GDPR - Your Simple Website Solution

GDPR Notice

Your Simple Website Solution understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of all data and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.

1. Your Simple Website Solution contact information: [email protected], 505-715-8625.

2. What Does This Notice Cover? This Privacy Information explains how we use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data.

3. What is Personal Data? Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’. Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other on line identifiers. The personal data that we use is set out in Part 5, below.

4. What Are My Rights? Under the GDPR, you have the following rights, which we will always work to;

4.1 The right to be informed about our collection and use of your personal data. This Privacy Notice should tell you everything you need to know, but you can always contact Your Simple Website Solution to find out more or to ask any questions using the details in Part 11.

4.2 The right to access the personal data we hold about you. Part 10 will tell you how to do this.

4.3 The right to have your personal data rectified if any of your personal data held by Your Simple Website Solution is inaccurate or incomplete. Please contact Your Simple Website Solution using the details in Part 11 to find out more.

4.4 The right to be forgotten, i.e. the right to ask Your Simple Website Solution to delete or otherwise dispose of any of your personal data that we have. Please contact Your Simple Website Solution using the details in Part 11 to find out more.

4.5 The right to restrict (i.e. prevent) the processing of your personal data.

4.6 The right to object to Your Simple Website Solution using your personal data for a particular purpose or purposes.

4.7 The right to data portability. This means that you can ask Your Simple Website Solution for a copy of your personal data held by Your Simple Website Solution to re-use with another service or business in many cases.

4.8 Rights relating to automated decision-making and profiling. Part 6 explains more about how we use your personal data, including automated decision-making. For more information about our use of your personal data or exercising your rights as outlined above, please contact Your Simple Website Solution using the details provided in Part 11. Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau. If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.

5. What Personal Data Do You Collect? We may collect some or all of the following personal data (this may vary according to your relationship with Your Simple Website Solution): Name, Gender, Address, Email address, Telephone number, Business name, Job title, Payment information, Information about your preferences and interests. Your personal data is obtained from information you provided to us and Google Analytics.

6. How Do You Use My Personal Data? Under the GDPR, we must always have a lawful basis for using personal data. This may be because the data is necessary for our performance of a contract with you, because you have consented to our use of your personal data, or because it is in our legitimate business interests to use it. Your personal data may be used for one of the following purposes: Providing and managing your account. Supplying our products and services to you. Personalizing and tailoring our products and services for you. Communicating with you. This may include responding to emails or calls from you. Supplying you with information by email that you have opted-in to (you may opt-out at any time by selecting the unsubscribe link contained within automated communications. With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email, telephone, and text message with information, news, and offers on our products and services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.

7. How Long Will You Keep My Personal Data? We will not keep your personal data for any longer than is necessary in light of the reasons for which it was first collected. Your personal data will therefore not be kept in excess of 60 months following our last interaction.

8. How and Where Do You Store or Transfer My Personal Data? We may store or transfer some or all of your personal data in countries that are not part of the European Economic Area (the “EEA” consists of all EU member states, plus Norway, Iceland, and Liechtenstein). These are known as “third countries” and may not have data protection laws that are as strong as those in the UK and/or the EEA. This means that we will take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the GDPR. The security of your personal data is essential to Your Simple Website Solution, and to protect your data, we take a number of important measures.

9. Do You Share My Personal Data? Wwe may share your personal data with other companies in our group for cross-marketing purposes. This includes subsidiaries and parters. We may sometimes contract with third parties to supply products and services to you on our behalf. These may include payment processing, delivery, and marketing. In some cases, those third parties may require access to some or all of your personal data that we hold. If any of your personal data is required by a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law. We sometimes contract with third parties (as described above) that are located outside of the European Economic Area (the “EEA” consists of all EU member states, plus Norway, Iceland, and Liechtenstein). If any personal data is transferred to a third party outside of the EEA, we will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the GDPR, as explained above in Part 8. In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

10. How Can I Access My Personal Data? If you want to know what personal data we have about you, you can ask Your Simple Website Solution for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”. All subject access requests should be made in writing and sent to the email addresses shown in Part 11. There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding. We will respond to your subject access request within 30 days. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of 90 days from the date we receive your request. You will be kept fully informed of our progress.

11. How Do I Contact You? To contact Your Simple Website Solution about anything to do with your personal data and data protection, please use the following details to the attention of Donald DeLeeuw, [email protected], 505-715-8625.

12. Changes to this Privacy Notice. we may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection. Any changes will be made available on this page.

Last Edited on 8/22/2020

Our Agreement

Between Via Webs LLC (dba Your Simple Website Solution) and You

SUMMARY

We’ll always do our best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this agreement you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into agreeing to something that you might later regret. What we do want is what’s best for both parties, now and in the future. So in short; You are hiring Your Simple Website Solution to: Design and manage a one page website. Of course it’s a little more complicated, but we’ll get to that.

WHAT DO BOTH PARTIES AGREE TO?

You: You have the authority to enter into this agreement on behalf of yourself, your company or your organization. You’ll give us the assets and information we need to complete the project. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways. Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll aim to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.

DESIGN

We create designs that adapt to the capabilities of many devices and screen sizes. We create them iteratively, please view our examples. We may use visuals to indicate a creative direction (color, texture and typography). You’ll have plenty of opportunities to review our work and provide feedback. We’ll either share a Dropbox, Google Drive folder, Github repository, or development site with you and we’ll have regular contact by either phone or email. If at any stage you change your mind about what you want delivered or aren’t happy with the direction our work is taking, you may terminate this agreement only paying what’s been paid to date of notice. Conversely, if we fill we are not the best fit for your needs, we are free to terminate this agreement as well.

Text content: You are the expert in your industry and as such, can best relay proper verbiage and the message you want to deliver. We will proofread and have a copy editor review for spelling and grammar but do expect your involvement in text content creation. Graphics and photographs: Any graphics or photos supplied should be in an high-resolution digital format that you have the legal right to use. We can provide both additional cost and no cost stock photos to supplement yours.

Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device. We test our work in current versions of desktop browsers including Apple-Safari, Apple-Chrome, Windows-Chrome, Windows-Edge, Windows-Firefox, Linux-Chrome, and Linux Firefox. Mobile browser testing for smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our designs in iOS-Safari and Android-Chrome on manufacturer supported devices.

eCommerce is available at no cost by adding a link to your website that allows the visitor to jump over to your store. If 3rd party embed code is available, we can add it to the website provided it’s compatibility. This could be an eBay Page, Amazon Store, or even one we’ve used, Ecwid. Please contact us if you need fully integrated eCommerce as this is quoted on a case-by-case basis due to complexity variations.

We will add 3rd party “code snippets” as they are often called, created to embed a service from another website within yours, provided it’s compatibility and our assessment of it’s security . In the end, we anticipate no issues but know that we do not control the code provided and will decline to use code we feel will negatively impact our systems.

MANAGEMENT

We don’t want to limit your ability to change your mind or adapt to your customers needs. There is no limit on the amount of in-design changes that can be made but complexity and volume can come into play with the time it takes to complete. We ask that you give us as much time as possible and we commit to doing everything possible to ensuring it is completed in a timely manner. We can schedule a change in advance and activate the change on that day.

Website hosting (displaying your website on the internet) and security updates are included with your monthly plan. We will ensure any down-time is minimal and within the industry standard of 99.99% up-time. You website will be hosted on a server capable of rendering your page in a manner that provides a positive customer experience. We can not be held liable for slow connection speeds such as 3G cellular network or include those occasional nationwide network outages where no one is unimpaired.

There is no charge to assist in pointing your existing website domain (the WWW part) to us to serve the web pages. If you do not have a domain, we can purchase an available one for you. This will have an annual fee associated with it by the website register. An available .com would be around $15.00/year and other extensions are available.

We recommend Google G Suite when multiple email boxes are needed but do include with your plan, one domain email address with additional mailboxes available as add-ons. Mailboxes have 25MB storage quota and additional mailboxes are $3 month per mailbox. By they way, we hate spam, and those caught using their mailbox, email address, or any part of their mail account for spam, will have mail services terminated immediately.

PERFORMANCE

We don’t guarantee improvements to your website’s search engine ranking, but the web pages that we develop are accessible to, and optimized for, search engines. Websites do include the required design code for a search engine crawlers to know who you are, your keywords, and other information about your website. We will submit your website to Google, Bing, and Yahoo and provide them a website map to assist their bots in traversing the pages and making sure they are all available. We will monitor the results with Google Analytics, review those results, and adjust accordingly.

Reporting will be provided on data collected through Google Analytics. Not all data sets are available from all visitors so reporting content may vary. As well, certain laws regarding data collection (GDPR) may limit availability. Personal data like age and gender is provided in anonymous collection and dependent on traffic, low traffic website may not have the ability to acquire these specifics.

SEO includes a Page Title, Description, Keywords, H Tags, OG Tags, OG Picture, SSL, Blog Pages, optimized Image Files, alt tags, and more. With the heavy penalizing in search ranking results, SSL is a must for SEO and visitor peace of mind, and are always included.

LIABILITY

We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. Your liability to us will also be limited to the amount of fees payable under this agreement and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.

INTELLECTUAL PROPERTY

You guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property. We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property.

OWNERSHIP

Provided you’ve paid for the work and that this agreement hasn’t been terminated, we’ll assign all intellectual property rights to you as follows: You own the visual elements that we create for you. We can give you files and you should keep them somewhere safe as we’re not required to keep a copy. You own all intellectual property rights of text, images, site specification, and data you provided, unless someone else owns them. We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete website and we provide its use to you, and in perpetuity for this project only, unless we agree otherwise. Once the website is paid in full (the setup fee), we will assign ownership of the completed website to you, and make available the file structure and database of the website if requested, provided the account is current.

DISPLAYING OUR WORK

We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on our websites. We do add a ‘made-by’ at the bottom of your website for webmaster point of contact reasons. This is not required and can be removed but you agree to forward webmaster inquiries to us when received.

PAYMENT SCHEDULE

We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the payment schedule. We issue invoices electronically on the fist of the month. Our payment terms are 20 days from the date of invoice by PayPal. All proposals are quoted in USD and payments will be made at the equivalent conversion rate at the date the transfer is made. You agree to pay all charges associated with international transfers of funds. At 30 days past due your website will cease to function and no email will be forwarded if you have a domain specific email account. At 90 days past due your files will be removed from the servers and you will be subject to a once per deletion recovery fee of $30.00 plus any past due amounts before reactivation of services. If your domain was purchased with our assistance, we will not renew it and you may not get it back. We reserve the right to charge interest on all overdue debts at the rate of up to the maximum allowed by law.

Any one time setup fees are due prior to any work being performed unless otherwise agreed upon (zero down plans). This ensures a low monthly cost and no management contracts. In rearguards to our no money down payment options; If services are terminated by you prior to the agreed upon payment schedule, the remainder of the setup fee will be due with the next billing cycle.

SMALL PRINT

Just like a parking ticket, neither of us can transfer this agreement to anyone else without the other’s permission. We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this agreement and not cause the other to breach any relevant laws or regulations. This agreement stays in place and need not be renewed. If for some reason one part of this agreement becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this agreement is a legal document.

THE DOTTED LINE

Signed by you and on behalf of your company. Signed by us and on behalf of Via Webs LLC (dba Your Simple Website Solution). Again, we have no desire to trick you into signing something that you might later regret or do not fully understand. Please contact us with any questions you may have before proceeding.

Last Edited on 1/20/2022