Terms & Conditions Studio

MARBLEGROVE UK LIMITED T/A BACKGROUNDS

STUDIO HIRE TERMS AND CONDITIONS

These Studio Hire Terms and Conditions (together with the documents referred to) will govern the contract formed between Marblegrove UK Limited and the Customer for the hire of the Studio, and shall apply to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.


1 DEFINITIONS AND INTERPRETATION
1.1 In these Terms and Conditions, the following definitions apply:

Acknowledgment of Order: The acknowledgment issued by Backgrounds to notify the Customer of the terms under which the Customer Booking has been accepted.

Backgrounds: the trading name of Marblegrove UK Limited.

Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

Contract: the contract formed between Backgrounds and the Customer as set out in clause 2 for the hire of the Studio in accordance with these Terms and Conditions.

Customer: the person or firm who hires the Studio.

Customer Booking: has the meaning given to it in clause 2.1.

Designated Hours: 9am to 6pm on Business Days.

Hire Fee: The fee payable by the Customer for the hire of the Studio for the Hire Period as stated in the Acknowledgement of Order and calculated in accordance with clause 10.1.

Hire Inventory: means the inventory provided by Backgrounds to the Customer during the booking process detailing the Kitchen Facilities and Studio Equipment which shall be available to the Customer as part of the hire of the Studio (as may be amended from time to time by Backgrounds and notified to the Customer).

Hire Period: The period the Customer has hired the Studio for as stated in the Acknowledgment of Order.

Kitchen Facilities: The fully fitted kitchen contained within the Studio and associated kitchen appliances and equipment listed in the Hire Inventory.

Marblegrove UK Limited: Marblegrove UK Limited, a company incorporated in England and Wales with company number 04807114, whose registered office is at 48 Bunning Way, London, N7 9UP.

Overtime: has the meaning given to it in clause 8.1.

Premises: the premises located at 30A Brewery Road, Islington, London, N7 9NH.

Quotation: has the meaning given to it in clause 2.2.

Storage Area: means the ground floor shared workspace designated by Backgrounds and notified to the Customer as being able to be used by the Customer to store the Customer’s belongings in accordance with clause 9.

Studio: The photography studios known as “Studio 1” and/or “Studio 2” located at the Premises (including the Kitchen Facilities) as specified in the Acknowledgement of Order.

Studio Equipment: All equipment described in the Hire Inventory (excluding the Kitchen Facilities) which is stated as being able to be used by the Customer as part of the hire of the Studio, which may include polyboards, sandbags, prop trollies, step ladders, desks and stools.

Studio Manager: the member of staff of Backgrounds appointed by Backgrounds as the Studio Manager and notified by Backgrounds to the Customer.

Terms and Conditions: these terms and conditions as amended from time to time in accordance with clause 16.5.

VAT: value added tax chargeable under English law for the time being and any similar or applicable additional tax chargeable in any other jurisdiction.

1.2 In these Terms and Conditions, the following rules of construction apply:

1.2.1  a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);

1.2.2  a reference to a party includes its personal representatives, successors or permitted assigns;

1.2.3  a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;

1.2.4  any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and

1.2.5  a reference to writing or written includes faxes and e-mails.


2 Basis of contract

2.1 The Customer shall initiate the booking of the Studio by contacting the Studio Manager by phone or email. Whichever method is chosen, the Customer agrees to provide the Studio Manager with such information as may be required by Backgrounds which is relevant to the hiring of the Studio, including the dates and time period that the Customer would like to hire the Studio for and relevant Customer contact details (“Customer Booking”). The Studio Manager may discuss the Customer Booking with the Customer to ascertain any further details Backgrounds requires relevant to the hiring of the Studio.

2.2  Based on the information provided to Backgrounds in accordance with clause 2.1, Backgrounds shall provide the Customer with a formal quotation stating the following:

2.2.1  the Studio to be hired;

2.2.2  the Hire Period;

2.2.3  the Hire Fee;

2.2.4  any other details relevant to the hire of the Studio.

(together, the “Quotation”).

2.3  A Quotation given by Backgrounds shall not constitute an offer.

2.4  Should the Customer wish to proceed with a Customer Booking following receipt of the Quotation, the Customer shall provide Backgrounds with written confirmation not less than two Business Days before the commencement of the Hire Period that it wishes to proceed based on the Quotation (“Customer Request”). If Backgrounds does not receive any such written confirmation that the Customer wishes to proceed, the Customer acknowledges that Backgrounds shall be under no obligation to hire the Studio to the Customer for the Hire Period and shall be entitled to hire the Studio out to other customers.

2.5  Backgrounds shall confirm acceptance of a Customer Request by issuing an Acknowledgment of Order.


3  Making changes

If the Customer wishes to request a change to the hire of the Studio after Backgrounds has sent an Acknowledgment of Order then the Customer must contact the Studio Manager. The Studio Manager will let the Customer know if the change is possible. If it is possible the Studio Manager will let the Customer know about any changes which may need to be made to the hire of the Studio and ask you to confirm whether you wish to go ahead with the changes by email and issue a revised Acknowledgement of Order.


4  Hiring of the Studio

4.1  Backgrounds grants to the Customer for the Hire Period during the Designated Hours in return for the Hire Fee and the Customer’s compliance with all other obligations in these Terms and Conditions the following non-exclusive rights:

4.1.1  permission to use the Studio and the Kitchen Facilities;

4.1.2  permission to use the Studio Equipment;

4.1.3  permission to use the toilets on the ground floor, landing and first floor of the Premises;

4.1.4  permission to use the Storage Area in accordance with clause 9; and

4.1.5  permission to use the car parking spaces at the Premises in positions from time to time designated by Backgrounds.

4.2  The Customer acknowledges that:

4.2.1  no relationship of landlord and tenant is created between Backgrounds and the Customer by the Contract; and

4.2.2  Backgrounds retains control, possession and management of the Studio and the Customer has no right to exclude Backgrounds from the Studio.


5 Cancellation

5.1 The Customer may cancel the hire of the Studio for convenience at any time by contacting the Studio Manager. Unless otherwise agreed in writing, the Customer acknowledges that any such cancellation shall be subject to the following cancellation charges which shall be payable by the Customer to Backgrounds on demand:

5.1.1  If the Customer cancels the hire of the Studio after confirmation of the hire, the cancellation charge shall be 25% of the Hire Fee;

5.1.2  If the Customer cancels the hire of the Studio less than 5 Business Days before the commencement of the Hire Period, the cancellation charge shall be 50% of the Hire Fee;

5.1.3  If the Customer cancels the hire of the Studio less than 2 Business Day before the commencement of the Hire Period, the cancellation charge shall be 100% of the Hire Fee;

5.1.4  If the Customer cancels the hire of the Studio during the Hire Period, the cancellation charge shall be 100% of the Hire Fee; and

5.1.5  If the Customer does not cancel the hire of the Studio but fails to use the Studio, 100% of the Hire Fee shall be payable.


6 Customer obligations

6.1 The Customer agrees:

6.1.1  to use the Studio, Kitchen Facilities and Studio Equipment only for the purposes of facilitating photography of food and for no other purpose except as may be agreed in writing from time to time between the Customer and Backgrounds;

6.1.2  not to use (directly or indirectly) for any purpose which Backgrounds considers unprofessional or immoral the Studio or any facilities provided by Backgrounds;

6.1.3  to take reasonable care of the Studio, the Kitchen Facilities, the Studio Equipment and the furniture and fittings in it;

6.1.4  not, without Backgrounds’ prior written consent, to make any alteration to the Studio or rearrange its layout or permanently fix anything to the walls;

6.1.5  not, without Backgrounds’ prior written consent, to bring onto the Premises any animals or children;

6.1.6  not, without Backgrounds’ prior written consent, to bring onto the Premises any dangerous equipment and/or hazardous materials;

6.1.7  not to cause nuisance or annoyance to any other occupier of the Premises;

6.1.8  not to share the Studio or sub-contract use of the Studio to any third party;

6.1.9  not, without Backgrounds’ prior written consent, to share or remove any of the Studio Equipment or furniture and fittings in the Studio;

6.1.10  to conform at all times with all reasonable regulations that Backgrounds may from time to time impose for the benefit of the occupiers of the Premises;

6.1.11  to allow Backgrounds to exercise its rights of possession and control of the Studio;

6.1.12  not to do anything which might:

6.1.12.1 break any statutory requirement affecting the Premises; or

6.1.12.2 make void or voidable Backgrounds’ policy of insurance on the Premises,

6.1.13  at the end of the Hire Period to vacate the Studio:

6.1.13.1 leaving the Studio, Kitchen Facilities and Studio Equipment in the same condition as they were provided to the Customer at the start of the Hire Period; and

6.1.13.2 remove all of the Customer’s own belongings.

6.2 The Customer shall be responsible for the actions of the members and guests of their organisation.

6.3 The Customer shall procure that all members and guests of their organisation who attend the Premises shall at all times behave courteously towards the staff of Backgrounds, and shall not behave in any way, shape or form, which Backgrounds considers in its sole discretion to be aggressive and/or abusive towards its staff.  For the avoidance of doubt, Backgrounds considers (without limitation) any of the following to be aggressive and/or abusive behaviour: any form of physical violence; verbal abuse; derogatory remarks; rudeness; inflammatory statements; remarks of a discriminatory nature; and/or unsubstantiated allegations.


7 Backgrounds’ Obligations

7.1  Backgrounds agrees to make the Studio available to the Customer, and at no extra cost to

the Customer, the Studio Equipment, during each Hire Period.

7.2  The Studio and Studio Equipment shall materially be as described in the Acknowledgment of Order or as otherwise agreed in writing between the parties.

7.3  Backgrounds does not make any warranty as to the Studio’s (including for the avoidance of doubt the Kitchen Facilities) or the Studio Equipment’s fitness for any particular purpose and it is the Customer’s sole responsibility to satisfy itself that the Studio and Studio Equipment is fit for the purpose which the Customer requires it.


8 Overtime

8.1 The Customer may not use the Studio during the Hire Period outside of the Designated Hours without the prior written consent of Backgrounds. Where Backgrounds do consent to the use of the Studio by the Customer outside of the Designated Hours, such use will be deemed as Overtime. The Customer acknowledges that where Overtime applies, the Customer shall pay an Overtime Charge. The Overtime Charge shall be calculated with reference to Backgrounds published rate card in place from time to time and duration of the Overtime.


9 Storage

9.1 Backgrounds shall permit the Customer (if reasonably required by the Customer) to store the Customer’s belongings on the Premises in the Storage Area outside of the Designated Hours during the Hire Period. Should the Customer need to be able to store the Customer’s belongings on the Premises outside of the Hired Period, the Customer may only do so with the prior written consent of Backgrounds. Storage of any hazardous items (as determined by Backgrounds from time to time) is not permitted without the prior written consent of Backgrounds. The Customer acknowledges that the storage of its own belongings in the Storage Area shall be at its own risk and that Backgrounds shall not be liable for any loss and/or damage to such belongings arising out of such storage in the Storage Area.


10 Charges and payment

10.1  In consideration for Backgrounds hiring the Studio to the Customer for the Hire Period, the Customer shall pay the Hire Fee. The Hire Fee shall be calculated with reference to Backgrounds published price list in place from time to time and duration of the Hire Period.

10.2  Backgrounds shall invoice the Customer for the Hire Fee at the same time as it sends its Acknowledgement of Order. If the Customer is NOT an account holder with Backgrounds, such Customer acknowledges that payment of this invoice must be made prior to the commencement of the Hire Period in accordance with clause 10.5 unless otherwise agreed in writing with Backgrounds.

10.3  Backgrounds shall invoice the Customer for the Overtime Charges at the end of the Hire Period or at such other time as may be reasonably determined by Backgrounds.

10.4  If Backgrounds (in its sole opinion) deems that loss and/or damage has occurred to the Studio, Kitchen Facilities and/or Studio Equipment, Backgrounds shall invoice the Customer immediately for the relevant amount and payment shall be made by the Customer in accordance with clause 10.5.

10.5  Subject to clause 10.6 payment of invoices shall vary depending on whether the Customer is an account holder with Backgrounds or not as follows:

10.5.1  If the Customer is an account holder, payment shall be within 30 days of the date of the invoice and can be paid by cash, card, cheque or bank transfer;

10.5.2  If the Customer is NOT an account holder, payment shall be on receipt of the invoice prior to the commencement of the Hire Period, and can be paid by cash, card or bank transfer only (for the avoidance of doubt payment by cheque is not permitted).

10.6  All amounts payable by the Customer under the Contract are exclusive of amounts in respect of VAT and any other tax, levy, impost, duty or other charge or fee of a similar nature arising in connection with the Contract, which Backgrounds will add to its invoices at the appropriate rate.

10.7  If the Customer fails to make any payment due to Backgrounds under the Contract by the due date for payment, then the Customer shall pay interest on the overdue amount at the rate of 4% per annum above National Westminster Bank Plc base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.

10.8  The Customer shall pay all amounts due under the Contract in full by without any set-off, counterclaim, deduction or withholding except as required by law. Backgrounds may, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by Backgrounds to the Customer.


11 Insurance and Indemnity

11.1  The Customer is responsible for taking out insurance for public liability of the Customer, including damage to Backgrounds’ property and may also wish to insure the Customer’s equipment against loss, theft or damage.

11.2  The Customer will indemnify and keep indemnified Backgrounds against all actions, proceedings, reasonable costs, claims, damages, demands and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses, arising out of:

11.2.1  the use or occupation of the Studio by the Customer;

11.2.2  any failure by the Customer to comply with the terms of the Contract;

11.2.3  any act or default of the Customer or its employees, agents or visitors;

11.2.4  any third party claims howsoever arising out of the Customer’s use of the Studio.


12 Limitation of Liability

12.1  Nothing in these Terms and Conditions shall limit or exclude Backgrounds’ liability for:

12.1.1  death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);

12.1.2  fraud or fraudulent misrepresentation; or

12.1.3  any matter in respect of which it would be unlawful for Backgrounds to exclude or restrict liability.

12.2  Subject to clause 12.1, Backgrounds shall under no circumstances whatsoever be liable under the Contract for any:

12.2.1  loss of profit;

12.2.2  loss of revenue;

12.2.3  loss of business;

12.2.4  loss arising out of delays in filming or a photo shoot;

12.2.5  indirect or consequential loss or damage,

in each case, however caused, even if foreseeable.

12.3  Subject to clause 12.1, Backgrounds’ total liability to the Customer in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Hire Fee payable by the Customer under the Contract.

12.4  The Customer acknowledges that some of the Studio Equipment and Kitchen Facilities may be inherently dangerous and that care must be taken when using such Studio Equipment and Kitchen Facilities. Subject to clause 12.1 Backgrounds accepts no liability for any loss or injury arising out of use of such Equipment.


13 Termination

13.1 Without limiting its other rights or remedies, Backgrounds may terminate the Contract with

immediate effect by giving written notice to the Customer if:

13.1.1  the Customer commits (in Backgrounds’ sole discretion) a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 7 days of being notified in writing to do so;

13.1.2  the Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;

13.1.3  the Customer suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business;

13.1.4  the Customer's financial position deteriorates to such an extent that in Backgrounds’ opinion the Customer's capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; or

13.1.5  Backgrounds reasonably suspects that any of the situations described in clauses 13.1.1 to 13.1.4 inclusive may occur; or

13.1.6 the Customer fails to comply with clause 6.3.

13.2  Without limiting its other rights or remedies, Backgrounds may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under this Contract on the due date for payment.

13.3  Without limiting its other rights or remedies, either party may terminate the Contract for convenience at anytime during the term of the Contract by giving written notice to the other, and/or in the case of the Customer, returning the Equipment to Backgrounds.


14 Consequences of Termination

14.1  Upon termination of the Contract, however caused, Backgrounds’ consent to use the Studio and all equipment and facilities (including without limitation the Kitchen Facilities and Studio Equipment) provided for under the Contract shall immediately cease.

14.2  Upon termination of the Contract by the Customer for convenience, the Customer shall pay to Backgrounds the Cancellation Charges as provided for in clause 5.

14.3  Upon termination of the Contract by Backgrounds for the reasons set out in clauses 13.1 and 13.2, without prejudice to any other rights or remedies of Backgrounds, the Customer shall pay to Backgrounds on demand the full Hire Fee and all other sums due but unpaid at the date of such demand together with any interest accrued pursuant to clause 10.7.

14.4  Upon termination of the Contract by Backgrounds for convenience, Backgrounds shall pay to the Customer the Hire Fee (if already paid by the Customer), minus a pro rata amount for the use the Customer has had of the Studio up until termination.

14.5  Termination of the Contract shall not affect any of the parties' rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of this Contract that existed at or before the date of termination.

14.6  Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.


15  Force Majeure

Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for 5 days the party not affected may terminate this Contract by giving 2 days written notice to the affected party.


16  General

16.1  Assignment:

16.1.1  Backgrounds may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.

16.1.2  The Customer may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of Backgrounds.

16.2  Confidentiality:

16.2.1  Each party (the “Receiving Party”) shall during and after the Contract not use for any other purpose than contemplated under these Terms and Conditions and not disclose to any person (other than on a need-to-know basis for the purposes of the Contract ) any confidential information received from the other party (the “Disclosing Party”) concerning technical, financial and business information, know-how, technologies, trade secrets, formulations, processes, and commercial methods and other activities ("Confidential Information") of the Disclosing Party, except to the extent required by (i) law; (ii) government authorities; or (iii) relating to the safety of the Equipment.

16.2.2  It is understood that confidential information shall not include information which has been known by the Receiving Party before disclosure hereunder, is in the public domain, falls within the public domain without any fault of the Receiving Party, or which is received by the Receiving Party from other sources having the right to disclose the same.

16.3  Publicity. Backgrounds shall have the right during the term of the Contract and after termination to use the Customer’s name and logo for marketing purposes.

16.4  Entire agreement:

16.4.1 This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

16.4.2 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract.

16.5  Variation: Backgrounds reserves the right to vary these Terms and Conditions in its sole discretion on giving the Customer reasonable notice.

16.6  Waiver: A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not:

16.6.1  waive that or any other right or remedy; nor

16.6.2  prevent or restrict the further exercise of that or any other right or remedy.

16.7  Severance:

16.7.1  If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

16.7.2  If one party gives notice to the other of the possibility that any provision or part- provision of the Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

16.8  Notices:

16.8.1  Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, or email.

16.8.2  A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 16.8.1; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by email, one Business Day after transmission.

16.8.3  The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

16.9  Third party rights: No one other than a party to this Contract shall have any right to enforce any of its terms.

16.10  Governing law: The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the laws of England and Wales.

16.11  Jurisdiction: Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.



PRIVACY NOTICE

Marblegrove Uk Ltd t/a Backgrounds 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 of our customers 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. Information About Us

Marblegrove Uk Ltd t/a Backgrounds is a Limited company registered in England under company number 04807114.

Registered address: 48 Bunning Way, London, N7 9UP Main trading address: 40 Brewery Road, London, N7 9NH VAT number: GB830265746

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 online 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 uphold:

  • 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 us to find out more or to ask any questions using the details in Part 11.
  • The right to access the personal data we hold about you. Part 10 will tell you how to do this.
  • The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 11 to find out more.
  • The right to erasure, i.e. the right to ask us to erase or otherwise dispose of any of your personal data that we have. Please contact us using the details in Part 11 to find out more.
  • The right to restrict (i.e. prevent) the processing of your personal data.
  • The right to object to us using your personal data for a particular purpose or purposes.
  • The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
  • Rights relating to automated decision-making and profiling. We do not use your personal data in this way.

You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you.

For more information about our use of your personal data or exercising your rights as outlined above, please contact us 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 us):

  • Name, Salute, Date of birth, Billing/Delivery Address;

  • Email address, Telephone number, Website address;

  • Business name, Department, Job title, Profession;

  • Payment information

  • Your image may be recorded on CCTV when you visit the studios, warehouse or car park.

  • We use visitor log files (cookies) with our website. Once a user enters our site, a cookie follows them through their click stream path. Examples of information being collected by these cookies include the number of times a user came to our site(s), and the paths they took to get there

  • Your social media username, if you interact with us through those channels, to help us respond to your comments, questions or feedback.

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. Your personal details are required in

    order for us to enter into a contract with you.

  • Personalising and tailoring our products and/or services for you.

  • Communicating with you. This may include responding to emails or calls from you.

  • Supplying you with information by email and/or post that you have opted-in to (you may unsubscribe or opt-out at any time by following the instructions provided).

  • Your image may be recorded on CCTV when you visit the studios, warehouse or car park, for crime prevention purposes.

  • We use visitor log files (cookies) with our website. Once a user enters our site, a cookie follows them through their click stream path. Examples of information being collected by these cookies include the number of times a user came to our site(s), and the paths they took to get there

  • Your social media username, if you interact with us through those channels, to help us respond to your comments, questions or feedback.

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 and/or post with information, news, and offers on our products and/or 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 reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):

• We will keep your personal data as long as you have active transactions within our system. These will enable us to easily recall historical jobs for your reference.

8. How and Where Do You Store or Transfer My Personal Data?

We will only store or transfer your personal data in the UK. This means that it will be fully protected under the GDPR, with one exception;

This is only for IT disaster recovery purposes, where we store a backup copy of our system on an external server in the EU, the data is encrypted.

We will only store or transfer your personal data within the European Economic Area (the “EEA”). The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein. This means that your personal data will be fully protected under the GDPR or to equivalent standards by law.

Please contact us using the details below in Part 11 for further information about the particular data protection mechanism used by us when transferring your personal data to a third country.

The security of your personal data is essential to us and to protect your data, we take a number of important measures, including the following:

  • All our IT systems are protected and are only accessed by authorised users using passwords.

  • All offsite data is stored using encryption.

  • Card details are never recorded or stored, we will only ever enter them into the

    secure payment system.

9. Do You Share My Personal Data?

We will not share any of your personal data with any third parties for any purposes, subject to one important exception.

We may sometimes contract with the following third parties to supply 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.

  • Worldpay - Cardsave UK Ltd – card payments, online payments.

  • American Express Payment Services Limited – card payments, online payments.

  • National Westminster Bank PLC – card payments, online payments.

  • Clover Network, Inc. – card payments, online payments.

  • PayPal (Europe) S.à.r.l et Cie, S.C.A – card payments, online payments.

  • Creditsafe Group – Trade credit account applications.

  • Greater London Hire – Courier company

  • Westway Despatch LLP – Courier company.

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, as described 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 us 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 or postal addresses shown in Part 11. To make this as easy as possible for you, a Subject Access Request Form is available for you to use. You do not have to use this form, but it is the easiest way to tell us everything we need to know to respond to your request as quickly as possible.

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 one month of receiving it. 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 three months from the date we receive your request. You will be kept fully informed of our progress.

11. How Do I Contact You?

To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details

Email address: accounts@backgroundsprophire.co.uk.
Telephone number: 020 76970981.
Postal Address: Backgrounds, 40 Brewery Road, London, N7 9NH.

12. How to complain

You can also complain to the ICO if you are unhappy with how we have used your data. The ICO’s address:

Information Commissioner’s Office Wycliffe House
Water Lane
Wilmslow

Cheshire

SK9 5AF

Helpline number: 0303 123 1113

13. 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 our website.