Intellectual Property

• Unless otherwise stated, the intellectual property rights to all content and materials on the website are the property of BHD Creative Ltd. All intellectual property rights are reserved, subject to the following conditions of use.
• You may view, download for caching purposes only, and print pages or other content from the website, provided that:
  • You do not republish material from this website in print or online, or reproduce or store material from this website in any public or private electronic retrieval system;
  • You do not reproduce, duplicate, copy, sell, resell, visit or otherwise exploit our website or material from our website for a commercial purpose without our express written consent;
  • You do not edit or otherwise modify any material from this website.

Privacy Policy

The privacy policy explains how we use any personal information we collect about you when you use our services.

Glossary of Terms:

What is personal data?

Personal data relates to any information (held on computers or in certain filing systems) about a natural person that makes you identifiable which may include (but is not limited to):

Persons name, identification number, email address; home address; work address; mobile phone and so on.  We refer to the ICO guidelines on what constitutes personal data with regards to the identification of an individual through that data.

What is a Data Controller?

For general data protection regulation purposes, the “data controller” means the person or organisation who decides the purposes for which and the way in which any personal data is processed. The data controller is BHD Creative Ltd.

What is a Data Processor?

A “data processor” is a person or organisation which processes personal data for the controller.

What is Data Processing?

Data processing is any operation or set of operations performed upon personal data, or sets of it, be it by automated systems or not. Examples of data processing explicitly listed in the text of the GDPR are: collection, recording, organising, structuring, storing, adapting, altering, retrieving, consulting, using, disclosing by transmission, disseminating or making available, aligning or combining, restricting, erasure or destruction.

What information do we collect about you and how?

BHD Creative, as a Data Controller, is bound by the requirements of the General Data Protection Regulations (GDPR).

You agree that we are entitled to obtain, use and process the information you provide to us to enable us to discharge the Services (as defined in our Letter of Engagement and supporting Schedules) and for other related purposes including:

Information Category	What does this include? (may include but not limited to)	How is this collected / sourced?	Legal basis for processing
Usage data	IP address, location, browser type and version, operating system, length of visit, page views, frequency and pattern of website use.	HubSpot, Inc. – please see cookie policy section later in this document	Legitimate interests – B2B contacts only. Monitoring and improving our customer engagement and services
Account and contact data	Name and email address, feedback and survey responses, your interests and preferences, billing address, delivery address and telephone numbers	You or your employer, collected via various means	Legitimate interests – improving our services, and monitoring users
Service data	any data in relation to the services you have contracted us to provide.	You or your employer, collected via various means	Contract
Enquiry data	Any data you provide relating to the services you are interested in, and your business or personal circumstances	You	Consent
Transaction data	Contact details, card (account) details, details about payments to and from you and other details of products and services you have purchased from us	You	Contract and legitimate interests (namely the proper administration of our business)
Correspondence data	Your email preferences including receiving marketing information from us, your communication preferences	You	Consent

A more detailed breakdown of the data we collect, the third-party applications we share specific data with and staff access privileges to personal data can be accessed on request.

We may process your data for:

• Updating and enhancing client records
• Analysis for management purposes
• Carrying out credit checks in relation to you
• Legal and regulatory compliance

Use of Your Personal information

We will only use your personal data when the law allows us to, and most commonly to enable us to perform the Services for you.

How will we use the information about you and why?

At BHD Creative take your privacy seriously and will only use your personal information to provide the Services you have requested from us, detailed in your Letter of Engagement and supporting services Schedules and as we have identified above. We will only use this information subject to your instructions, data protection law and our duty of confidentiality.

Our work for you may require us to pass your information to our third-party service providers, agents, subcontractors and other associated organisations for the purposes of completing tasks and providing the Services to you on our behalf. However, when we use third party service providers, we disclose only the personal information that is necessary to deliver the Services and we have contracts in place that requires them to keep your information secure and not to use it for their own direct marketing purposes.

We will not share your information for marketing purposes with companies so that they may offer you their products and services. 

Third Party Service Providers used by BHD Creative

We collect information on our website only to process your enquiry. If you agree, we will also use this information to share updates with you about our services which we believe may be of interest to you.

Transferring your information outside of Europe

Storing Your Personal Information. The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring safeguards are implemented.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Security precautions in place about data collected

When you give us personal information, we take steps to make sure that it’s treated securely. Non- sensitive details (your email address etc.) are sent normally over the Internet, and this can never be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk. Once we receive your information, we make our best effort to ensure its security on our systems.

Profiling

We may analyse your personal information to create a profile of your interests and preferences so that we can contact you with information relevant to you. We may make use of extra information about you when it is available from external sources to help us do this effectively. We may also use your personal information to detect and cut fraud and credit risk.

Marketing

We will periodically send you free newsletters and emails that directly promote the use of our Platform, or Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the email you receive or by contacting us directly via info@bhdcreative.co.uk.

Despite your indicated email preferences, we may send you service related communications, including notices of any updates to our Terms of Use or Privacy Policy.

How long will we hold your data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

• Marketing: We will hold your data for an unspecified period, unless you choose to opt out or update or delete data at any point should you need to do so and details are set out in this policy as to how to do that.
• Contracted Services: We will hold your data for a minimum period of 6 years in line with our regulatory requirements. We may hold onto your data for extended periods should our obligations under law change.

Access to your information, correction, portability and deletion

What is a Subject Access Request?

This is your right to request a copy of the information that we hold about you. You may request deletion of your personal information by us, and we will use commercially reasonable efforts to honour your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud prevention or similar purposes.

If you would like a copy of some or all your personal information, please email: info@bhdcreative.co.uk. We will respond to your request within one month of receipt of the request.

We want to make sure your personal information is accurate and up to date. You may ask us to correct or remove information you think is inaccurate by emailing info@bhdcreative.co.uk.

Objections to processing of personal data

It is your right to lodge an objection to the processing of your personal data if you feel the “ground relating to your particular situation” apply. The only reasons we will be able to deny your request is if we can show compelling legitimate grounds for the processing, which override your interest, rights and freedoms, or the processing is for the establishment, exercise or defence of a legal claims.

If you consider that our grounds for processing your personal information infringes data protection laws, you have a legal right to make a complaint to the ICO (the data protection authority in the UK). You can do this through the ICO website: https://ico.org.uk/concerns/

Data Portability

It is also your right to receive the personal data which you have given to us, in a structured, commonly used and machine-readable format and have the right to transmit that data to another controller without delay from the current controller if:

(a) The processing is based on consent or on a contract, and (b) The processing is carried out by automated means.

Your Right to be Forgotten

Should you wish for us to completely delete all information that we hold about you please request by emailing info@bhdcreative.co.uk.

Cookies

About Cookies

A cookie is an identifier file containing a string of letters and numbers that is sent from a web server to a web browser. The file is stored on the browser and returned to the server each time access to a page on the server is requested i.e. each time you revisit a website.

Although cookies do not typically store personally identifiable information, personal information held by us may be linked to cookies stored on your browser.

Cookies may be ‘persistent’ (expire after a specific period) or ‘session’ (end when the web browser is closed). Most web browsers allow you to refuse cookies, and to delete cookies from your cache, although this may affect the usability of many websites.

Cookies that we use

Our website is built upon the WordPress framework, and may use cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.

Cookies used by our service providers

Our service providers use cookies which may be stored on your computer when you visit their websites(s). We are not responsible for the cookies used by these providers; however, each provider will have their own cookie policy available to view on their website.

Our Details

This website is owned and operated by BHD Creative Ltd.

We are a limited company registered in England and Wales under registration number 8777840, and our registered office address is at 103 Carver Street, Jewellery Quarter, Birmingham, B1 3AP

Our principal place of business is at the address above.

You can contact us:

• by post, to the postal address given above;
• using our website contact form;
• by telephone, on the contact number published on our website;
• by email, using the email address published on our website.

Contractual Terms and Conditions

---

Definitions:

‘The Company’ = BHD Creative Ltd
‘The Client’ = the party, or any person acting on their behalf with whom the Company contracts
‘PO’ = Purchase Order
‘VAT’ = Value Added Tax

1. All charges & prices for services carried out by the Company are subject to VAT (where applicable) at the prevalent rate.
2. All estimated prices quoted, whether written or verbal, are for the listed and mentioned services only. Any additional services required to complete a project will be quoted for in advance and charged accordingly. Deliveries and couriers are additional (unless specified in the quotation).
3. All estimates are based on expected or agreed design time and include one set of authors corrections where alterations are called for by the Client, or if additional changes are required by client.
4. Where there is a change of brief, the Company will inform the Client in advance of any extra costs likely to be incurred.
5. All projects are planned to an agreed schedule. Non-adherence to this schedule by the Client may result in compromising final delivery deadlines. If this is likely to occur, the Company will advise the Client as soon as this becomes evident and suggest an alternative solution where feasible. This may incur additional costs.
6. Whilst every effort will be made to achieve agreed delivery, the Company cannot accept liability or be held financially responsible for any targets or deadlines being missed for delivery of any work which is outside of the Company’s control.
7. For all new clients payment for the full or part amount + VAT may be requested in advance of commencement, as agreed between parties. For any subsequent invoiced work, the Company must receive full payment not later than 30 days after the date of Invoice. The Company reserves the right to make a surcharge of 2% per month interest to accounts that are not paid by this time. Client credit screening may affect any subsequent credit agreement.
8. Once a client has agreed to the Company’s current Terms and Conditions on a credit account with the company, BHD Creative Ltd may for some projects invoice in project stages e.g. Stage 1 Conceptual Design, Stage 2 Detailed Design and Production of Printed Materials etc.
9. BHD Creative Ltd reserves the right to invoice for any disbursements for part works carried out including third party costs incurred on a project should the project be unable to be completed for any reason or has been delayed/put on hold by the Client for a period of 4 weeks or more.
10. In good faith, BHD Creative Ltd would hold any supplied files, originals and materials for a period of up to 12 months. Resumption of works on the project would be completed according to the original schedule of costs so long as the project specification remained unaltered.
11. Disbursements on behalf of any client may result in a request for payment in advance from the Client.
12. All creative work produced and devised during a project(s), creative, digital, software files and related correspondence remain the property – physically, intellectually and in copyright, of the Company until full payment has been made on the Client’s account, and all project costs have been cleared.
13. Once final proofs/materials have been signed off, the Company cannot be held responsible financially or otherwise for any errors relating to print, programming or any end product.
14. It is the responsibility of the Client that all materials (including, but not limited to images, diagrams, logos, videos, data, as well as intellectual property in other media) supplied to BHD Creative Ltd by the client will have the relevant copyrights, licenses and permissions for use in the commissioned project. BHD Creative Ltd will not accept responsibility/liability for infringements caused by any wrongly supplied materials.
15. The Company reserves the right to commission freelance support or outsource any job if it is felt it is in the best interests of the Client. Any outsourced job remains the property/responsibility of the company and such services are deemed to be carried out ‘indirectly’ by the Company.
16. As part of larger projects which involve 3rd parties commissioned directly by the client, the Company will not be held responsible in any way for services not carried out/managed directly or indirectly by the Company.
17. Advice of any loss, quality or damage issues must be reported to the Company within five clear working days of delivery and receipt (whether printed or digital) and any claim in respect thereof must be made in writing to the Company within 3 working days thereafter. The Company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with.
18. In the event of any bona fide dispute or difference arising between the parties in connection with the Contract (excluding any dispute relating to non-payment of the Charges, for whatever reason), the parties shall attempt to resolve such dispute or difference in good faith or by mediation. It is the responsibility of the Client to inform the Company immediately of any issue that may lead to a dispute (including but not limited to quality, service, cost, missed deadline), without such information, no disputes will be entered into.
19. Whilst taking every care to protect all media and correspondence supplied, the Company cannot accept liability or be held responsible financially or otherwise for any loss. Disputes will not be entered into.
20. In accordance with GDPR, should the Client wish for BHD Creative to handle / process any of their customer data or to provide systems to process personal data (eg web-based databases), it is the Client’s legal responsibility to ensure the processes requested of us are data-compliant and to have a written contract in place with us to carry out such processes. Furthermore, it is the Client’s responsibility to ensure they have obtained consent from the individuals for the personal data they pass over to us for processing.
21. BHD Creative are accredited with UKAS ISO27001. BHD Creative take all reasonable steps to ensure the all handling, storage and processing of personal data complies with the regulations stipulated by GDPR. Access to the policies and processes relating to the handling of personal data, Disaster Recovery, Privacy and ISMS policies are available on request.
22. The Company cannot guarantee the Client exclusivity of any marketing concept, strategy, design or other intellectual property provided. Therefore the Company will not accept liability for any alleged claim from the Client or any Third Party as the result of unintentional similarity in part or whole of a Third Party’s copyright protected or registered trademark or brand, identity, strapline, colour usage, image style and content, product or otherwise.
23. It remains the Client’s responsibility to seek copyright protection if desired for any creative/intellectual property provided to the Client by the Company.
24. If at any point during the design or development cycle a client wishes to cancel, they may do so but will be invoiced an amount that BHD Creative Ltd judges to be proportional to the amount of work completed on the commission and further compensatory charges for booked design time or printing press time or any other supply costs accruing.
25. The Company reserves the right to the addition of our Company credit on printed or digital projects unless instructed otherwise by the Client and, to the use for self-promotion any work carried out for the Client.
26. The Company reserves the right to use both initial creative concepts and final approved design work for the purposes of the Company’s marketing activities (both online and offline) unless otherwise requested/agreed with the Client.
27. Terms and Conditions may be changed at any time without prior notice to its clients. Notification will be sent to all clients at the time of the Terms and Conditions alterations.
28. The company shall be under no liability if it should be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing), Act of God, Legislation, War, Act of terrorism, Fire, Flood, Drought, Failure of power supply, Lock out, Strike by employee’s in contemplation of furtherance of dispute or inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Customer may, by written notice, elect to terminate the contract and pay for work done and materials used, but subject thereto, shall otherwise accept delivery when available.
29. BHD Creative Ltd will have a lien over any product, data or materials if all payments due from you have not been paid and cleared in full within 1 month from the date of the invoice. We reserve the right to withhold supply of goods and, in the case of web services, this includes recalling services including the hosting of websites.
30. The Client is agreeing fully to the Company’s trading Terms and Conditions by commissioning our services