Builder’s Profile (UK) Ltd – Subcontractor Terms and Conditions

Last Revised : 24-08-2021

These terms and conditions govern your organisations's membership of the Builder’s Profile service. Please read them carefully. If you do not agree with them, please contact our Support Desk before proceeding. We reserve the right to update these terms and conditions from time to time.

Your use of the service through account creation or account logon subsequent to the last revision date (see above) is deemed to be your acceptance of these terms and conditions.

1. Jurisdiction and Governing Law

   1. The law of England and Wales will apply to this agreement.

2. Definitions

   BP: The Builder’s Profile service – the service in its entirety.

   BP (UK); ‘We’; ‘Our’; ‘Us’: Builders Profile (UK) Ltd – the Company and its employees providing the BP Service.

   Vendor; ‘You’; ‘Your’: Your company or other business entity. A user and/or an organisation who enters data into the BP service via a BP Account and the use of BP Profiles.

   Profile Data: Data submitted by Vendors.

   Primary Contact: The main point of contact between BP (UK) and the Vendor. Normally the person who creates the BP account, enters the Vendor data into the Profile and submits the Profile to one or more Contractors.

   Contractor: An organisation and its employees that has access to data entered by Vendors.

   Relevant Parties: These may include but are not limited to: clients, main contractors; HM Government departments etc.

   The following definitions of terms used support Article 4 of the European Union’s General Data Protection Regulation (GDPR):

   Personal Data: Any information relating to an identified or identifiable natural person ("Data Subject") who can be directly or indirectly identified.

   Sensitive Personal Data: Personal data which are, by their nature, particularly sensitive in relation to fundamental rights and freedoms.

   Data Controller: The natural or legal person, public authority, agency or any other body, which alone or jointly with others, determines the purposes and means of the processing of personal data.

   Data Processor: The natural or legal person, public authority, agency or any other body, which processes personal data on behalf of the Data Controller.

3. Builder’s Profile Membership

   1. Membership of the Builder’s Profile service enables you to publish and maintain your corporate information and PQQ supporting documentation through the Builder’s Profile online portal.
   2. Membership provides a range of benefits and efficiency savings. These are detailed on our website www.buildersprofile.co.uk and may change from time to time as new benefits are added.

4. Responsibilities and Liabilities

   1. Neither party shall exclude or restrict its liability in connection with the Builder’s Profile service resulting from death or personal injury caused by negligence.

5. Your Responsibilities and Liabilities

   1. You are responsible for updating and maintaining the Primary Contact details to ensure that important account specific communications are received by the correct person.
   2. We communicate important account and system information to you by email and you are required to provide a valid email address for all data users to receive communications where applicable:
      • Logon creation confirmations
      • System workflow notifications
      • New feature descriptions
      • System update or maintenance notifications
   3. You allow us to use your company name and logo on our website and within the Builder’s Profile service.

6. Our Responsibilities and Liabilities

   1. The Builder's Profile service is designed to facilitate collaboration and the sharing of Vendors’ information.
      1. We are responsible for ensuring that your information is securely stored.
      2. We will provide email reminders to you when important dated information becomes out of date.
      3. We are responsible for making your data accessible to relevant parties in line with the delivery of the Builder’s Profile service.
      4. We are not responsible and have no liability for how those relevant parties subsequently use the data.
      5. We will not sell Profile data or other Personal Data to any third-party organisation.
   2. We shall not be responsible for any failure by us to perform our obligations to you in relation to your subscription where this failure is caused by circumstances beyond our control. We are however under a legal duty to supply a service that conforms to our contract with you.
   3. Our liability to you in connection with your Membership subscription will not exceed the total subscription fees charged for your current subscription period (being in all cases a maximum of twelve months). We exclude all other liability to you to the extent permitted by law.
   4. We will not be liable for any loss, liability, claim or damage arising in relation to these terms and conditions or from the use of our service. In no case shall we be liable to you for any loss of profits, business, revenue, goodwill or anticipated savings or consequential loss or damage whether caused by negligence or otherwise.

7. ‘Basic’ Membership

   1. You may register for a free Basic Membership service via our website.
   2. We reserve the right to refuse to accept any application for Basic Membership for any reason.
   3. Basic Membership requires that you complete a separate Profile for each Contractor (Client) with whom you wish to share your information.
   4. Basic Membership can be upgraded to Premium Membership at any time.

8. ‘Premium’ Membership

   1. ‘Premium’ membership is an annual subscription service providing additional savings and benefits to those available under ‘Basic’ Membership.
   2. We reserve the right to refuse to accept any application for Premium Membership for any reason.
   3. We grant permission for Premium Members to use the Builder’s Profile name and logo to promote your company and your Premium Membership status for the duration of your Premium Membership.
   4. You may apply and pay for Premium Membership subscription via our website or by contacting our support desk

   5. Premium Membership - Subscription Period
      1. Once payment is received, your subscription will commence and continue until its expiry date - normally 12 months from the payment date, or until it is terminated by either party in accordance with the provisions of section 8.7
      2. Please note that the minimum subscription period is 12 months. We reserve the right to withdraw or change any subscription and/or price at any time. This will not affect any Premium Membership subscription period for which you have already paid. If the price of your subscription changes during your subscription period, the revised price will apply from your normal renewal date.

   6. Premium Membership - Payment

      1. You agree to pay the subscription price for the Premium Membership you have elected to purchase. Details of prices and discounts are available on our website (Subcontractor And Supplier Service Costs) or by telephoning our Support team (Contact Us)

   7. Premium Membership - Renewal

      1. We will notify you when your subscription period is due to expire. Renewal ahead of the expiry date will extend Premium Membership for 12 months from the current expiry date.
      2. Should you choose not to renew your Premium Membership subscription, you may downgrade to Basic Membership which is a free service. When downgrading you Premium Profile can be re-assigned to any single main contractor and will become your Basic Profile for that contractor. As a Basic Member you will then need to complete separate Profiles for any other contractors with whom you wish to share your information. For further details, please visit: Our Subcontractor And Supplier Service Costs

   8. Premium Membership - Termination and Expiry

      1. You have the right to cancel your Premium Membership subscription and receive a full refund without giving any reason by informing our customer services department by email within 14 days of making payment.
      2. Following the initial 14 day cooling-off period, any refund for cancelled Premium Membership subscriptions will be made entirely at our discretion.

9. Data Protection, Privacy and Security

   1. Builder’s Profile meets its legal requirements including those applicable to personal data under the Data Protection Act and the General Data Protection Regulation (GDPR). We operate in accordance with our Data Privacy Statement. Builder’s Profile is committed to protecting the security of its information systems in order to ensure that:
      • all online data storage is secure and only accessible to those entitled to access it
      • all processing of personal data is transparent
      • all personal data is handled in line with the GDPR and our Data Privacy Statement
      • the integrity of software is maintained, up to date and fit for purpose
      • information is always available to those who need it and there is no disruption to the service
   2. GDPR requires us to detail the Personal Data we collect; the lawful basis under which it is processed; and the Data Subject’s rights to access, amend and erase it. All of this is contained in our Data Privacy Statement which should be read in conjunction with these Terms and Conditions.
   3. We may collect information from you which constitutes ‘Personal Data’. ‘Personal Data’ will be used for purposes as specified in our Data Privacy Statement.
   4. Each party undertakes to comply with its obligations under relevant applicable Data Protection and GDPR Laws. You acknowledge and agree that you have the lawful basis under Data Protection and GDPR laws for providing us with or allowing us to collect from you the personal data required for the purposes and processes defined in our Data Privacy Statement.

10. Support Team

    If you have any questions about the Builder’s Profile service or our terms and conditions, please contact us via:

    Tel: 01305 236152

    Email: info@buildersprofile.co.uk

Builder’s Profile (UK) Ltd – Data Privacy Statement

Last Revised : 24-08-2021

1. Statement of Policy

   BUILDERS PROFILE (UK) LTD is committed to protecting and respecting your privacy. This policy (together with our terms and conditions and any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. It explains how we meet our responsibilities under Data Protection and GDPR law. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By creating a Builder’s Profile Account and using the Builders Profile service you are accepting and consenting to the practices described in this policy.

2. Definitions

   BP: The Builder’s Profile service – the service in its entirety.

   BP (UK); ‘We’; ‘Our’; ‘Us’: Builders Profile (UK) Ltd – the Company and its employees providing the BP Service.

   Vendor; ‘You’; ‘Your’: Your company or other business entity. A user and/or an organisation who enters data into the BP service via a BP Account and the use of BP Profiles.

   Primary Contact: The main point of contact between BP (UK) and the Vendor. Normally the person who creates the BP account, enters the Vendor data into the Profile and submits the Profile to one or more Contractors.

   Contractor: An organisation and its employees that has access to data entered by Vendors.

   The following definitions of terms used support Article 4 of the European Union’s General Data Protection Regulation (GDPR):

   Personal Data: Any information relating to an identified or identifiable natural person ("Data Subject") who can be directly or indirectly identified.

   Sensitive Personal Data: Personal data which are, by their nature, particularly sensitive in relation to fundamental rights and freedoms.

   Data Controller: The natural or legal person, public authority, agency or any other body, which alone or jointly with others, determines the purposes and means of the processing of personal data.

   Data Processor: The natural or legal person, public authority, agency or any other body, which processes personal data on behalf of the Data Controller.

3. Personal Data

   BP (UK) collects, stores and processes certain Personal Data for the performance of its business of collecting and disseminating construction industry pre-qualification and compliance information. Data is also obtained from Vendors about their employees and some 3rd party connected organisations. This data is shared or used for electronic communications (including marketing) only where consent has been given unambiguously or where BP (UK) has a legitimate interest.

   BP (UK) does not collect, store or process any Sensitive Personal Data as defined under the GDPR

   Wherever BP (UK) collects, stores and processes Personal Data, BP (UK) is the Data Controller as defined under GDPR.

   Personal Data collected by BP includes but may not be limited to:

   • Vendor Primary Contact - Name; Email address; Phone number
   • Other Vendor employees - Name; Email address; Phone number; Job
   • 3rd Parties (eg Insurance Broker) – Email address
   • Contractor Users - Name; Email address; Phone number

4. Data Processing and Lawful Basis

   GDPR requires organisations to have a ‘lawful basis’ for each purpose or process involving Personal Data. BP (UK) processes the collected Personal Data in a number of different ways leading to a number of different lawful bases.

   Process: Collection and Dissemination of Vendor pre-qualification and compliance information

   Role: Data Controller

   Lawful Basis: Legitimate Interest

   It is the purpose of the BP service to facilitate the efficient collection and dissemination of the data. It is in the best interests of both Vendors and Contractors to achieve this through the BP online database. It is BP (UK)’s considered opinion that Vendors will expect this to happen when they choose to use the BP service (by creating a BP account) and that processing the data in this way has a minimal impact on personal privacy.

   Process: BP system generated communications to Vendor Primary Contacts

   Role: Data Controller

   Lawful Basis: Contract

   BP (UK) have a contractual obligation to communicate Contractor information requests; account status and other system generated communications to Vendor organisations via the Primary Contact.

   Process: BP (UK) marketing emails

   Role: Data Controller

   Lawful Basis: Consent

   Marketing emails will only be sent where unambiguous consent has been given.

   Process: Contractor User Administration

   Role: Data Controller

   Lawful Basis: Legitimate Interest

   BP (UK) have a legitimate business need to know who is using our Contractor service and to be able to easily communicate with them regarding system administration; features and usage statistics. It is BP (UK)’s considered opinion that users will expect this to happen when they choose to use the BP service (by accepting the BP Terms and Conditions) and that processing the data in this way has a minimal impact on personal privacy.

5. Uses of the Data Provided

   Information you give to us. We will use this information:

   • to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
   • to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
   • to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. Where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this;
   • to notify you about changes to our service;
   • to ensure that content from our site is presented in the most effective manner for you and for your computer.

   Information we collect about you. We will use this information:

   • to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
   • to allow you to participate in interactive features of our service, when you choose to do so;
   • as part of our efforts to keep our site safe and secure;
   • to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
   • to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.

   Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).

6. Disclosure of your Information

   We may share your information with selected third parties including:

   • Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
   • Analytics and search engine providers that assist us in the improvement and optimisation of our site.
   • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use; or to protect the rights, property, or safety of BUILDERS PROFILE (UK) LTD, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

7. Your Rights

   You have the right to ask us not to process your personal data for marketing purposes. We will only process your personal data for marketing purposes if we have your unambiguous consent. You can give or remove your consent via your Preferences screen. You can also exercise this right at any time by contacting us at our registered address or by email to info@buildersprofile.co.uk Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites. The GDPR provides the following rights for individuals:

   • The right to be informed
   • This Data Privacy Statement informs you of data processing carried out by BP (UK)
   • The right of access
   • You can access the data we store about you either by logging on to your account or by sending us an information request
   • The right to rectification
   • If your data is inaccurate, you may correct it either by logging on to your account or by sending us an update request
   • The right to erasure
   • Data may be erased either by logging on to your account or by sending us a removal request. Data will be removed if there is no compelling reason (eg legal requirement) for it to be kept
   • The right to restrict processing
   • You may request restricted processing beyond that available via your specified Preferences, however this may mean that consequently we are unable to continue to offer the BP service to you.
   • The right to data portability
   • You have the right to request your data be returned to you in a manner and format convenient to move to another electronic device or service.
   • The right to object
   • You have the right to object to the way BP (UK) handles and processes your Personal Data and to question our ‘legitimate interest’. Upheld objections will result in BP (UK) ceasing to process your Personal Data.
   • Rights in relation to automated decision making and profiling.
   • BP (UK) and the BP service do not perform any automated decision making or profiling based on any Personal Data

8. Contact

   Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to:

   The Data Manager

   Builder’s Profile (UK) Limited

   Basepoint Business Centre

   15 Jubilee Close

   Weymouth

   Dorset

   DT4 7BS

   Or sent via email to: info@buildersprofile.co.uk