Welcome to the website of RZGraphics (Rafael Zarza Garcia, registered office in Rotterdam, The Netherlands, tax ID NL002482601B32). By visiting this website, you engage to accept the general terms and conditions hereby.
RZGraphics owns any intellectual and industrial property rights regarding the contents of this website, as well as the elements contained therein such as: graphic design, images or source code; and the use or access to this website and/or its services shall not be construed to attribute its user any right on trademarks, symbols, trade names or logos that may appear in it.
Any reproduction, distribution, dissemination or transmission of the contents within this website, in part or in whole (especially for commercial purposes), in any medium and by any means, is expressly prohibited without prior written permission by RZGraphics.
Any data sent to RZGraphics for consultation, quotation, collaboration or service provision may be stored and processed within the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
RZGraphics reserves the right to make unannounced changes as deemed appropriate in this website. In this regard any content and services provided herewith may be changed, deleted or added as may the way in which they are presented or arranged.
RZGraphics shall not be deemed responsible regarding any third-party information nor content that may be linked from this website which, thus, did not produce directly. Any information or images on this website shall be construed as examples and in no case shall they oblige RZGraphics, strictly unless it is stated on a written agreement, quotation or service sheet approved by the user of our services.
RZGraphics shall all reasonable efforts to keep this website in proper operation. However, we shall not be held responsible for damages that may arise from connection interferences or breakdowns, downtime, computer viruses, malware or any other factors beyond our direct control.
RZGraphics shall have the right to modify the terms and conditions herein at any moment. The validity of these terms and conditions shall depend on their display and they shall be in force until they are modified by duly published new ones.
Should you, as a visitor to this website, wish to communicate with RZGraphics, please use the contact section options.
DATA CONTROLLER AND OWNER:
1. USER CONSENT AND DISCLAIMER
1.1. USER CONSENT
1.2. TYPES OF DATA
- A User’s Content can comprise two types of User data: “Personal Data” is used herein to refer to any data that allows someone to identify or contact an individual User; whereas “Non-personal Data” is used herein to refer to any data which does not, of itself, directly identify the individual User.
1.3. MINIMUM AGE REQUIREMENT
- Access to the Site and its services, products, and contents are expressly forbidden to any persons under the age of 13; if any Personal Data (and/or Non-personal Data) is collected, used, or disclosed by the Site on persons under the age of 13, then it is not done so intentionally. In the European Union, the age limitation is 16. Thus, if this jurisdiction applies to you, RZ RAPHICS will not knowingly collect, maintain, or use personal information from children under age 16.
1.4. DATA PERMISSION
1.5. DATA STORAGE
- Although all reasonable care will be taken by RZ GRAPHICS in the protection of the Site’s contents, including its Personal Data and Non-personal Data, RZ GRAPHICS can not guarantee their absolute security, and RZ GRAPHICS is not liable for any loss of Personal Data and/or Non-personal Data and any loss in whatsoever form arising to any party(s) as a result of the loss of Personal Data and/or Non-personal Data. RZ GRAPHICS is not obligated to backup any User Content, including Personal Data and Non-personal Data, and User Content may be deleted and/or lost at any time; the User should note that the responsibility to create backup copies of a User’s own Content, including any Images, rests solely with the User himself. Following task closure, the collaboration page, its files, messages, marks, and images are deleted. The high-resolution images will be accessible by the Client through his User account, but only for a finite
- period of time as deemed reasonable exclusively by RZ GRAPHICS. It is fully and solely the User’s responsibility to ensure he has obtained and made backups of the final high-resolution images.
1.6. DATA MAINTENANCE
- All Users are fully and solely responsible for the entirety of their User Content, including their Personal Data and Non-personal Data; it is the User’s responsibility to ensure that all their User Content, including their Personal Data and Non-personal Data, is: accurate, complete, reliable, useful, appropriate, true and integral.
1.7. DATA DELETION
- User’s may delete their User Content, including Personal Data and Non-personal Data but should note that RZ GRAPHICS may keep some or all of the User Content present in a User’s account and not delete it until a later stage (if ever) when all possible requirements linked to that User Content have been fulfilled (for example, with regards to the provision of services, for fraud prevention, to comply with any legal obligations, to resolve disputes, to help enforce agreements, etc.). When RZ GRAPHICS deletes any User Content, including Personal Data and/or Non-personal Data, this User Content will be deleted from the active database but may remain in RZGRAPHICS archives; this archived version is in no way and under no circumstances intended to act as a backup and is not available to any User, including the author (User) of the archived User Content. A User can delete their User account and their entire User Content, including Personal Data and Non-personal Data, through their User account or by emailing or calling the Site, but only when said User account is inactive. Following the deletion of a User’s account by the User
1.8. GENERAL DISCLAIMERS
- At your request, we will provide you with reasonable access to your personal information, so that you can review what we have stored and, if you choose, request corrections to it. You may request access by writing to us at the email address listed in the Contact Information section below. After you request access, we will provide the personal information that you request as soon as practically possible and generally no later than thirty days following the request. If you wish to correct your personal information, please send us a written explanation of the particular information that you believe should be corrected. Where information will not or cannot be accessed or amended, we will tell you the reasons. RZ GRAPHICS stores, collects, and otherwise processes information mainly in Berlin, Germany, and in Columbus, Ohio, U.S.A. If you are residing in the European Union/ the European Economic Area, you have the right to:
- access your personal information, rectify it, restrict or object to its processing, or request its deletion,
- to receive the personal information you provided to RZ GRAPHICS or to transmit it to another company. More specifically, based on the European Union laws, you may request and receive copies of the personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
- to withdraw any consent provided,
- where applicable, to lodge a complaint with your supervisory authority.
We encourage you to contact us and we will respond in due time to settle all your questions and requests to the extent permitted by law.
2. PERSONAL DATA
2.1. COLLECTION OF PERSONAL DATA
“Personal Data” is used herein to refer to any data that allows someone to identify or contact an individual User; in the case of the Site, Personal Data is likely to include a User’s: avatar, ID, name,
surname, address, email, telephone number, bank details, credit card details, dates of birth and identification documents and is largely collected when the User creates his User account. Credit card details will be stored by the designated third party professional payment platform and not by RZ GRAPHICS, who accepts no responsibility or liability whatsoever for any loss in any way related to such Personal Data; the User should familiarise themselves with the relevant third
any similar data), or data that permanently identifies a particular device (such as a unique device identifier if such an identifier cannot be reset).
2.2. USE OF PERSONAL DATA
Personal Data is, in general, used by RZ GRAPHICS to allow and subsequently improve the User’s and/or other Users’ experience with the Site. RZ GRAPHICS uses Personal Data to: allow the creation of a single, secure User account which will allow the User access to the Site and its services; identify a User’s movements and interactions within the Site; inform internal research and development that could improve the Site and its services; customise the Site to match a User’s preferences; respond to a User’s request; send administrative notifications and promotional materials to Users; block Site access to suspended Users; marketing and surveys; sending service update notices; enabling sales and other transactions; processing payments
and settlement; sending payouts; handling orders; providing receipts; providing customer service; providing dispute resolution, chargebacks, refunds, or related issues; recovering debt and collections; detecting and preventing fraud; detecting and preventing violations of our legal agreements; measuring, improving, and customizing our services; fulfilling other technical, financial, legal, compliance, administrative, or back-office functions.
2.3. DISCLOSURE OF PERSONAL DATA
The disclosure of Personal Data to other Users is kept to a minimum. The more sensitive elements of a User’s Personal Data (such as the User’s name, surname, address, email, telephone number, bank details, and/or credit card details) are visible solely to the User himself and RZ GRAPHICS.
RZ GRAPHICS may have to disclose some or all of a User’s Personal Data to third-party service providers so that RZ GRAPHICS may, with the assistance of these third-party service providers, deliver the Site’s services to the User. These third-party service providers are required to use a User’s Personal Data solely to provide the services requested by RZ GRAPHICS; any Personal
access to the Site for the purpose of maintenance, revisions, updates, etc. Other disclosures of Personal Data may occur where RZ GRAPHICS believes, in good faith, that such disclosure is necessary, for example: in conjunction with any disputes, investigations and/or legal proceedings; in compliance with any relevant laws and regulations; in defense of RZ GRAPHICS or any other Users’ rights and property; etc.
2.4. STORAGE OF PERSONAL DATA
RZ GRAPHICS is committed to protecting the security of the Site’s contents, including a User’s Personal Data; the Site uses password hashing to protect a User’s account, and it is fully and solely the User’s responsibility to keep said password safe and unknown to other Users and/or unauthorized persons; whilst credit card details are stored off-Site by a third party professional payment platform.
2.5. MODIFYING PERSONAL DATA
2.6. TESTIMONIALS AND FEEDBACK
The Site allows all Users to supply feedback, testimonials, and/or endorsements; any feedback is viewed solely by RZ GRAPHICS, whilst testimonials and endorsements may be displayed on the Site along with the User’s name, unless said User wishes to remain anonymous, in which case the User’s avatar will be used. Once submitted, all feedback, testimonials, and endorsements belong to RZ GRAPHICS, but may be modified, updated, and/or deleted by the author (User) by emailing or calling RZ GRAPHICS.
2.7. THIRD PARTIES, LINKED SITES, AND ADVERTISEMENTS
3. NON-PERSONAL DATA
3.1. NON-PERSONAL USER DATA
In order to make full use of the Site and its services, the User will have to submit Non-personal Data, examples of which could include: any task details as required by the Site’s task form; any detailed project files; any information shared on the collaboration page; etc. The Non-personal Data entered in the Site’s task form by a User is considered low sensitivity and will be posted on the Site’s task board; the task board will be visible solely to RZ GRAPHICS, but not to any other Users. Non-personal Data such as the detailed project files is treated as being more sensitive and will be posted on the collaboration page only; any User Content posted on the collaboration page, including any conversation between the User and the RZ GRAPHICS, is visible solely to the User and RZ GRAPHICS.
3.2. DATA OWNERSHIP
All User Content, including both Personal Data and Non-personal Data, as posted by a User belongs fully and solely to that User, including any intellectual property rights associated with that User Content and all the possible liabilities and/or responsibilities that come with such ownership of that User Content; nonetheless, the User hereby agrees that any images present within an RZ GRAPHICS portfolio and can be used by RZ GRAPHICS, at RZ GRAPHICS full and
sole discretion, for advertising purposes. The only transfer of intellectual property rights allowed on the Site occurs through the Image Transfer Agreement document, where the intellectual property rights of those Images marked as completed by the User on the relevant collaboration page are transferred from the RZ GRAPHICS, who created said Images, to the User, who commissioned said Images, as evidenced in the relevant User/ RZ GRAPHICS Agreement; whilst still allowing for the use of said Images by the RZ GRAPHICS, within his portfolio, and for advertising purposes.
3.3. STORAGE OF NON-PERSONAL DATA
RZ GRAPHICS is committed to protecting the security of the Site’s contents, including a User’s Non-personal Data; the Site uses password hashing to protect a User’s account, and it is fully and solely the User’s responsibility to keep said password safe and unknown to other Users and/or unauthorized persons. Following task closure, the collaboration page, its files, messages, marks, and images are deleted. The high-resolution images will be accessible by the Client through his User account, but only for a finite period of time as deemed reasonable exclusively by RZ GRAPHICS. It is fully and solely the User’s responsibility to ensure he has obtained and made backups of the final high-resolution images.
5. Nondisclosure agreement (NDA) for RZ GRAPHICS ® client
To secure the sensitive data of our clients, we offer to sign an NDA (non-disclosure agreement) with RZ GRAPHICS. In order to sign an NDA with us, you need to apply to your client manager. What are the benefits of signing an NDA with RZ GRAPHICS and what does it guarantee?
RZ GRAPHICS respects your professional artwork as well as other intellectual property shared with us and will only use it to assist you with your goals. Your copyrights will remain yours.
RZ GRAPHICS will not take your artwork and other intellectual property for use on any other site, resell it, or give it to anyone under any circumstance.
RZ GRAPHICS guarantees that all information that you share with us, including artwork and other intellectual property, contact information, and client notes, will remain confidential.
RZ GRAPHICS will never contact your clients or the clients of your clients. We respect your business.
Notwithstanding the foregoing, RZ GRAPHICS may disclose any such information in response to a valid order of a court or other government body or as required by law, but only that portion of the Confidential Information which is legally required to be disclosed, or such information as may be required to resolve any dispute between you and RZ GRAPHICS.
When a project begins, all our clients become beneficiaries of one of the 2 types of rights to their project results.
5.1. Standard Image Rights
This is the type of rights all RZ GRAPHICS clients benefit from by default. This means that we reserve the right to use the project imagery for our marketing and advertising purposes. The materials we can use them for include, but are not limited to, social media posts and advertisements, printed and online catalogs, price lists, booklets, blog articles, our portfolio, posts on any other platforms.
It’s important to note, however, that this applies to project results only. We do not disclose any files or documents sent by the client, i.e. construction plans.
5.2. Exclusive Image Rights
Should you wish the project results to be your sole property, you can upgrade to Exclusive Image Rights. In that case, we waive all rights to use the visual content you’ve got throughout the project.