MY-ARCHITECT 

TERMS & CONDITIONS OF APPOINTMENT

Our terms

  • These terms
      1. What these terms cover. These are the terms and conditions on which you appoint us to provide services to you. You will be asked to confirm your express agreement to these terms and conditions when you place an order for our services, via our website or otherwise.
      2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. 
  • Information about us and how to contact us
      1. Who we are. We are My-architect Studio LLP an architects partnership registered in England and Wales. Our registration number is OC433385 and our registered office is at 58 Noel Road, London, N18HB. 
      2. How to contact us. You can contact us by telephone on +44 (0)7971 531 979 or by writing to us at harry.molyneux@my-architect.io and 58 Noel Road, London, N18HB.
      3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when appointing us. 
  • Our Services

We provide the following services:

Service Description
Design & Planning
  • Measured building survey
  • Architectural design & planning services up to planning application submission
  • Planning application submission
  • Changes to planning application at request of homeowner and/or council
Scope of Works & Tender Assisting you to prepare a scope of the works required and to manage a tender process with suppliers to obtain the optimum service for implementation and build of the design.
Project Assistance Weekly remote site visits with site meeting minutes recorded

Photographic recording of all work as it’s being delivered

Tracking of completed and outstanding work

Providing Client with clear actionable information to help with project’s delivery

 

  • Our contract with you
    1. How we will accept your appointment of us. Our acceptance of your appointment of us to provide services will take place when we email you to accept it, at which point a contract will come into existence between you and us. Before we email you, any promotion of services on our website or in other materials does not constitute an offer but is simply an invitation to you to offer to appoint us to provide our services on these terms and conditions. 
    2. We reserve the right not to provide our services to you.  We may not be able to accept your appointment of us because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the services or because we are unable to meet a delivery deadline you have specified. 
    3. If we cannot accept your appointment of us. If we are unable to accept your appointment with us, we will inform you of this and will not charge you for the services. If you have already paid for the services, we will refund you the full amount charged as soon as possible. 
    4. Limitations of Service. During the pre-construction phase, our contract will only cover our provision of the Design & Planning services and, if requested, the Scope of Works & Tender services described above. The implementation and build of any design we create will be carried out by your selected Construction Professionals (as defined below) under a separate contract, and will not be carried out by us. Our services during construction are limited to recording, organising, and reporting on the information pertaining to your project. We do not instruct any parties to take action nor are we responsible for ensuring that your project is delivered on time or within budget. The contractual obligations relating to the delivery and budget of the project are between you and the Builder.
    5. Assistance Services: We will provide Services to assist you in tracking the deliverables of your extension or home renovation project. This will involve recording and organizing project-related information in an easily digestible manner for both you and your builder (“Builder”).
    6. Project Assistance Reporting: We will document the status of the project through meeting minutes and video records, which will be written up into a comprehensive report. This report will detail the progress of the project, including deliverables achieved, the work completed, and payments due. These reports will be provided bi-weekly.
  2. Definitions and interpretation

The following definitions and rules of interpretation apply in this appointment:

  1. Definitions:
  • Additional Fee: the amount payable by us to you for the Additional Services under this appointment.
  • Additional Services: the additional services we agree to provide to you in accordance with clause 11.
  • Basic Fee: the amount payable by us to you for the Basic Services under this appointment.
  • Basic Services: the specific Design and Planning and/or Scope of Works and Tender services (each as explained in Clause 3 above) to be provided for the Project, as set out in the Quotation,.
  • Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
  • Construction Professional: people or businesses providing construction related services like structural engineers, party wall surveyors, and building contractors.


  • Fee: the Basic Fee and the Additional Fee (if any).
  • Material: all designs, drawings, models, plans, specifications, design details, photographs, brochures, reports, notes of meetings, CAD materials, calculations, data, databases, schedules, programmes, bills of quantities, budgets and any other materials provided in connection with the Project and all updates, amendments, additions and revisions to them and any works, designs, or inventions incorporated or referred to in them for any purpose relating to the Project.
  • Project: the project to be carried out at the Property, as described in the Quotation
  • Property: the property at which the Project will be carried out, the address of which is set out in the Quotation.
  • Quotation: the document sent by us to you setting out the proposed Services.
  • Services: the Basic Services and the Additional Services (if any).
  1. References to Clauses are to the clauses of this appointment, but Clause headings shall not affect the interpretation of this appointment.
  2. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
  3. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
  4. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
  5. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
  6. This appointment shall be binding on, and enure to the benefit of, the parties to this appointment and their respective personal representatives, successors and assigns, and references to any party shall include that party’s personal representatives, successors and permitted assigns.
  7. Unless expressly provided otherwise in this appointment, a reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time, and a reference to legislation or a legislative provision includes all subordinate legislation made from time to time under that legislation or legislative provision.
  8. Any reference to a party’s consent or approval being required is to a consent or approval in writing which must be obtained before the relevant act is taken or event occurs.
  9. Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
  10. A reference to writing or written includes email.
  11. Unless this appointment otherwise expressly provides, a reference to the Property or the Project is to the whole and any part of it.
  12. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
  • Our obligations
    1. We will provide the Services set out in the Quotation.
    2. Subject to clause 6.3, we warrant and undertake that we will:
      1. comply with the terms of this appointment;
  1. not, without your written consent, make any material change to the designs or specifications for the Project after they have been settled or approved;
  2. regularly liaise with any Construction Professionals engaged on the Project until such time as the management and/or implementation of the Project is handed over to one or more other Construction Professionals
  3. provide design iterations and professional advice on the legislative frameworks with which the building must comply until such time as up to the point the management and/or implementation of the Project is handed over to one or more other Construction Professionals

 

    1. When performing the Services, we warrant and undertake that we will exercise all the reasonable skill, care and diligence to be expected of a qualified and experienced member of our profession undertaking works of similar in scope and character to the Project and:
      1. not to specify for use in the Project any materials, equipment, products or kits, which, at the time of specification or use, are generally accepted, or generally suspected, in the construction industry at the relevant time as:
        1. posing a threat to the health and safety of any person;
        2. posing a threat to the structural stability, performance or physical integrity of the Project or any part or component of the Project;
        3. reducing, or possibly reducing, the normal life expectancy of the Project or any part or component of the Project;
        4. not being in accordance with any relevant British Standard, relevant code of practice, good building practice or any applicable agrément certificate issued by the British Board of Agrément; or
        5. having been supplied or placed on the market in breach of the Construction Products Regulations;
      2. to comply with any statutory requirements, secondary legislation, regulations, bye-laws and planning agreements, obligations and consents when performing the Services; and
      3. to perform the Services and prepare all Material for those elements of the Project for which we are responsible according to the Project programme agreed between you and us or, in the absence of a Project programme, in sufficient time to facilitate the efficient progress of the Project.
    2. Our duties or liabilities under this appointment shall not be negated or diminished by any approval, inspection, test or omission to approve, inspect or test, by you or on your behalf.
    3. The Services we will provide do not include, and we make no warranty or undertaking in relation to, the implementation and/or build by any Construction Professional of any design, irrespective of whether it is a design we create for you and of whether the implementation and/or build is carried out by one or more Construction Professionals selected following the Scope & Works Tender services we provide.
  • REGARDING OUR CONTRACTOR NETWORK
  1. We maintain an ongoing list of contractors desiring inclusion in our esteemed network. Each month, we judiciously select a handful of these candidates and conduct a comprehensive review based on the following parameters:
    1. Verification of their operational duration and a thorough examination of their company records to identify any potential cash-flow concerns.
    2. Personal meetings with the director, Harry, at finished or ongoing project sites.
    3. In-person consultations with the design team at our North London office.
    4. Compilation and review of completed surveys from prior professional collaborators and clients.
    5. Confirmation of appropriate insurance coverage.
    6. Review of online ratings and feedback.
  2. Additionally, we convene biannual meetings with all network members to discuss the status of current projects, projects in the bid stage, and solicit suggestions for improving our joint project management approach.
  3. In order to facilitate the management of these professional relationships and the continual reception of projects, a fee is charged to all contractors in our network. This fee is a conduit to introducing them to high-quality projects and knowledgeable, satisfied clients. As this expense is derived from their marketing budget, it does not influence their service pricing.
  • Our authority

Notwithstanding any other provision of this appointment, other than in an emergency or with your prior written consent, we have no authority to:

  1. make or instruct any material alteration to the Project or our Services;
  2. vary, terminate or waive compliance with the terms of any building contract or professional appointment relating to the Project;
  3. enter into any contract, commitment or undertaking on your behalf; or
  4. without prejudice to clause 7(c), issue any instruction or notice under a building contract or professional appointment relating to the Project that:
    1. delays the Project; or
    2. increases the cost of the Project.
  • Remuneration
      1. You will pay us:
        1. the Basic Fee as full remuneration for the Basic Services; and
        2. the Additional Fee as full remuneration for any Additional Services.
      2. The Fee together with any expenses and disbursements as referred to in clause 8.3 will be our entire remuneration by you under this appointment.
      3. You will reimburse us for any expenses or disbursements set out in the Quotation. All other expenses and disbursements incurred by us are deemed to be included in the Fee. Any expenses or disbursements payable by you to us shall be included in the next invoice after they are incurred and paid by you in accordance with clause 9.
      4. You will pay us any VAT properly chargeable on the Services and any amount expressed as payable to us under this appointment is exclusive of VAT unless stated otherwise.
  • Payment
    1. The Fee must be calculated and paid in instalments in accordance with the Quotation. If not set out in the Quotation, the Fee must be paid at intervals of not less than one month, beginning one month after we begin performing the Services.
    2. We will submit to you an invoice for each instalment of Fee, together with any supporting documents that are reasonably necessary to check the invoice. The invoice and supporting documents (if any) shall specify the sum that we consider will become due on the payment due date in respect of the instalment of the Fee, and the basis on which that sum is calculated.
    3. Payment will be due on the date you receive each invoice.
    4. If you fail to pay an amount due to us by the final date for payment, then you will pay interest on the overdue amount at the rate of 4% per annum above the Bank of England’s base rate. Such interest shall accrue on a daily basis from the final date for payment until actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount. The parties acknowledge that your liability under this clause 9.4 is a substantial remedy for the purposes of section 9(1) of the Late Payment of Commercial Debts (Interest) Act 1998.

 

  • Adjusting the Fee
      1. The Fee will be adjusted if the performance of the Services is materially delayed or disrupted due to a change in the scope, size, complexity or duration of the Project, provided that we will not be entitled to any adjustment of the Fee where delay or disruption arises from our default or negligence, or the default or negligence of our sub-contractors or suppliers (if any).
      2. We will notify you of our intention to claim an adjustment to the Fee as soon as reasonably practicable after we become aware of any material delay or disruption to the Services.
      3. Unless the parties agree otherwise, any adjustment of the Fee under clause 10.1 shall be a reasonable amount and calculated by reference to any time charges set out in the Quotation.
  • Additional Services
      1. We will perform an Additional Service upon receipt of a written instruction to do so from you.
      2. Unless the parties agree otherwise, the Additional Fee shall be a reasonable amount calculated by reference to any time charges set out the Quotation, provided that no Additional Fee shall be payable if the requirement for an Additional Service arises from our default or negligence, or the default or negligence of our sub-contractors or suppliers (if any).
      3. Any Additional Fee payable by you shall be included in the next invoice following performance of the Additional Service to which it relates.
  • Termination
      1. Our appointment will end when we have provided the Services and the management and/or implementation of the Project is handed over to one or more other Construction Professionals.
      2. You may terminate your engagement under this appointment at any time by giving ten Business Days’ notice in writing to us.
      3. Either we or you may immediately terminate our engagement under this appointment by giving written notice to the other party if:
        1. the other party is in material breach of its obligations under this appointment and fails to remedy such breach within ten Business Days of receiving written notice requiring it to do so; or
        2. the other party becomes insolvent as defined in section 113 of the Housing Grants, Construction and Regeneration Act 1996 or:
          1. commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with any of its creditors other than (being a company) for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party; or
          2.  applies to a court for, or obtains, a moratorium under Part A1 of the Insolvency Act 1986.
  • Consequences of termination
    1. On termination in accordance with clause 12, you shall pay us:
      1. any amount properly due for payment under this appointment at the date of termination; and
      2. a fair and reasonable proportion of the next instalment of the Fee, together with any expenses and disbursements, commensurate with the Services properly performed at the date of termination.
    2. If our engagement under this appointment is terminated:
      1. by you in accordance with clause 12.2; or
      2. by us in accordance with clause 12.3,

you shall also pay any expenses and disbursements necessarily incurred by us as a direct result of termination.

  1. If our engagement under this appointment is terminated by you in accordance with 12.2 we shall also pay you the reasonable cost of procuring a replacement professional consultant to carry out any unperformed Services, to the extent that such cost exceeds the Fee (or, where the Fee is yet to be determined, our reasonable estimate of the Fee). Any such cost shall be deducted from the amount payable to us under 9.1 and if any shortfall remains following such deduction you may claim it as a debt due from us.
  2. Payment under 13.1 and 13.2 (if any) shall be:
    1. our sole entitlement to compensation for termination of our engagement under this appointment; and
    2. claimed by us as if it was a payment under 9.
  3. Except as set out in 13.1 and 13.2, we shall not be liable to you for:
    1. any costs, expenses, disbursements or losses;
    2. any loss of profits, loss of fees, loss of chance or other similar losses; or
    3. any indirect losses or consequential losses

arising out of termination of our engagement under this appointment.

  1. Termination of our engagement under this appointment shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of this appointment which existed at or before the date of termination.
  • Assignment and sub-contracting
      1. We may not assign or transfer our obligations under this appointment to any other person and you may not assign or transfer your rights under this appointment to any other person.
      2. We shall not sub-contract the performance of any of the Services without your prior written consent. We shall be responsible for any services we sub-contract to a third party as if we had performed such services ourselves.
  • Copyright
      1. We own all intellectual property rights (including copyright) relating to the Material we produce.
      2. We grant you, with immediate effect, an irrevocable, non-exclusive, non-terminable, royalty-free licence to copy and make full use of any Material prepared by, or on behalf of, us for any purpose relating to the Project and the Property, including the design, construction, completion, reconstruction, modification, refurbishment, development, maintenance, facilities management, funding, disposal, letting, fitting-out, advertisement, decommissioning, demolition, reinstatement, extension, building information modelling and repair of the Property and the Project.
      3. The licence in clause 15.2 allows you to use the Material in connection with any extension of the Project, but not to reproduce the designs contained in the Material in any such extension.
      4. The licence in clause 15.2 carries the right to grant sub-licences and is transferable to third parties with our prior consent.
      5. You shall not be liable for use of the Material for any purpose other than that for which it was prepared and/or provided.
      6. We may at any time (whether before or after completion of the Services, or after termination of your engagement under this appointment) request a copy or copies of (some or all of) the Material from you. On our payment of your reasonable charges for providing the copy (or copies), you shall provide the copy (or copies) to us.
  • Confidentiality
      1. Neither we nor you shall at any time during this appointment, and for a period of two years after termination of our engagement under this appointment, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs, except as permitted by clause 16.2.
      2. Each party may disclose the other party’s confidential information: 
        1. to its employees, officers, representatives, contractors, sub-contractors or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with this appointment. Each party shall ensure that its employees, officers, representatives, contractors, sub-contractors or advisers to whom it discloses the other party’s confidential information comply with this clause 16; and  
        2. as may be required by law, to a court of competent jurisdiction or any governmental or regulatory authority. 
      3. Neither we nor you shall use any other party’s confidential information for any purpose other than to exercise our rights or perform our respective obligations under or in connection with this appointment. 
  • Professional indemnity insurance
    1. We shall maintain professional indemnity insurance for an amount of at least £750,000  in the annual aggregate for a period beginning on the date of this appointment and ending six years after the date of practical completion of the Project, provided that such insurance is available at commercially reasonable rates and terms.
    2. We shall immediately inform you if our required professional indemnity insurance ceases to be available at commercially reasonable rates and terms, so that you can discuss with us how best to protect your and our respective positions regarding the Project and the Property, without that insurance. 
    3. Whenever you reasonably request, we shall send you evidence that our professional indemnity insurance is in force.

 

  • Limitation of liability

18.1 We will not be liable for the implementation and build by any Construction Professional of any design, whether or not the design is one we have created for you in providing Design & Planning services, and whether or not you select the Construction Professional following provision of Scope of Works & Tender services by us.

18.2 Without affecting any other limitation in this appointment, our liability under or in connection with this appointment shall be limited to the amount of Fees paid to us in the aggregate in any year of professional indemnity insurance. This limit shall apply however that liability arises including a liability arising by breach of contract, arising by tort (including the tort of negligence) or arising by breach of statutory duty, provided that this clause 18 shall not exclude or limit our liability for: 

  1. death or personal injury caused by our negligence; or
  2. fraud or fraudulent misrepresentation.
  • Notices
    1. Any notice or other communication given to a party under or in connection with this appointment shall be in writing and shall be: 
      1. delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
      2. sent by email to the address specified in Clauses 2.2 and 2.3. 
    2. Any notice or communication shall be deemed to have been received:
      1. if delivered by hand, at the time the notice is left at the proper address;
      2. 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; or
      3. if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this paragraph (c), business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
    3. This clause 19 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution. 

 

  • Third Party Rights
      1. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
  • Scope of appointment
      1. This appointment takes effect from the date when we commence performance of the Services, regardless of the date of this appointment.
      2. This appointment constitutes the entire agreement between us and you and supersedes and extinguishes all previous appointments, agreements, promises, assurances, warranties, representations and understandings between us and you, whether written or oral, relating to its subject matter.
      3. Each party acknowledges that in entering into this appointment it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this appointment. 
      4. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this appointment. 
      5. Nothing in this clause 21 shall limit or exclude any liability for fraud.
  • No oral variation

No variation of this appointment shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

  • Governing law

This appointment 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 law of England and Wales.

  • Jurisdiction

We and you irrevocably agree 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 appointment or its subject matter or formation.

MY-ARCHITECT 

PRIVACY POLICY

 

Welcome to My-architect Studio LLP’s privacy policy. 

My-architect Studio LLP respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you. 

This privacy policy is provided with the following numbered sections so you can easily find the specific areas set out below. You can find the policy on our website here. You can use the GLOSSARY at the end to understand the meaning of some of the terms used in this privacy policy.

 

  1. IMPORTANT INFORMATION AND WHO WE ARE
  2. THE DATA WE COLLECT ABOUT YOU
  3. HOW IS YOUR PERSONAL DATA COLLECTED?
  4. HOW WE USE YOUR PERSONAL DATA
  5. DISCLOSURES OF YOUR PERSONAL DATA
  6. INTERNATIONAL TRANSFERS
  7. DATA SECURITY
  8. DATA RETENTION
  9. YOUR LEGAL RIGHTS
  10. GLOSSARY
  • IMPORTANT INFORMATION AND WHO WE ARE

Purpose of this privacy policy

This privacy policy aims to give you information on how My-architect Studio LLP collects and processes your personal data through your use of our website, including any data you may provide through this website when you purchase services, request further information about our services or sign up to a newsletter. 

This website is not intended for children and we do not knowingly collect data relating to children or minors. 

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them. 

Controller

My-architect Studio LLP is the controller and responsible for your personal data (collectively referred to as “we”, “us” or “our” in this privacy policy).

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below. 

Contact details

If you have any questions about this privacy policy or our privacy practices, please contact our data privacy manager in the following ways:

Full name of legal entity: My-architect Studio LLP

Email address: harry.molyneux@my-architect.io

Postal address: 36 Claredale Street, London, United Kingdom, E2 6PG

Telephone number: +44 020 3538 1249

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance. 

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review and may update it from time to time. 

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

  • THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
  • Contact Data includes billing address, delivery address, email address and telephone numbers.
  • Financial Data includes bank account and payment card details.
  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website. 
  • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.  
  • Usage Data includes information about how you use our website, products and services. 
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time. 

  • HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your Identity, Contact, Financial and Marketing and Communications Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
  • request to buy products or services from us;
  • create an account on our website;
  • subscribe to our services or publications; 
  • request marketing to be sent to you;
  • enter a competition, promotion or survey; or
  • give us feedback or contact us. 
  • Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. 
  • Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below: 

Technical Data from the following parties:

  1. analytics providers based outside the UK or the EU; 
  2. advertising networks; and
  3. search information providers.

Contact, Financial and Transaction Data from providers of technical, payment or delivery services.

Identity and Contact Data from data brokers or aggregators.

Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the UK or the EU.

  Identity, Contact, Financial and Transaction Data from couriers.

Identity, Contact, Financial, Transaction, Profile, Usage and Marketing & Communications Data from our marketing and sales agents.

  • HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal obligation.

See LAWFUL BASIS in the GLOSSARY at the end to find out more about the types of lawful basis that we will rely on to process your personal data.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below. 

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To register you as a new customer. (a) Identity 

(b) Contact

 Performance of a contract with you
To process your request and deliver services, including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

 (a) Identity 

(b) Contact 

(c) Financial 

(d) Transaction 

(e) Marketing and Communications

 (a) Performance of a contract with you 

(b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy

(b) Asking you to leave a review or take a survey

 (a) Identity 

(b) Contact 

(c) Profile 

(d) Marketing and Communications

 (a) Performance of a contract with you 

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To enable you to partake in a prize draw, competition or complete a survey (a) Identity 

(b) Contact 

(c) Profile 

(d) Usage 

(e) Marketing and Communications

 (a) Performance of a contract with you 

(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)   (a) Identity

(b) Contact

(c) Technical

 (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you (a) Identity 

(b) Contact 

(c) Profile 

(d) Usage 

(e) Marketing and Communications 

(f) Technical 

 Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences (a) Technical 

(b) Usage 

 Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you (a) Identity 

(b) Contact 

(c) Technical 

(d) Usage 

(e) Profile 

(f) Marketing and Communications

 Necessary for our legitimate interests (to develop our products/services and grow our business)

Marketing 

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. 

Promotional offers from us 

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). 

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.

Third-party marketing 

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes. 

Website hosting

In addition, our company’s website is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and any services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time. 

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, any warranty registration, product/service experience or other transactions.

Change of purpose 

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. 

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

  • DISCLOSURES OF YOUR PERSONAL DATA

We may share your personal data with the parties set out below for the purposes set out in the table Purposes for which we will use your personal data above.

  • Internal Third Parties as set out in the GLOSSARY. 
  • External Third Parties as set out in the GLOSSARY.
  • Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy. 

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

  • INTERNATIONAL TRANSFERS

Some of our external third parties are based outside the UK so their processing of your personal data will involve a transfer of data outside the UK.

Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented: 

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
  • Where we use certain service providers, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK.  

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK. 

 

  1. DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

 

  1. DATA RETENTION

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for seven years after they cease being customers for tax purposes.

In some circumstances you can ask us to delete your data: see your legal rights below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you. 

  • YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please see the GLOSSARY at Section 10 below to find out more about these rights: 

  • Request access to your personal data.
  • Request correction of your personal data.
  • Request erasure of your personal data.
  • Object to processing of your personal data.
  • Request restriction of processing your personal data.
  • Request transfer of your personal data.
  • Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us. 

 

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated. 

 

  1. GLOSSARY

 

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

THIRD PARTIES

Internal Third Parties

Other companies at any time in the My-architect Studio LLP group acting as joint controllers or processors and provide IT and system administration services and undertake leadership reporting. 

External Third Parties

  • Service providers acting as processors based inside or outside the UK who provide IT, internet, website, email and system administration services[, including          ].
  • Payment service providers based inside or outside the UK[ including       ].
  • Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based inside or outside the UK who provide consultancy, banking, legal, insurance and accounting services, including Keystone Law [and    ].
  • HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the UK who may require reporting of processing activities in certain circumstances.
  • Delivery services, advertising networks, search information providers.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. 

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: 

  • If you want us to establish the data’s accuracy.
  • Where our use of the data is unlawful but you do not want us to erase it.
  • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims. 
  • You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it. 

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. 

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.