, without notice, pending an investigation, if any breach of security is suspected.

 

External Links

The Service may contain links to other websites maintained by third parties. Please be aware that we exercise no control over linked sites and Evoke Digital LTD is not responsible for the privacy practices or the content of such sites. Each linked site maintains its own independent privacy and data collection policies and procedures, and you are encouraged to view the privacy policies of these other sites before providing any personal information.

You hereby acknowledge and agree that Evoke Digital LTD is not responsible for the privacy practices, data collection policies and procedures, or the content of such third-party sites, and you hereby release Evoke Digital LTD from any and all claims arising out of or related to the privacy practices, data collection policies and procedures, and/or the content of such third-party sites.

Changes to this Privacy Notice

Evoke Digital LTD reserves the right to modify this Privacy Notice from time to time in order that it accurately reflects the regulatory environment and our data collection principles. When material changes are made to this Privacy Notice, Evoke Digital LTD will post the revised Notice on our website. This Privacy Notice was last modified as of June 2021.

 

Contact Us

If you have any questions or comments about this Privacy Notice or the Service provided by Evoke Digital LTD, please contact us on +44 20 4532 2218 or 5 Maynooth Park, Greenfield, Maynooth, Kildare, Ireland.

 services, including (without limitation) our website and other interactive properties through which the services are delivered (collectively, the “Service”) are owned, operated and distributed by Evoke Digital LTD (referred to in this Privacy Notice as “Evoke Digital LTD” or “we” and through similar words such as “us,” “our,” etc.). This Privacy Notice outlines the personal information that Evoke Digital LTD may collect, how Evoke Digital LTD uses and safeguards that information, and with whom we may share it.

Evoke Digital LTD encourages its customers, visitors, business associates, and other interested parties to read this Privacy Notice, which applies to all users. By using our Service or submitting personal information to Evoke Digital LTD by any other means, you acknowledge that you understand and agree to be bound by this Privacy Notice, and agree that Evoke Digital LTD may collect, process, transfer, use, and disclose your personal information as described in this Notice. Further, by accessing any part of the Service, you are agreeing to THE TERMS AND CONDITIONS OF OUR TERMS OF SERVICE (the “Terms of Service”). IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY NOTICE OR OUR TERMS OF SERVICE, PLEASE DO NOT USE ANY OF THE SERVICES.

 

What personal information do we collect about you?

Personal information (also commonly known as personally identifiable information (PII) or personal data) is information that can be used to identify you, or any other individual to whom the information may relate.

The personal information that we collect directly from those registering for the Service, includes the following categories:

  • Name and contact information (e.g. address; phone number; email, fax);
    Billing Information (e.g. credit card, bank account, billing contact information);

  • Order Information (e.g. current order/purchase information, purchase history, shipping details);

  • Travel Information (e.g. booking numbers, passport information, flight numbers, travel details);

  • Company/employer information;

  • Geographic or location information;

  • Information contained in posts you may on the public forums and interactive features of the Service;

  • Other information that may be exchanged in the course of engaging with the Service.  You will be aware of any subsequently collected information because it will come directly from you.

 

Collection of User Generated Content

We may invite you to post content on the Service, including your comments and any other information that you would like to be available on the Service, which may become public (“User Generated Content”). If you post User Generated Content, all of the information that you post will be available to authorized personnel of Evoke Digital LTD. You expressly acknowledge and agree that we may access in real-time, record and store archives of any User Generated Content on our servers to make use of them in connection with the Service. If you submit a review, recommendation, endorsement, or other User Generated Content through the Service, or through other websites including Facebook, Instagram, Google, Yelp, and other similar channels, we may share that review, recommendation, endorsement or content publicly on the Service.

 

What are the sources of personal information collected by Evoke Digital LTD?

When providing personal information to Evoke Digital LTD as described in this Notice, that personal information is collected directly from you, and you will know the precise personal information being collected by us. Evoke Digital LTD does not collect personal information from any other sources, except where it may automatically be collected as described in the section titled “Cookies, Device Data, and How it is Used, if the information in that section is considered personal information.

 

Why does Evoke Digital LTD collect your personal information?

Subject to the terms of this Privacy Notice, Evoke Digital LTD uses the above described categories of personal information in several ways. Unless otherwise stated specifically, the above information may be used for any of the following purposes:

  • to administer the Service to you;

  • to respond to your requests;

  • to distribute communications relevant to your use of the Service, such as system updates or information about your use of the Service;

  • as may be necessary to support the operation of the Service, such as for billing, account maintenance, and record-keeping purposes;

  • to send to you Evoke Digital LTD solicitations, product announcements, and the like that we feel may be of interest to you. Please note that you may “opt-out” of receiving these
    marketing materials;

  • in other manners after subsequent notice is provided to you and/or your consent is obtained, if necessary;

  • Evoke Digital LTD does not sell, re-sell, or distribute for re-sale your personal information.

 

How do we share your Personal Information with third parties?

If you agree to this in writing, we may provide any of the described categories of personal information to Evoke Digital LTD employees, consultants, affiliates or other businesses or persons for the purpose of processing such information on our behalf in order to provide the Service to you. In such circumstances, we require that these parties agree to protect the confidentiality of such information consistent with the terms of this Privacy Notice.

We will not share your personal information with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature which you will specifically be able to opt-out of.

In addition, we may release personal information: (i) to the extent we have a good-faith belief that such action is necessary to comply with any applicable law; (ii) to enforce any provision of the Terms of Service, protect ourselves against any liability, defend ourselves against any claims, protect the rights, property and personal safety of any user, or protect the public welfare; (iii) when disclosure is required to maintain the security and integrity of the Service or to protect any user’s security or the security of other persons, consistent with applicable laws (iv) to respond to a court order, subpoena, search warrant, or other legal process, to the extent permitted and as restricted by law; or (v) in the event that we go through a business transition, such as a merger, divestiture, acquisition, liquidation or sale of all or a portion of our assets.

 

Direct Marketing Communications

We may communicate with you using email, SMS, and other channels (sometimes through automated means) as part of our effort to market our products or services, administer or

improve our products or services, or for other reasons stated in this Privacy Notice. You have an opportunity to withdraw consent to receive such direct marketing communications, as permitted by law.

If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by submitting a request, or by using the UNSUBSCRIBE link in any email communication you may have received.

Please note that you may continue to receive non-marketing communications as may be required to maintain your relationship with Evoke Digital LTD.

In addition to the communication described here, you may receive third-party marketing communications from providers we have engaged to market or promote our products and services. These third-party providers may be using communications lists they have acquired on their own, and you may have opted-in to those lists through other channels.  If you no longer wish to receive emails, SMSs, or other communications from such third parties, you may need to contact that third party directly.

 

Retention of Data

Evoke Digital LTD will retain your personal information only for as long as is necessary for the purposes set out in this Notice. We will retain and use personal information 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.

Evoke Digital LTD will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Sites and/or Portals, or we are legally obligated to retain this data for longer periods.

 

South African Privacy Rights

If you are a South African resident, South African law may provide you with certain rights with regard to your personal information under the Protection of Personal Information Act (“POPIA”) and Promotion of Access to Information Act (“PAIA”) as well the Consumer Protection Act. Throughout this Privacy Notice you will find information required by POPIA regarding the categories of personal information collected from you; the purposes for which we use personal information, and the categories of third parties your data may be shared with.  This information is current as of the date of the Notice and is applicable in the 12 months preceding the effective date of the Notice.

As a South African resident, the POPIA and PAIA provide you the ability to make inquiries regarding to your personal information. Specifically, the degree to which the information is

not already provided in this Privacy Notice, you have the right to request disclosure or action your personal information, including:

  • If your personal information is collected by us.

  • The specific pieces of personal information collected about you.

  • The ability to correct or delete certain personal information collected about you.

  • The ability to delete all the personal information collected about you, subject to certain exceptions.

  • To opt-in or opt-out of direct marketing to you.

  • in other manners after subsequent notice is provided to you and/or your consent is obtained, if necessary;

  • To object to processing of your personal information, or

  • Appeal any rejection of access to your personal information

Information Storage and Security

We employ industry-standard and/or generally accepted security measures designed to secure the integrity and confidentiality of all information submitted through the Service. However, the security of information transmitted through the internet or via a mobile device can never be guaranteed. We are not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data.

Users of the Service are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of the Service. In order to protect you and your information, we may suspend your use of any of the Service, without notice, pending an investigation, if any breach of security is suspected.

 

External Links

The Service may contain links to other websites maintained by third parties. Please be aware that we exercise no control over linked sites and Evoke Digital LTD is not responsible for the privacy practices or the content of such sites. Each linked site maintains its own independent privacy and data collection policies and procedures, and you are encouraged to view the privacy policies of these other sites before providing any personal information.

You hereby acknowledge and agree that Evoke Digital LTD is not responsible for the privacy practices, data collection policies and procedures, or the content of such third-party sites, and you hereby release Evoke Digital LTD from any and all claims arising out of or related to the privacy practices, data collection policies and procedures, and/or the content of such third-party sites.

 

Changes to this Privacy Notice

Evoke Digital LTD reserves the right to modify this Privacy Notice from time to time in order that it accurately reflects the regulatory environment and our data collection principles. When material changes are made to this Privacy Notice, Evoke Digital LTD will post the revised Notice on our website. This Privacy Notice was last modified as of June 2021.

Contact Us

If you have any questions or comments about this Privacy Notice or the Service provided by Evoke Digital LTD, please contact us on +44 20 4532 2218 or 5 maynooth park, Greenfield, Maynooth, Kildare, W23 V0P2

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