Terms & Conditions - Supply of Services

Black Swan Productions Ltd

Terms and conditions for the supply of services

THE CLIENT’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 8 (LIMITATION OF LIABILITY).

  1. Interpretation

The following definitions and rules of interpretation apply in these Conditions.

  • Definitions:
  • Black Swan: Black Swan Productions Ltd whose registered office is at C/O Gryson House The Grove, Pontllanfraith, Blackwood, United Kingdom, NP12 2EQ.
  • Black Swan Materials: has the meaning set out in clause 1(g).
  • Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
  • Charges: the charges payable by the Client for the supply of the Services in accordance with clause 5.
  • Commencement Date: has the meaning given in clause 2.
  • Conditions: these terms and conditions as amended from time to time in accordance with clause 5.
  • Contract: the contract between Black Swan and the Client for the supply of Services in accordance with these Conditions.
  • Control: has the meaning given in section 1124 of the Corporation Tax Act 2010, and the expression change of control shall be construed accordingly.
  • Client: the person or firm who purchases Services from Black Swan.
  • Client Default: has the meaning set out in clause 2.
  • Deliverables: the deliverables set out in the Order produced by Black Swan for the Client.
  • Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
  • Order: the Client’s written acceptance of a quotation by Black Swan.
  • Services: the video production, editing, titling, scoring, dubbing, cutting and video strategy services, including the Deliverables, supplied by Black Swan to the Client as set out in the Specification.
  • Specification: the briefing document, description or specification of the Services provided in writing by Black Swan to the Client setting out the details and timescales of the Services provided by Black Swan for the project, which may include creating and developing storyboards and/or scripts, engaging crew or location or facilities, licencing music, or casting voice artists.
    • Interpretation:
      • Unless expressly provided otherwise in this Contract, a reference to legislation or a legislative provision:
        • is a reference to it as amended, extended or re-enacted from time to time; and
        • shall include all subordinate legislation made from time to time under that legislation or legislative provision.
      • 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.
      • A reference to writing or written includes fax and email.
  1. Basis of contract
    • The Order constitutes an offer by the Client to purchase Services in accordance with these Conditions.
    • The Order shall only be deemed to be accepted when Black Swan issues written acceptance of the Order at which point and on which date the Contract shall come into existence (Commencement Date).
    • Any samples, drawings, descriptive matter or advertising issued by Black Swan, and any descriptions or illustrations contained in Black Swan’s catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
    • These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
    • Any quotation given by Black Swan shall not constitute an offer, and is only valid for a period of [14] Business Days from its date of issue.
  2. Supply of Services
    • Black Swan shall supply the Services to the Client in accordance with the Specification in all material respects.
    • Black Swan shall use all reasonable endeavours to meet any performance dates specified in the Order or otherwise agreed in writing, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
    • Black Swan reserves the right to amend the Specification if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and Black Swan shall notify the Client in any such event.
    • Black Swan warrants to the Client that the Services will be provided using reasonable care and skill.
  3. Client’s obligations
    • The Client shall:
      • ensure that the terms of the Order and any information it provides in the Specification are complete and accurate;
      • co-operate with Black Swan in all matters relating to the Services, and cooperate in good faith over the editorial content and artistic direction of the Deliverables;
      • provide Black Swan, its employees, agents, consultants and subcontractors, with access to the Client’s premises, office accommodation and other facilities as reasonably required by Black Swan;
      • inform its staff, agents or guests of filming at the relevant location and where applicable obtain relevant and sufficient release forms duly signed by them;
      • provide Black Swan with such instructions, information and materials as Black Swan may reasonably require in order to supply the Services, and ensure that such instructions or information is complete and accurate in all material respects;
      • where applicable, as detailed in writing by Black Swan or in the Specification prepare the Client’s premises for the supply of the Services;
      • unless otherwise specified in the Specification or in writing by Black Swan obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
      • keep all materials, equipment, documents and other property of Black Swan (Black Swan Materials) at the Client’s premises in safe custody at its own risk, maintain Black Swan Materials in good condition until returned to Black Swan, and not dispose of or use Black Swan Materials other than in accordance with Black Swan’s written instructions or authorisation;
      • comply with any additional obligations as set out in the Specification; provide prompt and consolidated feedback on any of the rough or fine cuts of the Deliverables; and in the absence of such feedback within [5 Business Days] such cuts will be deemed accepted;
      • not knowingly display or use the Deliverables in a manner that might bring the Deliverables or Black Swan into disrepute.
    • If Black Swan’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Client or failure by the Client to perform any relevant obligation (Client Default):
      • without limiting or affecting any other right or remedy available to it, Black Swan shall have the right to suspend performance of the Services until the Client remedies the Client Default, and to rely on the Client Default to relieve it from the performance of any of its obligations in each case to the extent the Client Default prevents or delays Black Swan’s performance of any of its obligations;
      • Black Swan shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from Black Swan’s failure or delay to perform any of its obligations as set out in this clause 2; and
      • the Client shall reimburse Black Swan on written demand for any costs or losses sustained or incurred by Black Swan arising directly or indirectly from the Client Default.
  1. Charges and payment
    • The Charges for the Services shall be set out in the Order.
    • Black Swan shall be entitled to charge the Client for any expenses reasonably incurred by the individuals whom Black Swan engages in connection with the Services including travelling expenses, hotel costs, subsistence and any associated expenses, and for the cost of services provided by third parties and required by Black Swan for the performance of the Services, and for the cost of any materials. Where such expenses exceed £20, they shall where practicable be agreed with the Client in advance in writing.
    • Black Swan shall invoice the Client the deposit set out in the Order on formation of the Contract; and thereafter on any interim payment schedule set out in the Order or on completion of the Services in arrear.
    • [The deposit is non refundable save in respect of any default by Black Swan.]
    • The Client shall pay each invoice submitted by Black Swan:
      • within 30 days of the date of the invoice or in accordance with any credit terms agreed by Black Swan and confirmed in writing to the Client; and
      • in full and in cleared funds to a bank account nominated in writing by Black Swan, and

time for payment shall be of the essence of the Contract.

  • All amounts payable by the Client under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by Black Swan to the Client, the Client shall, on receipt of a valid VAT invoice from Black Swan, pay to Black Swan such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.
  • If the Client fails to make a payment due to Black Swan under the Contract by the due date, then, without limiting Black Swan’s remedies under clause 9, the Client shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 6 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
  • All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
  • [Where the Client requests to rebook the date of provision of the Services, the Client agrees to pay Black Swan a rebooking Charge. Charges shall be based on the rates set out below.
  • The Client will not be charged if [two] months’ notice is given to Black Swan prior to the original date booked .
  • 25% Charge payable for [four weeks’] notice.
  • 50% Charge payable for [one weeks’] notice.
  • 75% Charge payable for less than [one weeks’] notice.
  • [All references to Charge for the purposes of this clause 6.7 shall be to pro- rated Charges in relation to the percentage of the raw footage being filmed on the agreed date that the Charge being pro rated relates to.]
  1. Intellectual property rights
    • All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by the Client) shall be owned by Black Swan.
    • Black Swan grants to the Client, or shall procure the direct grant to the Client of, a fully paid-up, worldwide, non-exclusive, royalty-free perpetual and irrevocable licence to copy the Deliverables (excluding materials provided by the Client) for the purpose of receiving and using the Services and the Deliverables in its business in any format or media.
    • The Client shall not sub-license, assign or otherwise transfer the rights granted in clause 2.
    • The Client grants Black Swan a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by the Client to Black Swan for the term of the Contract for the purpose of providing the Services to the Client.
    • The Client agrees that Black Swan may use the Client’s name and intellectual property rights solely to the extent necessary for the purpose of providing the Services, such as by including them on the Deliverables, referring to them in paperwork and in discussions with third parties in order to indicate the nature of the Services and deliverables derived therefrom, and including them in Black Swan’s own promotional materials and showreels in accordance with clause 6.6. The Client warrants that no such use shall infringe the rights of any third party.
    • Black Swan shall have the non-exclusive right for a period of [five] years from the delivery date of the Deliverables to use extracts from the Deliverables for its own promotional use in internal and client and prospective client presentations, showreels and on Black Swan’s website. Each such extract must be no longer than [one] minute in length, and the extracts used in any one promotional item must not exceed [five] minutes cumulatively. The content of the extract and any statement made about the extract, the Deliverables or it shall be approved in advance by the Client, and the Client shall have the right to request to Black Swan that the extracts (or any one or more of them) be removed and no longer used by Black Swan if the Client reasonably considers that such use may be detrimental to the Client’s reputation or its commercial interests.
  2. Data protection
    • Each party shall ensure that it complies with and assists the other party to comply with the requirements of all legislation and regulatory requirements in force from time to time relating to the use of personal data, including (without limitation) any data protection legislation from time to time in force in the UK including the Data Protection Act 2018 and the UK General Data Protection Regulation as defined in the Data Protection Act 2018. This clause is in addition to, and does not reduce, remove or replace, a party’s obligations arising from such requirements.
    • Black Swan will collect and process the personal data of all individuals featured in the Deliverables in accordance with the privacy notice set out at Schedule 1.
    • The Client shall be responsible for obtaining the consent of all such individuals to the processing of the personal data by Black Swan as specified in the privacy notice.
  3. Limitation of liability
    • Black Swan has obtained insurance cover in respect of its own legal liability for individual claims not exceeding £5,000,000 per claim. [Black Swan has been unable to obtain insurance in respect of certain types of loss at a commercially viable price.] The limits and exclusions in this clause reflect the insurance cover Black Swan has been able to arrange and the Client is responsible for making its own arrangements for the insurance of any excess loss.
    • References to liability in this clause 8 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
    • Neither party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default.
    • Nothing in this clause 8 shall limit the Client’s payment obligations under the Contract.
    • Nothing in the Contract limits any liability which cannot legally be limited, including but not limited to liability for:
      • death or personal injury caused by negligence;
      • fraud or fraudulent misrepresentation; and
      • breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
    • Subject to clause 3 (No limitation in respect of deliberate default), and clause 8.5 (Liabilities which cannot legally be limited), Black Swan’s total liability to the Client:
      • for loss arising from Black Swan’s failure to comply with its data processing obligations under clause 7 shall not exceed 3x the fees paid.
      • for all other loss or damage shall not exceed the [lower] of 100% of the fees paid in the preceding 12 months under this Contract.
    • The caps on Black Swan’s liabilities shall be reduced by:
      • payment of an uncapped liability;
      • amounts awarded by a court or arbitrator, using their procedural or statutory powers in respect of costs of proceedings or interest for late payment.
    • Subject clause 3 (No limitation in respect of deliberate default), clause 8.4 (No limitation of Client’s payment obligations) and clause 8.5 (Liabilities which cannot legally be limited), this clause 8.8 sets out the types of loss that are wholly excluded:
      • loss of profits.
      • loss of sales or business.
      • loss of agreements or contracts.
      • loss of anticipated savings.
      • loss of use or corruption of software, data or information.
      • loss of or damage to goodwill; and
      • indirect or consequential loss.
    • Black Swan has given commitments as to compliance of the Services with relevant specifications in clause 3. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
    • Unless the Client notifies Black Swan that it intends to make a claim in respect of an event within the notice period, Black Swan shall have no liability for that event. The notice period for an event shall start on the day on which the Client became, or ought reasonably to have become, aware of the event having occurred and shall expire [6] months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
    • This clause 8 shall survive termination of the Contract.
  4. Termination
    • Without affecting any other right or remedy available to it, either party may terminate the Contract by giving the other party [1] months’ written notice.
    • Without affecting any other right or remedy available to it, either party may terminate the Contract with immediate effect by giving written notice to the other party if:
      • the other party commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within [30] days of that party being notified in writing to do so;
      • the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
      • the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
      • the other party’s financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.
    • Without affecting any other right or remedy available to it, Black Swan may terminate the Contract with immediate effect by giving written notice to the Client if the Client fails to pay any amount due under the Contract on the due date for payment.
    • Without affecting any other right or remedy available to it, Black Swan may suspend the supply of Services under the Contract or any other contract between the Client and Black Swan if:
      • the Client fails to pay any amount due under the Contract on the due date for payment;
      • the Client becomes subject to any of the events listed in clause 2(c) or clause 9.2(d), or Black Swan reasonably believes that the Client is about to become subject to any of them; and
      • Black Swan reasonably believes that the Client is about to become subject to any of the events listed in clause 2(b).
  1. Consequences of termination
    • On termination or expiry of the Contract:
      • the Client shall immediately pay to Black Swan all of Black Swan’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, Black Swan shall submit an invoice, which shall be payable by the Client immediately on receipt;
      • the Client shall return all of Black Swan Materials and any Deliverables which have not been fully paid for. If the Client fails to do so, then Black Swan may enter the Client’s premises and take possession of them. Until they have been returned, the Client shall be solely responsible for their safe keeping and will not use them for any purpose not connected with the Contract;
      • [Black Swan shall deliver any completed and paid for Deliverables to Client];
      • [on termination by the Client under clause 12.1, Black Swan shall be entitled to receive payment:
        • of all sums that Black Swan is, up to the date of termination, contractually obligated to pay third parties; and
        • on a pro rata basis for Services rendered up to the date of termination and any sums to which Black Swan is, up to the date of termination, contractually obligated to pay third parties [provided that any work product from the performance of the Services to the date of termination in the possession of Black Swan be provided to the Client]. The pro rata amount shall be calculated according to the following formula:

Number of Business Days on which the Producer has provided Services since the most recent scheduled payment date preceding termination

divided by

Total number of Business Days between the payment date preceding termination and the next scheduled payment date.

multiplied by

amount of next scheduled payment

  • Termination or expiry of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
  • Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.
  1. General
    • Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
    • Assignment and other dealings.
      • Black Swan may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.
      • The Client shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without the prior written consent of Black Swan.
      • Each party undertakes that it shall not any time during the Contract, and for a period of two years after termination or expiry of the Contract, disclose to any person any confidential information concerning the business, affairs, Clients, clients or suppliers of the other party, except as permitted by clause 3(b).
      • Each party may disclose the other party’s confidential information:
        • to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Contract. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 3; and
        • as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
      • Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Contract.
    • Entire agreement.
      • The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
      • Each party acknowledges that in entering into the Contract 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 the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation [or negligent misstatement] based on any statement in the Contract.
      • [Nothing in this clause shall limit or exclude any liability for fraud.]
    • Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
    • Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
    • If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement. If any provision or part-provision of this Contract deleted under this clause 11.7 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
      • Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be 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 sent by fax to its main fax number or sent by email to the address specified in the Order.
      • Any notice or communication shall be deemed to have been received:
        • if delivered by hand, at the time the notice is left at the proper address;
        • 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
        • if sent by fax or 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 clause 8(b)(iii), 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.
      • This clause 8 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.
    • Third party rights.
      • Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
      • The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.
    • Governing law. The Contract, 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. Each party irrevocably agrees 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 the Contract or its subject matter or formation.

  • Data protection

 

Privacy notice

Welcome to Black Swan Productions Ltd’s privacy notice.

This privacy notice provides information on how Black Swan Productions Ltd collects and processes your personal data when you visit our website, or purchase a service.

It is important that you read this privacy notice together with our website privacy policy which contains more detailed information about our data processing and can be accessed here.

  1. Important information and who we are

Black Swan Productions Ltd is the controller and responsible for your personal data.

If you have any questions about this privacy notice or our data protection practices please contact us at contact@blackswanproductions.co.uk

CONTACT DETAILS

Our full details are:

Full name of legal entity: Black Swan Productions Ltd

Name or title of [DPO OR data privacy manager]: Haydn Wakeling

Email address: contact@blackswanproductions.co.uk

Postal address: C/O Gryson House The Grove, Pontllanfraith, Blackwood, United Kingdom, NP12 2EQ

Telephone number: 02922 708070

  1. The data we collect about you

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

  1. Identity Data includes [first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender].
  2. Contact Data includes [billing address, delivery address, email address and telephone numbers].
  3. Financial Data includes [bank account and payment card details].
  4. Transaction Data includes [details about payments to and from you and other details of products and services you have purchased from us].
  5. 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].
  6. Profile Data includes [your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses].
  7. Usage Data includes [information about how you use our website, products and services].
  8. Marketing and Communications Data includes [your preferences in receiving marketing from us and our third parties and your communication preferences].

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.

  1. How data is collected

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

  • Direct interactions. You may give us your [Identity, Contact and Financial Data] by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you]:
    • apply for our products or services;
    • create an account on our website;
    • subscribe to our service 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. We collect this personal data by using cookies[, server logs] and other similar technologies. Please see our cookie policy for further details.
  • Third parties or publicly available sources. We will receive personal data about you from third parties such as the commissioner of a video strategy.
  1. 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.

The purposes for which we use your personal data and the lawful basis for use are set out below.

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. We may also obtain your consent, either directly or through a third party.

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 order 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)
  1. How we share your personal data

We may share your personal with external third parties. For example third party providers of aspects of the Services such as videographers or drone operators.

  1. International transfers

We will not ordinarily transfer, store or process your personal data outside the UK. [Where an engagement requires international transfer of your personal data, this will be detailed in an Order Form. Any international transfer shall be undertaken in accordance with applicable data protection law using approved transfer mechanism.]

  1. 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. 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.

  1. Your Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data:

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 at

contact@blackswanproductions.co.uk

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.

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.

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.

You have the right to make a complaint at any time to the Information Commissioner’s Office, the UK regulator for data protection issues (www.ico.org.uk).

  1. Further details

If you are looking for more information on how we process your personal data including on data security, data retention and lawful processing bases, please access our website privacy policy.