+44 (0)3333 443013 enquiries@fusion-13.co.uk
OUR POLICIES

Our privacy
and cookie policy

Privacy & Cookies

Welcome to our privacy notice for business clients, consumer (householder) clients and suppliers with cookie policy (combined). We respect your privacy and we are committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.

This privacy notice has been updated to reflect the changes introduced by both the UKs Data Protection Act 2018 and the EUs General Data Protection Regulation both of which became enforceable on 25 May 2018.

Fusion 13 (Design & Energy) Ltd is a company incorporated and registered in England and Wales under company number 08475924 with its registered address at Hanover House, Market Place, Easingwold, York YO61 3AD (collectively referred to as “Fusion 13”, “we”, “us” or “our” in this privacy notice).

As Fusion 13 is a “data controller”, we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.

Fusion 13 is committed to protecting the privacy and security of your personal information. Further, we are also committed to being clear and transparent about how we collect and use that data and to meeting its data protection obligations.

Our Privacy Notice is structured in a way for you to easily find the specific details of what we do with your personal data, depending on the type of relationship we have with you.

Part 1 of our Privacy Notice is information we must tell everyone regardless of the relationship we have with you. Parts 2, 3 and 4 give information that is specific to the relationship we have with you.

 

Part 1 – General information

Controller’s contact details

Fusion 13 is the data controller, as defined by GDPR Article 4(7) and DPA18 6(2), for the personal data we process about you.

You can contact us via one of the following ways:

Telephone: 0333 344 3013
Email: admin@fusion-13.co.uk

Postal Address:
Fusion 13
Hanover House,
Market Place,
Easingwold,
York
YO61 3AD 

Data protection co-ordinator

Fusion 13 do not have a legal obligation under GDPR to appoint a Data protection officer. We have however appointed a Data protection co-ordinator to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the data protection co-ordinator Email: admin@fusion-13.co.uk Telephone: 03333 443013).

Data protection principles

Fusion 13 will comply with data protection law, this means that the personal information we hold about you must be:

  1. Used lawfully, fairly and in a transparent way.
  2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
  3. Relevant to the purposes we have told you about and limited only to those purposes.
  4. Accurate and kept up to date.
  5. Kept only as long as necessary for the purposes we have told you about.
  6. Kept securely.

Your Rights

Depending on the purpose and legal basis we rely on for processing your personal data, there are various rights available to you. You can:

We currently do not undertake:

  • any solely automated decision-making, including profiling, about you.

You do not have to pay a fee to us to exercise any of your rights. However, if your request is manifestly unfounded or excessive, we do have the right to either charge a reasonable fee or refuse the request.

We shall respond to your request within one month of receiving it.

If you wish to make a request, please contact our Data protection co-ordinator.

How to make a complaint to the UK Supervisory Authority

If you are not happy with how we have been processing your personal data or have not dealt with one of your rights correctly when you have asked us to you may lodge a complaint with the Information Commissioners Office (ICO). The ICO has several ways in which you can get in touch with them, including post, email, and online forms. To find out how visit 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.

Who we will share your personal data with

Depending on the relationship we have with you and the service you have undertaken with us we may need to share your personal data, full details of the types of recipients are shown in section “Who we will share your personal data with”.

However, regardless of the relationship and service taken some of your personal data may also be accessed and seen by our third-party outsourced service providers and consultants, depending on the service they are providing and the data they need to access to provide their service to us. We outsource or use a consultancy service for the following areas of work:

  • Website hosting – the contractor has access to the data on the “contact us” form;
  • Email hosting – the provider and our IT consultant have access to email accounts;
  • IT service and maintenance – the contractor has access to network and systems that contain personal data to undertake routine maintenance and deal with IT related problems;
  • Accountancy – will see purchase ledgers and invoices, these will contain names and addresses;
  • Debt management – to pursue outstanding debts;
  • Solicitors or Legal Advisors – to provide legal advice, review contracts, or to deal with issues about the goods or services we have received and dispute cases;
  • HR advice; and
  • Marketing.

We may also need to share your personal data with a third party if we are required to do so by law.

We do not share, sell or rent your personal data to third parties for them to use for their own marketing purposes.

Transferring personal data outside of the UK and EU

The only personal data that is not currently stored in the UK and EU is our back-up IT server. This is located in the United States of America. The transfer of personal data to the back-up IT server is done on the following basis:

Adequacy decision in place (GDPR Article 45)
The back-up IT server provider is registered under the EU-US Privacy Shield framework.

Links to other websites

Our website may provide links to websites of other organisations. Our Privacy Notice does not cover how those organisations processes your personal data. We advise you to read the Privacy Notice of those organisations websites you visit.

Visitors to our website

We use Google Analytics to monitor how our website is being used by visitors. We in turn use this information to improve the user experience of our website.

We place cookies on your machine, these are stored on your computer’s hard disk. They only identify your computer rather than the individual using the computer. The cookies collect statistics about site usage such as when you last visited the site. The cookies contain randomly generated IDs used to recognise your browser when you read a page.

The Google Analytics cookies are called _ga, _gid and _gat.

Cookie Name Expiration Time Description
_ga 2 years Used to distinguish users
_gid 24 hours Used to distinguish users
_gat 1 minute Used to throttle request rate

We rely on your consent to store cookies on your machine and we encourage you to accept the cookies our website uses as they help us to improve the user experience for you and others.

If you do not want to receive cookies from this website, select cookie settings under the privacy settings in your browser options, then add our domain to the list of websites you do not want to accept cookies from. Under settings you can also delete individual cookies or any cookies that your browser has stored.

You can find more information on how to delete and control cookies at About Cookies. You can read more details on Cookies and Google Analytics.

Changes to our Privacy Notice

We keep our Privacy Notice under review to ensure it remains accurate and up to date. This Privacy Notice was last reviewed November 2020.

 

Part 2 – Business to consumer (Householders)

What data we need

For us to provide our services to you we need to collect and use certain information about you. The information we need is:

  • Name (first and last name)
  • Address (home and the property where architectural services are required if not your home address)
  • Email address (personal and/or work)
  • Landline telephone number (personal and/or work)
  • Mobile number (personal and/or work)
  • Bank details (only in certain circumstances, for example to repay any overpayments)
  • Photos of projects undertaken
  • Any other information you give to us that you feel is relevant for the work we are undertaking

In some cases, we will need to gather information relating to health or religious beliefs if it is necessary for the architectural services we are designing for your property and/or for submission with the planning application and/or building regulations documentation.

We do not provide our services to children.

How we get your information

We gather this information about you both directly and indirectly.

Directly

When you contact us to either enquire about our services or to take out one or more of our services, we will gather the necessary information from you, depending on the nature of the enquiry or service being provided. The information is usually gathered via email, telephone, face-to-face or when you complete our web-based contact form.

Indirectly

We may obtain your name, address and telephone contact details from another architect who has contracted us to undertake SAP calculations or other energy calculations for your property.

Purpose and legal basis for processing

We provide a full range of planning and architectural services to our household customers, which includes.

  • Architectural and/or planning services – which can include drawing up plans for property development both residential and commercial; for planning permission and building regulations; submission and liaison with the relevant Local Authorities;
  • SAP calculations, EPC certificates or other energy calculations;
  • Sustainability Statements and Energy Statements;
  • Site planning appraisals;
  • Pre-application advice; and
  • Planning appeals.

The legal basis we rely on are:

Contractual obligation (GDPR Article 6(1)(b))

The services we provide to you are done so under contract or with a view to entering into a contract (i.e. you have asked us to provide a fee proposal or tender to undertake the service).

We require certain information from you to enable us to fulfil our pre-contractual and contractual obligations. If you are not able to provide all the information, we need we may not be able to provide the service to you and the arrangement may be terminated.

Explicit Consent (GDPR Article 9(2)(a))

We rely on explicit consent to allow us to process personal data relating to health or religious beliefs of either yourself or a member of your household. Depending on the service we are providing to you it may be relevant for you to share with us any health or religious beliefs. For example, when developing plans for your property we may need to factor in accessibility requirements. Information as to why this is needed may be included in the Design and Access Statement submitted with the planning application.

You can withdraw your consent at any time if you no longer want us to process the health or religious data you have given to us.

Who we will share your personal data with

Depending on the type of service you ask us to undertake your personal data may be shared with anyone of the following:

  • Structural Engineers;
  • Structural Surveyors;
  • Environmental specialists (this includes asbestos, ecology, flood, acoustic, air pressure testings, energy assessors);
  • Planning and Heritage Consultants;
  • Freelance staff;
  • Mechanical and Electrical Engineers;
  • Building Control Teams;
  • Building Contractors;
  • Photographers;
  • Land Agents;
  • Estate Agents;
  • Employers Agents;
  • Landscape Architects;
  • Highways Consultants;
  • Quantity Surveyors;
  • Manufacturers and suppliers (e.g. Insulation, timber frame, brick, roofing);
  • Interior designers;
  • Architectural practices;
  • CGI artists;
  • Insurers.

How long we keep it

When we have concluded the provision of our architectural or planning service to you, we will keep your data for a period of seven years before it is securely disposed.

Information relating to SAP and SBEM calculations (including EPCs) is kept for 15 years before it is securely disposed. Note this would include all architectural drawings and information that was required in order to produce the SAP/SBEM/EPC calculation.

 

Part 3 – Business to business

What personal data we need

For us to provide our services to you we need to collect and use a small amount of information about you, or the individuals who work at your organisation. The information we need is:

  • Your business name;
  • The name (first and last name) of the person who we are liaising with at your business (in some cases this may be several staff members details);
  • Business postal address;
  • Business email address;
  • Business telephone number;
  • Business mobile number;
  • Copyright licence (where you give us drawings and have relevant permissions for us to use them);
  • Business bank details (only in certain circumstances, for example to repay any overpayments);
  • Photographs of projects undertaken;
  • Any other information you feel is relevant for the work we are undertaking.

We do not collect any of the special categories of personal data.

We do not provide our services to children.

How we get your personal data

We gather this information about you both directly and indirectly.

Directly

When you contact us to either enquire about our services or to take out one or more of our services, we will gather some or all the information from you, depending on the nature of the enquiry or service(s) being provided. The information is usually gathered via email, telephone, face-to-face or when you complete our web-based contact form.

Indirectly

We may obtain some information about you through the course of submitting tenders to undertake work.

We will obtain contact details about you from third parties who have informed us that you are seeking a service that we provide and that it would be beneficial for us to contact one another.

Purpose and legal basis for processing

We use your personal data to provide you with one or more of our services, which include:

  • Architectural and/or planning services – which can include drawing plans for property development both residential and commercial; for planning approval and building regulations; Conveyance plans; measured surveys; listed building applications; or architectural plans for any other purpose; and submission and liaison with the relevant Local Authorities where necessary;
  • Architectural CGI renders for illustrative purposes;
  • SAP calculations or SBEM calculations and other energy calculatons;
  • Sustainability Statements;
  • Environmental or Energy Statements;
  • Site planning appraisals;
  • Pre-application advice;
  • Planning appeals.

The legal basis we rely on are:

Contractual obligation (GDPR Article 6(1)(b))

The services we provide to you are done so under contract or with a view to entering into a contract (i.e. you have asked us to provide a fee proposal or tender to undertake the service).

We require certain information from you to enable us to fulfil our pre-contractual and contractual obligations. If you are not able to provide all the information, we need we may not be able to provide the service to you and the arrangement may be terminated.

Legitimate interests (GDPR Article 6(1)(f))

We rely on legitimate interests to allows us to contact a business who has expressed an interest in using an architectural or planning service and has been referred to us by a third party.

We have undertaken a legitimate interest assessment, which balances our business purposes for the processing of your business contact details against your right to privacy. The outcome of the balancing test justifies our use of legitimate interests for this purpose.

It would not be an unreasonable expectation for you to be contacted by us to discuss the services we provide, especially when you may have informed a 3rd party that you are looking for such service providers.

You always have the right to object to this processing activity. If you tell us that you don’t want us to contact you, either when we first contact you or anytime afterwards, we will no longer do so. If you change your mind and contact us at some point in the future to make enquires about our services, we will process your personal data for that purpose.

Who we will share your personal data with

Depending on the type of service you ask us to undertake your personal data may be shared with anyone of the following:

  • Structural Engineers;
  • Structural Surveyors;
  • Environmental specialists (this includes asbestos, ecology, flood, acoustic, air pressure testing, energy assessors);
  • Planning Consultants (including Heritage Consultants);
  • Mechanical & Electrical Engineers;
  • Building Control Teams;
  • Building Contractors;
  • Photographers;
  • Land Agents;
  • Estate Agents;
  • Employers agents;
  • Landscape architects;
  • Highway consultants;
  • Quantity surveyors;
  • Manufacturers and suppliers (e.g. Insulation, timber frame, brick, roofing);
  • Interior designers;
  • Architectural practices;
  • CGI artists;
  • Freelance staff;
  • CGI artists;
  • Insurers.

How long we keep it

When we have concluded the provision of our architectural or planning service to you, we will keep your data for a period of seven years before it is securely disposed.

Information relating to SAP and SBEM calculations (including EPCs) is kept for 15 years before it is securely disposed. Note this would include all architectural drawings and information that would was required in order to produce the SAP/SBEM calculation.

 

Part 4 – Suppliers

What personal data we need

For us to pay you for the service or goods you have provided to us we need to collect and use a small amount of information about you and your business, this is also likely to include some information about the individuals who work at your business. The information we need is:

  • Your business name;
  • The name (first and last name) of the person who we are liaising with at your business (in some cases this may be several staff members details);
  • Business postal address;
  • Business email address;
  • Business telephone number;
  • Business mobile number;
  • CV and qualifications;
  • Bank details to enable payment to be made;
  • Any other information you feel is relevant for the purposes of the processing.

We do not collect any of the special categories of personal data.

We do not collect and process information about children.

How we get your personal data

We gather this information about you both directly and indirectly.

Directly

When we start to use your services or have purchased goods from you, we gather the relevant information from you to enable us to process payment for those services and goods.

Indirectly

We may obtain information such as your business name and contact details from publicly available sources or recommendations from third parties to enable us to contact you to enquire about the services and goods you provide prior to us entering into a contract for those services or goods

Purpose and legal basis for processing

We use your personal data to either enquire about the services or goods you provide that we may be interested in purchasing or to make a purchase. We then use your personal data to pay for those goods and services when you invoice us or to raise any queries about the payment.

The legal basis we rely on are:

Contractual obligation (GDPR Article 6(1)(b))

The services or goods you have provided to use are done so under contract or with a view to entering into a contract (i.e. we have asked you for a quote for the goods or to undertake the service for us).

We require certain information from you to enable us to fulfil our part of the pre-contractual and contractual obligations, e.g. we need to have certain information to make the purchase and to process payment. If you are not able to provide all the necessary information for us to do this, we will not be able to purchase the goods or services you provide or be able to make payment once purchased.

How long we keep it

We keep supplier and payment details for six years from the end of the financial year to which it relates in line with HMRC requirements.

Terms

Terms of use for all

Fusion 13 (Design & Energy) Ltd is a company incorporated and registered in England and Wales under company number 08475924 with its registered address at Hanover House, Market Place, Easingwold, York YO61 3AD (collectively referred to as “Fusion 13”, “we”, “us” or “our” in these Terms).

You may print off one copy only of any individual page for your own personal use. This includes making copies solely for the purpose of storing the same into a cache memory or copies made when the file is downloaded, as long as you do not do any of the things detailed under “What you are not allowed to do”.

What you are not allowed to do

  1. You are not allowed to copy (whether by printing onto paper, storing on disk or any other way), distribute (including distributing copies), tamper with or alter in any way or otherwise use any material contained in this website except as set out above in “What you are allowed to do”.
  2. You are not allowed to copy any material from this website for any other commercial purpose.
  3. You are not allowed to remove any copyright, trademark or other intellectual property notices or watermark contained in the original material or from any material copied or printed from the website.
  4. You are not allowed to use the website for any activities that breach any laws, infringe any other parties’ rights, or breach any standards, content requirements or codes published by any relevant authority.
  5. You are not allowed to use the site in any way that interferes with our systems, other users or harasses, menaces or harms anyone. You will indemnify us from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of, or in any way connected with, use of the site by you or any other person using your login information.
  6. You are not allowed to use the site to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand.

Ownership, Copyrights and Trademarks

This website consists of images, texts, formats and styles of presentation, software (including HTML code) and material analogous to it (“Material”). All copyright and other moral, ownership and intellectual property rights capable of subsisting in the Material or derivatives of it from time to time is either owned exclusively by or is licensed to Fusion 13.

You acknowledge our rights to the Material. Save as provided elsewhere in these Terms you must not copy, modify, manipulate, transmit, perform, publish, display license or create derivative works from Material accessed through this website. Where copying or transmission is expressly permitted, you must not display any author attribution or copyright notice.

This website also contains certain trademarks (whether granted or applied for), graphics, logos and service names (“Devices”). The Devices may not be copied or reproduced in any format (save as provided elsewhere in the Terms), or used in connection with any product or service without Fusion 13 consent or in any manner that is likely to cause confusion among the public, disparages or discredits Fusion 13 or a subsidiary. All other trademarks not owned by Fusion 13 or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Fusion 13 or its affiliates.

Changes to these Terms and Conditions

We may at any time change or modify all or any part of these Terms. By browsing this website, you are accepting that you are bound by the terms and conditions and disclaimer current at that time, so you should check these each time you visit the site.

Contributions

Any people who are used as subjects from photographs, and are identifiable from those photographs, must give written permission for its use. This must be obtained from the parent or guardian if a child or young person is the subject.

Where you are invited to submit any contribution to our Website (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant Fusion 13 a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in our Privacy Policy.

If you do not want to grant to Fusion 13 the rights set out above, please do not submit your contribution to Fusion 13.

Further, by submitting your contribution to Fusion 13, you warrant that your contribution:

  1. is your own original work and that you have the right to make it available to Fusion 13 for all the purposes specified above. You must not violate, plagiarise, or infringe the rights of third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights.
  2. is not defamatory
  3. does not infringe any law
  4. indemnifies Fusion 13 against all legal fees, damages and other expenses that may be incurred by Fusion 13 as a result of your breach of the above warranty; and
  5. waives any moral rights in your contribution for the purposes of its submission to and publication by Fusion 13. and the purposes specified above.

Further:

  1. Contributions must be civil and tasteful
  2. contributions must be constructive and polite, not mean-spirited, offensive, abusive or contributed with the intention of causing trouble.
  3. No unlawful or objectionable content: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.
  4. No spamming or off-topic material: we don’t allow the submission of the same or very similar contributions many times.
  5. Please don’t re-submit your contribution, or contribute off-topic material.
  6. No advertising
  7. Only contributions in English will be accepted.
  8. No impersonation
  9. No inappropriate (such as vulgar or offensive) user names
  10. Deliberate misuse of the Share with the world section is not permitted. If you persist in doing this action may be taken against your account.
  11. You may not submit any defamatory or illegal or unlawful material of any nature in www.fusion-13.co.uk. This includes text, graphics, video, programs or audio.
  12. Contributing material with the intention of committing or promoting an illegal act is strictly prohibited.
  13. The views expressed by members of the public which may appear on this website are not necessarily those of Fusion 13.

If you’re under 16:

Please get a parent’s or guardian’s permission before submitting anything to this website.

If you breach these Terms of Use:

  1. If you fail to abide by these Rules, you will be sent an e-mail which informs you why your contribution has been failed or edited.
  2. If you post or send offensive or inappropriate content anywhere on or to Fusion 13, or otherwise engage in any disruptive behaviour on the website, and Fusion 13 considers such behaviour to be serious and/or repeated, Fusion 13 may use whatever information that is available to it about you to stop any further such infringements. This may include informing relevant third parties such as your employer, school or email provider about the infringement/s.
  3. Fusion 13 reserves the right to delete any contribution, at any time, for any reason.

Liability Disclaimer

We have taken reasonable steps to ensure the information provided by us on this website is accurate at the time you view it. However, we cannot and have not checked the accuracy of all information provided by outside sources or by the providers of other information or of other parties linked to or from the website.

All such information is provided in good faith and Fusion 13 excludes liability for any errors, omissions or misleading information (unless made recklessly or fraudulently) to the maximum extent permitted by law, together with all implied warranties in connection with such information.

This website contains hyperlinks to other websites, meaning sites published by parties other than Fusion 13. Such hyperlinks are provided for your reference only. Fusion 13 does not operate such sites and is therefore not responsible for their content. Furthermore, our inclusion of the hyperlinks does not imply any endorsement of material on such websites or any association with their operators.

We make no warranty or representation relating to the availability of this website and have no liability to you should this website become unavailable to you for any reason.

In no circumstances shall Fusion 13 be liable for any injury, loss, claim, damage or any incidental or consequential damages, including but not limited to loss of profits or savings, arising out of, or in any way connected with, the use of any data or information services displayed on this site. This shall not apply to direct personal injury or death.

The use of this website and these Terms shall be subject to the laws of England and the jurisdiction of the English courts.

If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.