PRIVACY & SECURITY POLICY
Introduction
This Privacy & Security Policy applies to information that Blue Designs Architectural Designers collects through the website, via inquiry emails or from Quotes, Consultancy Agreements and Meetings.
This Policy explains in detail when and why we collect personal data about you when you interact with us and how we use it. It also explains the conditions under which we may disclose it to others and how we keep it secure. We know that there’s a lot of information here but we want you to be fully informed about your rights, and how Blue Designs uses your data. We hope the following sections will answer any questions you have but if not, please do get in touch with us. Blue Designs is committed to your privacy and the protection of your information. Our Privacy & Security Policy forms part of the Terms and Conditions under which you agree to transact with us upon.
Who is Blue Designs? Blue Designs Architectural Designers is an Architectural Design firm based in Johannesburg, South Africa.
What are the legal bases we rely upon when collecting your personal data? The law on data protection sets out a number of different reasons for which a company may collect and process your personal data, including: Consent In specific situations, we collect and process your data with your consent.
An example of consent is when you tick a box to receive email newsletters. When collecting your personal data, we’ll always make clear to you which data is necessary in connection with a particular service.
Contractual obligations
In certain circumstances, we need your personal data to comply with our contractual obligations. An example of a contractual obligation is when you request a meeting or site meeting and we will need your address and telephone numbers and/or when you sign the Consultancy Agreement (the Consultancy Agreement is a SACAP - South African Council for the Architectural Profession - requirement).
Legal compliance
In certain circumstances, the law requires us to collect and process your data. An example of legal compliance is when we pass on details of people involved in fraud or other criminal activity affecting the Partnership to law enforcement.
Legitimate interest In specific situations
We require your data to pursue our legitimate interests in a way which might reasonably be expected as part of running our business and which does not materially impact your rights, freedom or interests. For example, we may contact you in the future to see if you have any additional architectural or planning work done or if you can provide us with a referral.
How do we manage Data?
Blue Designs is the data controller of the personal data that we hold and as such we process personal data only in compliance with applicable data protection laws, including the Data Protection Act 1998, the Data Protection Regulation (EU) (2016/679) (the "GDPR") and any Act deriving from the Data Protection Bill 2017, now before Parliament and any successor legislation to any of the above (together, the "Data Protection Laws").
Blue Designs will not share your personal data with third parties for direct marketing purposes, as further described in the "Who do we share your information with" and "Your choices and privacy rights" sections below.
What type of personal data is collected from you? The personal data we collect from you might include your: Name; Email address; Postal address, including postcode; Physical Address, Site Address,Telephone number; Date of birth; Identity Number, and Payment information.
Other information you choose to provide to us.
In some cases, you may provide information to us about another person, such as if you know someone who needs advice or Architectural or Planning work done. In such cases, you represent that you have the authorization of such person to provide us with such information.
How will we collect this personal data?
We collect information from you when you: request to receive an E-Book or subscribe to a monthly newsletter, request information, request a meeting or site meeting, request a quote, participate in a contest or other promotion, complete a survey, communicate with us via third-party social media sites and or contact us, or otherwise communicate with us or provide information to us.
As part of the standard operation of the website, certain information is collected automatically or passively from or about you in connection with your visit to the website or your device accessing the website. Our servers may automatically gather some of the website usage information (such as your IP address, and information about your browsers, your device, your location (subject to your consent), your shopping, browsing and other usage activities, or we (or our service providers) may (provided you have given your consent) use cookies and other tracking technologies to collect and track such information.
(see our Cookie Policy at http://www.landsend.co.uk/Cookies/co/mobile-cs-cookie-policy.html).
We also work closely with third parties (including, for example, business partners, town planners, builders and other sub- contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, and credit reference agencies) and may receive information (including demographics data, such as information pertaining to age, gender, income, ethnicity and presence of children) about you from them. We may also collect information about you from publicly available sources, including publically available content on social media.
How and why do we use your personal data?
We want to give you the best possible customer experience. The data privacy law allows this as part of our legitimate interest in understanding our customers and providing the highest levels of service. Remember, if you choose not to share your personal data with us, or refuse certain contact permissions, we might not be able to provide some services you’ve asked for. For example, if you’ve requested to join the monthly newsletter we can’t do that if you’ve withdrawn your general consent to hear from us; or if you do not complete the Consultancy Agreement at the start of us providing Architectural work for you then we will not be able to commence work.
Here’s how we’ll use your personal data and why: To fulfil your requests for Architectural and Planning Services and to keep you informed. To contact you when necessary or appropriate.
To resolve Architectural and Planning issues (e.g., keeping you informed about Council Applications), and to keep you informed about your orders. Failure to provide this personal data could result in Blue Designs being unable to deal with any issues you may experience with our service. To ensure that we do not contact you if you have asked us not to. We understand that you may prefer for us not to contact you with details of our services or promotions. We keep records of your preferences in order to do this. To keep your payments safe and secure and protect against fraudulent transactions. To protect the security and integrity of the website and our business against illegal or fraudulent activity or misuse (including cyber attacks). To customize the website and our communications with you. We do this on both on an individual basis and in the aggregate. To send you promotional materials about us, our products, our services and our events, as well as about select partners, or to offer you opportunities to participate in competitions or surveys. To send you details of Blue Designs content, competitions and surveys that may be of interest to you. If you provide us with information about another person (as described in the "What type of personal data is collected from you" section), where permitted by applicable law, we will use that information to fulfill your requests and treat such information in accordance with this Privacy & Security Policy. Please do not provide us with information about other persons if you do not have the consent of such persons for use of their data in this manner. How long do we keep your personal data? Your personal information is stored by us and/or our service providers and suppliers, strictly to the extent necessary for the performance of our obligations and strictly for the time necessary to achieve the purposes for which the information is collected, in accordance with the Data Protection Laws. When we no longer need to use your information, we will remove it from our systems and records and/or take steps to properly anonymise it so that you can no longer be identified from it (unless we need to keep your information to comply with legal or regulatory obligations to which we are subject). Where do we protect and store your personal data? The personal data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA") (for example, in South Africa). It may also be processed by staff operating outside the EEA who work for us or for one of our service providers. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Privacy & Security Policy and applicable data protection laws, including, where relevant, entering into EU standard contractual clauses in accordance with Article 46.2 GDPR (or equivalent measures) with the party outside the EEA receiving the personal information.
The website also invites you to contact Blue Designs via email, through the ’Contact Us’ Forms and Page. Email correspondence is free format text and cannot be encrypted; therefore it is not a secure means of communication. Please do not send sensitive information, such as credit card information, through email.
Internet Security. Although we do our best to protect your information against loss, misuse and alteration, as is the case with all computer networks linked to the Internet, we cannot absolutely guarantee the security of your information provided over the Internet and cannot be responsible for this.
Who do we share your information with? Blue Designs may disclose information we collect in the following ways, to the extent permitted by applicable law: to our service providers and suppliers, who process such information for us or on our behalf (such as website or database hosting companies, address list hosting companies, email service providers, analytics companies, distribution companies, fulfillment companies, and other similar entities that help us to operate the website and/or provide functionality, content and services). If you would like to know more information about the third-party companies currently charged with such data processing, please contact us with your request at www.landsend.co.uk/ContactUs as required by law, or to provide information as required by local law enforcement agencies, other local government authorities, or otherwise as required by law; on a case by case basis, in the event that Blue Designs or substantially all of its assets are acquired by one or more third parties as a result of an acquisition, merger, sale, consolidation, bankruptcy, liquidation or other similar corporate reorganization, where your information may be one of the transferred assets.
Data pools are groups of retailers who share information on what their customers buy. This pooled information is analysed to understand consumer's wider buying patterns. From this information, customers are sent tailored communications containing suitable offers that should be of interest to them based on what they like to buy. We do not share email addresses or contact details for the purposes of data pooling. When you contribute to a social, community or other publicly available area or feature of the website, the information and content that you post may be made available to the general public, depending on your settings (which is why we recommend that you do not submit or post any sensitive personal data, such as your full name, home address, phone number or other information that would enable others to contact or locate you); and otherwise, with your permission or as permitted by law.
Content and information that you submit on or through Facebook, Twitter, and Instagram, and other third-party platforms may appear on the websites through feeds or interfaces with those platforms. We are not responsible for the information, content and/or privacy practices of any such third-party platforms.
Automated decision-making, including profiling We do not carry out automated decision-making or profiling in relation to your personal data that would cause a legal or similar effect to you.
Children You must have reached the minimum age (16) as set out under the Data Protection Law to share your personal information with Blue Designs, or you must have received permission from your parent or guardian to do so.
Your choices and privacy rights You have the following rights in connection with our processing of your personal data. If you wish to exercise one or more of these rights, please contact us with your request at http://www.bluedesigns.org/contact-us.php.
Your right to access the information we hold about you You may request access to the personal data we hold about you. Our file of your information will usually be made available to you within 30 days, although occasionally we may not be able to give you access to the personal data we hold about you (for example, we may not be able to give you access if it would unreasonably affect someone else's privacy or if giving you access poses a serious threat to someone's health or safety). If you request a copy of your data using electronic means (such as email), then we will provide a copy of your information in electronic form unless you ask us to do otherwise.
Your right to have your information corrected or deleted We do our best to ensure that the information we hold is as accurate and as up to date as possible. You may also ask us to have your information deleted. Blue Designs will delete all of your information with the exception of information it is required by law to maintain or for another legitimate business purpose, such as fulfillment of an order or service you have placed.
Your right to object to us processing your personal data You have the right to ask us to stop processing your personal data, even where that processing is necessary for our legitimate interests (for example, where the processing is necessary for the commercial objectives we pursue in the course of our business), including the profiling we undertake to send you personalised offers, product recommendations and similar content.
Your right to withdraw consent to processing. If you have consented to us processing your personal data for a particular purpose, you have the right to withdraw your consent at any time, free of charge, by contacting us at http://www.bluedesigns.org/contact-us.php. If you withdraw your consent to processing, we may still contact you in connection with your account, relationship, activities, transactions and communications with us. Your right to withdraw consent to direct marketing Please contact us at http://www.bluedesigns.org/contact-us.php if you have consented to receiving direct mail from us and would like to opt out. If you have consented to receiving promotional emails from us and would like to opt out, please email us and you will be taken off the email marketing or newsletter lists. If you opt out of receiving promotional correspondence from us, we may still contact you in connection with your account, relationship, activities, transactions and communications with us. If you have consented, but later prefer that we not share your personal data with third-parties, please contact us. (Note that we never share your payment information with other marketers.) If you do request that we stop sharing your personal data with third parties, it is also prudent to contact that third party directly. Your right to have an electronic copy of your personal data transmitted Where we hold personal data about you with your consent or for the performance of a contract with you, you also have the right to ask us to provide you with the personal data we hold about you in a structured, commonly used and machine-readable format and, where technically feasible, to transmit that personal data to another organisation. Your right to lodge a complaint with the local data protection authority You have the right to lodge a complaint with the data protection authority if you believe that we have not complied with applicable data protection laws. If you are based in the UK, the Information Commissioner's Office can be contacted as follows: Telephone: +44 0303 123 1113 Email: casework@ico.org.uk Website: www.ico.org.uk Web-form: www.ico.org.uk/concerns/ Address: Water Lane, Wycliffe House, Wilmslow, Cheshire, SK9 5AF If you are based elsewhere in the European Economic Area (EEA), please use this link for a list of local data protection authorities in the EEA countries: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protectionauthorities/index_en.htm.
Any questions? If you have any questions or concerns about the identity of the data controller(s) of your information and/or any questions about this Privacy & Security Policy and/or about the privacy policies and practices of our service providers, please email us from our Contact Us page at http://www.bluedesigns.org/contact-us.php, or at bluedesigns5@gmail.com
Jurisdiction The Blue Designs website is controlled and operated in South Africa. These Terms and Conditions, and all matters connected with any order you place on our website, are governed by South African law and you agree to submit to the exclusive jurisdiction of the South African courts in relation to all matters connected with, or arising out of, the website or any order or service you place on the website.
Liability and Indemnity We do not exclude or limit our liability or the liability of any other person for death or personal injury resulting from our negligence or from their negligence. Except as set out above and in relation to our contractual obligations to supply goods and/or services following acceptance of orders placed on our website and in the Consultancy Agreement. Neither we nor any of our agents, affiliates, directors, employees or other representatives will be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use of the website. We shall not be liable for any indirect, or consequential loss of whatever nature, including damage to software or hardware, loss of data, damage or loss of business, loss of profits, or any other indirect or consequential loss arising out of or in connection with your use of the website (including without limitation, any such loss arising out of or in connection with any order or service placed on the website, whether or not accepted by us). You agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you. We may terminate your use of the website immediately if we consider that you have breached these Terms and Conditions.
General We may change our Terms and Conditions (including our policies) at any time. In the event of any of these Terms and Conditions proving to be invalid or un-enforceable the remainder of these terms and conditions will still continue to have full force and effect.
The intellectual property rights in this website are owned and controlled by Blue Designs & Claire Cardwell. All material featured and information provided on the website, whether text or images, are protected by copyright, trademark and other intellectual property rights and are owned by, attributed or licensed to Blue Designs. You may download, electronically copy or print any of the contents on condition that you are using them for personal and not for commercial purposes. Use for any other purpose is strictly prohibited without prior written permission from Blue Designs. No right, title or interest in any of the contents of the website will be transferred to you as a result of downloading, electronically copying or printing or attaching to email such material.
Call Claire +27 82 399 0180 / +27 11 025 4458
Whatsapp - +27 66 232 3676
bluedesigns5@gmail.com