Terms of Use

1. Introduction

Welcome to the website of ZFMK Creative Firm, (Zachary Kunstman doing business as ZFMK Creative). This website and any services provided by ZFMK Creative Firm are subject to the terms of service outlined in this document. By accessing or using the website, you agree to be bound by these terms of service. If you do not agree to these terms, you are not permitted to use the website.

1.1 Contact

ZFMK Creative Firm is a creative agency based in the United States, with clients in the United States and Sweden. Our contact details are as follows:

ZFMK Creative Firm

Email: info@zfmkcreative.com

The purpose of the website is to provide information about our services and to allow users to connect with us and access various resources. Please read these terms of service carefully before using the website. If you have any questions or concerns, please do not hesitate to contact us.

1.2 Branches

ZFMK Creative Firm is the parent company overseeing two branches: "ZFMK Creative Firm - Door Peninsula" and "ZFMK Creative Firm - Stockholm.”

"ZFMK Creative Firm - Door Peninsula" serves clients based in the United States and Canada, and is responsible for the collection, use, and protection of personal data of clients in these countries. It is governed by the General Data Protection Regulation (GDPR) and the laws of the State of Wisconsin, United States.

"ZFMK Creative Firm - Stockholm" serves clients based in European countries, and is responsible for the collection, use, and protection of personal data of clients in these countries. It is governed by the GDPR and the laws of Sweden.

Both branches of ZFMK Creative Firm are bound by contract to process personal data only in accordance with the instructions of the data controller and to protect the security of the personal data. If you have any questions or concerns about the processing of your personal data by either branch of ZFMK Creative Firm.

2. Scope of Terms of Service

These terms of service apply to all users of the website, including visitors, clients, and any third parties. The terms of service do not apply to any external websites or third-party applications that may be linked to from the website. We encourage you to review the terms of service and privacy policies of any external websites or third-party applications that you access through the website.

By accessing or using the website or any services provided by ZFMK Creative Firm, you acknowledge and agree to be bound by these terms of service. If you do not agree to these terms, you are not permitted to use the website or any services provided by ZFMK Creative Firm.

We reserve the right to update or modify these terms of service at any time, with any changes becoming effective upon posting on the website. It is your responsibility to review the terms of service regularly and to be aware of any changes. Your continued use of the website or services provided by ZFMK Creative Firm after any changes have been made constitutes your acceptance of the revised terms of service. If you do not agree to the revised terms of service, you must stop using the website and any services provided by ZFMK Creative Firm.

3. Data Protection and Privacy

At ZFMK Creative Firm, we are committed to protecting the privacy of our users and complying with the General Data Protection Regulation (GDPR). This section outlines our policies and practices with respect to the collection, use, and protection of personal data.

By accessing or using the website or any services provided by ZFMK Creative Firm, you acknowledge and agree to the collection, use, and sharing of your personal data as described in this section.

3.1 Types of personal data collected

We may collect the following types of personal data through the website:

        • Name

        • Email address

        • Any other information that you choose to provide through the website, such as in forms or through interactions with our blog or online store

3.2 Use of personal data

We may use your personal data for the following purposes:

        • To provide the resources and services that you request through the website, including through our online store and virtual meetings

        • To keep you updated on your purchases and to provide proof of purchase

        • For marketing purposes, such as sending you newsletters or promotional materials

        • To respond to your inquiries or requests for information

        • For internal business purposes, such as data analysis and quality improvement

3.3 Your rights under the GDPR

Under the GDPR, you have the following rights with respect to your personal data:

        • The right to access your personal data and to request a copy of your personal data that we hold

        • The right to rectify any inaccuracies in your personal data

        • The right to erase your personal data, subject to certain legal exceptions

        • The right to restrict the processing of your personal data, in certain circumstances

        • The right to object to the processing of your personal data, in certain circumstances

        • The right to withdraw your consent to the processing of your personal data at any time, where consent is the basis for the processing

You may exercise these rights by contacting us using the contact details provided in section 1 of these terms of service.

3.4 Security measures

We have implemented appropriate technical and organizational measures to protect your personal data from unauthorized access, misuse, or disclosure. 

Squarespace, the hosting platform for our website, has implemented appropriate technical and organizational measures to protect personal data from unauthorized access, misuse, or disclosure. These measures include secure servers, firewalls, and encryption of data in transit.

While we take reasonable steps to protect personal data, please be aware that no data transmission over the internet can be guaranteed to be completely secure. As a result, we cannot guarantee the security of any personal data that you transmit to us or that we transmit to you. You transmit all personal data at your own risk.

3.5 Data retention

We will retain your personal data for as long as is necessary for the purposes for which it was collected, or as required by applicable law. When your personal data is no longer needed, we will take steps to securely erase or de-identify it.

3.6 Data transfer and processing

We may transfer and process your personal data in the United States and in other countries (Sweden) where we or our service providers operate. These countries may have different data protection laws than your country of residence. By using the website or services provided by ZFMK Creative Firm, you acknowledge and agree to the transfer and processing of your personal data as described in this section.

3.7 Data controller and data processor

For the purposes of the GDPR, ZFMK Creative Firm is the data controller of your personal data. This means that we are responsible for determining the purposes for which and the means by which your personal data is processed.

Squarespace, the hosting platform for our website, acts as a data processor for certain personal data that is collected through the website. This means that Squarespace processes this personal data on our behalf, as the data controller. Squarespace is bound by contract to process this personal data only in accordance with our instructions and to protect the security of the personal data. Squarespace provides various data protection and cookie management features to help us comply with the General Data Protection Regulation (GDPR) and EU/UK cookie requirements. For more information about these features and how they may be used, please visit Squarespace's website or contact us using the contact details provided in section 1 of these terms of service.

We may use third-party service providers to process your personal data on our behalf. These service providers are data processors and are bound by contract to process your personal data only in accordance with our instructions and to protect the security of your personal data.

Zoho CRM is a third-party data processor that we may use to process certain personal data that is collected through the website. This may include personal data that is collected through forms on the website, such as the generic subscribe form, the contact form, and the forms accessed via email and through the "Work With Us" and "Book a Time" buttons.

Zoho CRM acts as a data processor for this personal data, meaning that it processes the data on our behalf, as the data controller. Zoho CRM is bound by contract to process this personal data only in accordance with our instructions and to protect the security of the personal data. We use Zoho CRM to create profiles of our clients and to better direct future correspondence according to their preferences.

By accessing or using the website or any services provided by ZFMK Creative Firm, you acknowledge and agree to the transfer and processing of your personal data by Zoho CRM as described in this section. Please note that Zoho CRM's privacy policy and terms of service may differ from ours, and we encourage you to review these documents before providing any personal data through the website. If you have any questions or concerns about the processing of your personal data by Zoho CRM, please do not hesitate to contact us using the contact details provided in section 1 of these terms of service.

3.8 Changes to this policy

We reserve the right to update or modify this privacy policy at any time, with any changes becoming effective upon posting on the website. It is your responsibility to review this privacy policy regularly and to be aware of any changes. Your continued use of the website or services provided by ZFMK Creative Firm after any changes have been made constitutes your acceptance of the revised privacy policy. If you do not agree to the revised privacy policy, you must stop using the website and any services provided by ZFMK Creative Firm.

3.9 Contact us

If you have any questions or concerns about our collection, use, or protection of your personal data, or if you wish to exercise your rights under the GDPR, please do not hesitate to contact us using the contact details provided in section 1 of these terms of service. You also have the right to file a complaint with the relevant supervisory authority if you believe that your rights have been infringed.

4. Intellectual Property

The website and all content, materials, resources, downloads, and services provided by ZFMK Creative Firm, including text, graphics, logos, images, audio and video clips, and software, are the intellectual property of ZFMK Creative Firm or its licensors and are protected by copyright and other intellectual property laws.

You may not use any content, materials, or services provided by ZFMK Creative Firm for any commercial or public use without the prior written consent of ZFMK Creative Firm. You may not reproduce, distribute, modify, display, or create derivative works of any content, materials, or services provided by ZFMK Creative Firm without the prior written consent of ZFMK Creative Firm.

You may use the website and any content, materials, or services provided by ZFMK Creative Firm for personal, non-commercial use only. You must not alter or remove any copyright, trademark, or other proprietary notices that appear on the website or any content, materials, or services provided by ZFMK Creative Firm.

Any unauthorized use of the website or any content, materials, or services provided by ZFMK Creative Firm may violate copyright, trademark, and other intellectual property laws and may result in legal action.

If you have any questions or concerns about the intellectual property rights of ZFMK Creative Firm or any third parties, please do not hesitate to contact us using the contact details provided in section 1 of these terms of service.

5. Disclaimer of Warranties

The website and all content, materials, and services provided by ZFMK Creative Firm are provided on an "as is" and "as available" basis. ZFMK Creative Firm makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, or services provided by ZFMK Creative Firm.

To the full extent permissible by applicable law, ZFMK Creative Firm disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. ZFMK Creative Firm does not warrant that the website, content, materials, or services provided by ZFMK Creative Firm will be uninterrupted or error-free, and ZFMK Creative Firm will not be liable for any interruptions or errors.

ZFMK Creative Firm does not warrant that the website or any content, materials, or services provided by ZFMK Creative Firm will be free from viruses or other harmful components. It is your responsibility to take appropriate precautions to protect yourself and your computer systems from viruses and other harmful components.

ZFMK Creative Firm will not be liable for any damages of any kind arising from the use of the website or any content, materials, or services provided by ZFMK Creative Firm, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.

This disclaimer of warranties applies to the fullest extent permitted by law. If any part of this disclaimer of warranties is invalid or unenforceable under applicable law, the remaining provisions will remain in full force and effect.

6. Governing Law and Jurisdiction

6.1 Governing law

These terms of service and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of the country in which the client is based.

For clients based in the United States or Canada, these terms of service shall be governed by and construed in accordance with the laws of the State of Wisconsin, United States. Any disputes arising out of or in connection with these terms of service shall be brought in the courts of the State of Wisconsin, United States, and you hereby consent to the jurisdiction of such courts.

For clients based in European countries, these terms of service shall be governed by and construed in accordance with the laws of Sweden. Any disputes arising out of or in connection with these terms of service shall be brought in the courts of Sweden, and you hereby consent to the jurisdiction of such courts.

6.2 Data protection laws

The collection, use, and protection of personal data of clients based in the United States or Canada shall be governed by the General Data Protection Regulation (GDPR) and the laws of the State of Wisconsin, United States.

The collection, use, and protection of personal data of clients based in European countries shall be governed by the GDPR and the laws of Sweden.

6.3 Legal entities

ZFMK Creative Firm serves as the name overseeing two branches with "ZFMK Creative Firm - Door Peninsula" serving clients based in the United States and Canada, and "ZFMK Creative Firm - Stockholm" serving clients based in European countries.

If you have any questions or concerns about the governing law or jurisdiction of these terms of service, or the data protection laws that apply to your personal data, please do not hesitate to contact us using the contact details provided in section 1 of these terms of service.

7. Enforcement

The failure of ZFMK Creative Firm to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision. If any provision of these terms of service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these terms of service remain in full force and effect.

These terms of service constitute the entire agreement between you and ZFMK Creative Firm and govern your use of the website and any services provided by ZFMK Creative Firm. They supersede any prior agreements between you and ZFMK Creative Firm, whether written or oral.

These terms of service, and any disputes arising out of or in connection with them, shall be governed by and construed in accordance with the laws of the country in which the client is based. For clients based in the United States or Canada, these terms of service shall be governed by and construed in accordance with the laws of the State of Wisconsin, United States. Any disputes arising out of or in connection with these terms of service shall be brought in the courts of the State of Wisconsin, United States, and you hereby consent to the jurisdiction of such courts. For clients based in European countries, these terms of service shall be governed by and construed in accordance with the laws of Sweden. Any disputes arising out of or in connection with these terms of service shall be brought in the courts of Sweden, and you hereby consent to the jurisdiction of such courts.

By accessing or using the website or any services provided by ZFMK Creative Firm, you acknowledge and agree to be bound by these terms of service. If you do not agree to these terms of service, you must not access or use the website or any services provided by ZFMK Creative Firm.