PLEASE READ THESE WEBSITE TERMS AND CONDITIONS AND PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE

Each of www.briobc.co.uk and www.briobc.com is a site operated by Brio Bath Limited. We are registered in England and Wales under company number 13502649 and have our registered office at 9 Bank Rd, Bristol, BS15 8LS

1  WEBSITE TERMS AND CONDITIONS

1.1  Who we are and how to contact us

Each of www.briobc.co.uk and www.briobc.com is a site operated by Brio Bath Limited. We are registered in England and Wales under company number 13502649 and have our registered office at 9 Bank Rd, Bristol, BS15 8LS.

We are regulated by the Royal Institution of Chartered Surveyors.

To contact us, please email info@briobc.com

1.2  By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. 

If you do not agree to these terms of use, you must not use our site.

We recommend that you print a copy of these terms of use for future reference.

1.3  There are other terms that may apply to you

These terms of use refer to the privacy policy set out below (the “Privacy Policy”) which also applies to your use of our site.

If you engage Brio Bath Limited to provide products or services, our terms and conditions of business will apply to such engagement.  These will be supplied to you separately. 

1.4  We may make changes to these terms

We amend these terms of use from time to time. Every time you wish to use our site, please check these terms of use to ensure you understand the terms that apply at that time.

1.5  We may make changes to our site

We may update and change our site from time to time.

1.6  We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions and that they comply with them.

1.7  We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms of use to another organisation. We will seek to ensure that the transfer will not affect your rights under the contract.

1.8  How you may use material on our site

You may not make a permanent copy of or reproduce our site or any of its contents in any form. You may not reproduce or incorporate our site or any of its contents into any other website. You may only print or cache temporary copies of the content for your own personal non-commercial use.

1.9  Do not rely on information on our site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

1.10 We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

1.11  Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

i)  We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

ii)  Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in our terms and conditions of business.

If you are a business user:

i)  We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

ii)  We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  1.  use of, or inability to use, our site; or
  2. use of or reliance on any content displayed on our site.
  3. In particular, we will not be liable for:
  4. loss of profits, sales, business, or revenue;
  5. business interruption;
  6. loss of anticipated savings;
  7. loss of business opportunity, goodwill or reputation; or
  8. any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

1.12  How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.   

1.13  We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

1.14  Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact info@briobc.com

1.15  General

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

These terms of use are the whole agreement between you and us in relation to the subject matter of these terms of use.  You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us (unless made fraudulently).  If a court decides that any part of these terms of use cannot be enforced, that particular part of these terms of use will not apply, but the rest of these terms of use will.

A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under these terms of use shall not prevent the exercise of that or any other right. You may not assign or transfer any benefit, interest or obligation under these terms of use .  The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms of use.

2  PRIVACY POLICY

2.1  Introduction

Brio Bath Limited (“we” or “Brio Building Consultancy”) 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 site (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

2.2  Purpose of this Privacy Policy

This Privacy Policy aims to give you information on how we collect and process your personal data through your use of our site, including any data you may provide through this site.

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.

2.3  Controller

Brio Building Consultancy is the controller and responsible for your personal data.

2.4  Contact details

If you have any questions about this Privacy Policy or our privacy practices, please email info@briobc.com

You have the right to make a complaint at any time to the Information Commissioner’s Office (“ICO”), the UK regulator 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.

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

We keep our Privacy Policy under regular review.

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.

2.6  Third-party links

Our site 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 site, we encourage you to read the privacy policy of every website you visit.

2.7  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:

i)  “Identity Data” includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.

ii)  “Contact Data” includes billing address, delivery address, email address and telephone numbers.

iii)  “Financial Data” includes bank account details.

iv)  “Transaction Data” includes details about payments to and from you and other details of products and services you have purchased from us.

v)  “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 our site.

vi)  “Profile Data” includes purchases made by you, your interests, preferences, feedback and survey responses.

vii)  “Usage Data” includes information about how you use our site, products and services.

viii)  “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.

2.8  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 products 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.

2.9  How is your personal data collected?

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

i)  Direct interactions. You may give us your Identity Data, Contact Data and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise.

ii)  Automated technologies or interactions. As you interact with our site, we may automatically collect Technical Data about your equipment, browsing actions and patterns.

iii)  Third parties or publicly available sources.

2.10  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:

i)  Where we need to perform the contract we are about to enter into or have entered into with you. 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.

ii)  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 (unless we have your consent or are otherwise required or permitted to by law). 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.

iii)  Where we need to comply with a legal obligation. 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.

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.

2.11  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 and deliver your purchases of products and 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 administer and protect our business and this site (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 site, 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 site updated and relevant, to develop our business and to inform our marketing strategy)

To make suggestions and recommendations to you about products 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)

2.12  Marketing

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

2.13  Promotional offers from us

We may use your Identity Data, Contact Data, Technical Data, Usage Data 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 products or services from us and you have not opted out of receiving that marketing.

2.14  Third-party marketing

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

2.15  Opting out

You can ask us or third parties to stop sending you marketing messages at any time 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, product/service experience or other transactions.

2.16  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.

2.17  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 above.

i)  Service providers, professional advisers (including lawyers, bankers, auditors and insurers), HM Revenue & Customs, regulators and other authorities who require reporting of processing activities in certain circumstances.

ii)  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.

2.18 International transfers

We do not transfer your personal data outside the UK.

2.19  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.

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.

2.20  Data retention

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.

In some circumstances you can ask us to delete your data: see 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.

2.21  Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data as set out below. If you wish to exercise such rights, please contact us. 

You have the right to:

i)  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.

ii)  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.

iii)  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.

iv)  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.

v)  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:

  1. If you want us to establish the data’s accuracy.
  2. Where our use of the data is unlawful but you do not want us to erase it.
  3. 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.
  4. You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
  5. 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.
  6. 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.

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.

2.22  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.