Introduction

Welcome to the Ava Choices privacy policy.

adam HTT Limited t/a Ava Choices is a limited liability company registered in England and Wales with registered number 7718565 and its registered office at The Pinnacle, 170 Midsummer Boulevard, Milton Keynes, Buckinghamshire, MK9 1BP, United Kingdom (herein referred to as “Ava Choices”).

Ava Choices 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 use the ‘Ava Choices’ web application as a consumer by visiting www.avachoices.co.uk regardless of where you visit it from (herein referred to as the “web application”) or when you correspond with us by post, telephone, email, live chat or otherwise and also tells you about your privacy rights and how the law protects you.

Please use the Glossary below to understand the meaning of some of the terms used in this privacy policy.

Definitions

In this privacy policy we use the following definitions, so please read them carefully:

Care Booking means the order, purchase, payment or booking of care and support related products and/or services.

Care Services means the provision of care and support related services and/or products (including but not limited to domiciliary and residential care) to an individual;

Care Provider means the provider of care and support related services and/or products (including but not limited to domiciliary and residential care) available for Care Bookings on the web application (B2C only).

Direct Payment means the payment of Care Services using any funding from your Direct Payment Provider.

1. Important Information and Who We Are
2. The Data We Collect About You
3. How Is Your Personal Data Collected?
4. How We Use Your Personal Data
5. Disclosures of Your Personal Data
6. International Transfers
7. Data Security
8. Data Retention
9. Your Legal Rights
10. Glossary

1. Important Information and Who We Are

Purpose of this Privacy Policy

This privacy policy aims to give you information on how Ava Choices collects and processes your personal data as a consumer through your use of this web application, including any data you may provide through this web application, when you contact our Ava Assistants by telephone, email or live chat and/or when you correspond with us by post or otherwise (collectively referred to as "you" or “your” in this privacy policy).

Please see our separate provider privacy policy which describes how Ava Choices processes personal data about (potential, existing or former) Care Providers through their use of our web application and/or when they contact our Ava Assistants.

Our web application is not intended for children and we do not knowingly collect data relating to children.

Data Controller

Please note where:

• you are paying for Care Services in respect of a Care Booking yourself adam HTT Limited is the controller and responsible for your personal data (collectively referred to as "Ava Choices", "we", "us" or "our" in this privacy policy).

• you are paying for Services using Directs Payments, your local Clinical Commissioning Group or Council (“Direct Payment Provider”) will be acting as the controller and is responsible for your personal data. If you would like more information about how any of our Direct Payment Providers process personal data, you should read the privacy policy for the relevant Direct Payment Provider which will be available on their website.

• personal data is provided to our Care Providers in relation the care related product and/or service you have requested, our Care Providers may also be acting as data controllers. If you would like more information about how any of our Care Providers process personal data, you should read the privacy policy for the relevant Care Provider which will be available on their website.

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

Data Protection Officer

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

Full name of legal entity: adam HTT Limited
Email address: data.protection@avachoices.co.uk
Postal address: The Pinnacle, 170 Midsummer Boulevard, Milton Keynes, Buckinghamshire, MK9 1BP, United Kingdom

If you would like this privacy policy in another format (for example: audio, large print, braille) please contact us using the details above.

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

Changes to this Privacy Policy and Your Duty to Inform Us of Changes

We keep our privacy policy under regular review. This version was last updated on 11 November 2020.

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

Third-Party Links

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

2. The Data We Collect About You

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

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

• Identity Data includes first name, last name, username or similar identifier, date of birth and languages.
• Contact Data includes home address, billing address, email address and telephone number.
• Financial Data includes credit and debit card details, including name on card, card reference, card number, start date, expiry date, CVV (the last three digits of the number on the back of the card) and your financial budget for your care goals.
• Transaction Data includes details about payments to and from you relating to products and services you have purchased.
• 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 web application.
• Profile Data includes your profile photo, username and password, memorable question & answer, purchases or orders made by you, your interests, biography, preferences, care viewings & assessment booking details, contents of both your live chats with us and emails sent to us, records of our discussions on the telephone (written only), contents of messages & questions sent to Care Providers, reviews, feedback, comments and survey responses.
• Health Data includes care goals & preferences, disabilities/conditions, allergies, medicines, complex care needs.
• Usage Data includes information about how you use our web application and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.

Special Category Data

Other than as set out in 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, as well as any information about criminal convictions and offences).

Where we do collect "special categories" of particularly sensitive personal information this information requires higher levels of protection and by law we need to have further justification for collecting, storing and using this type of personal information. We may process special categories of personal information in limited circumstances, with your explicit written consent.

Aggregated Data

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 web application 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.

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 our services). In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.

3. How Is Your Personal Data Collected?

We use different methods to collect data from and about you including through:
• Direct interactions. You may give us your Identity, Contact, Financial, Profile and Health Data by filling in forms on the web application or by corresponding with us by post, telephone, email, live chat or otherwise. This includes personal data you provide when you:
   o ask questions or message Care Providers;
   o book viewings with Care Providers;
   o create and/or login to a user account on our web application;
   o create a user profile on our web application;
   o create, manage and purchase Care Bookings.
   o contact us by live chat, email, telephone or on our web application;
   o enter a survey;
   o find services near you;
   o give us comments or feedback; or
   o leave a review on a Care Provider.

• Automated technologies or interactions. As you interact with our web application, 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. We may receive personal data about you from third parties as set out below:

   o Technical Data from analytics and functionality providers such as Google Analytics and Google Translate based outside the UK; and
   o Identity, Contact & Health Data from our Local Authority partners based in the UK.

4. 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.

Please see the section below entitled ‘Lawful Basis’ to find out more about the types of lawful basis that we usually rely on to process your personal data.

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.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

Marketing From Us

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

You will receive marketing communications from us if you have either contacted us, requested information from us or created a user account on our web application AND opted in to receive marketing information about our products and services.

Third-Party Marketing

We do not share or sell your personal data with any third parties for marketing purposes.

Opting Out

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

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

Cookies

You can also set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our web application may become inaccessible or not function properly.

For more information about the cookies we use, please see www.avachoices.co.uk/cookies which also gives you the ability to opt-out of cookies (except for strictly necessary cookies) by configuring the “cookie settings” toggles.

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.

5. Disclosures of Your Personal Data

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

• External third parties as set out below:

  o Care Providers acting as data controllers based inside the UK in relation the care related product and/or service you have requested via the web application or by post.   o Infrastructure-as-a-service provider acting as a processor based inside the UK.
  o Other service providers acting as processors based inside and outside the UK who provide analytics, address lookup, contact centre, customer relationship management, email marketing, growth marketing, maps, productivity cloud and translation applications/platforms.
  o Payment service providers and other financial institutions acting as processors or joint controllers based inside the UK who process payments and retain financial records.   o Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based inside the UK who provide consultancy, banking, legal, insurance and accounting services.   o HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based inside the UK who require reporting of processing activities in certain circumstances.

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

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

6. International Transfers

Our web application, Ava Choices, does not operate outside of the UK. This means that any personal data provided to the Ava Choices web application is hosted and processed at data centres within the UK.

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

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

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the UK.

• Where we use certain service providers, we may use specific contracts approved by the UK which give personal data the same protection it has in the UK.

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

7. Data Security

Our Commitment
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.

Your Responsibility
Sending information over the internet is generally not completely secure, and therefore we can't guarantee the security of your data while it's in transit. Transmission of such data is therefore entirely at your own risk. We have procedures and security features in place to keep your data secure once we receive it. Data that is provided to us is stored on our secure servers. Details relating to any transactions entered into on our web application will be encrypted to ensure its safety.

If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

Certifications & Accreditations
We are committed to ensuring that your information is secure. We have stringent physical, electronic and managerial procedures to safeguard and secure your data.

We are ISO 27001 accredited and we also comply with the requirements of Cyber Essentials which is a Government-backed, industry-supported scheme to help organisations protect themselves against common online threats.

adam HTT Limited is registered with the Information Commissioner's Office (ICO) under registration number: ZA104405

Penetration Testing
We commission regular independent penetration testing of our infrastructure to ensure that we keep our web application free from vulnerabilities.

Personal Data Breaches
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.

Credit/Debit Card Details

For your security, we do not store your credit or debit card details on our web application and if you make any payments on our web application, your credit or debit card details are processed and stored directly by a third party processor and are protected by encryption. We only retain details of your transactions on our web application on secure servers.

Email Fraud
Please note we will never ask you to confirm your password or credit/debit card details by email. If you receive an email that request this information and appears to have been sent by us, please treat this as fraudulent and do not reply or provide any information. If you receive any such emails, please contact our Data Protection Officer to provide us with further details.

8. Data Retention

How Long Will You Use My Personal Data For?

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

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

9. Your Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please see the section below entitled ‘Your Legal Rights’ to find out more about these rights.
If you wish to exercise any of these legal rights, please contact us at data.protection@avachoices.co.uk.

No Fee Usually Required

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

What We May Need From You

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

Time Limit to Respond

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

10. Glossary

Lawful Basis

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.

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

Consent means you have given clear consent for us to process your personal data for a specific purpose.

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.

Your Legal Rights

You have the right to:

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

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

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

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

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

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

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

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

Introduction

Welcome to the Ava Choices privacy policy for providers.

adam HTT Limited t/a Ava Choices is a limited liability company registered in England and Wales with registered number 7718565 and its registered office at The Pinnacle, 170 Midsummer Boulevard, Milton Keynes, MK9 1BP, United Kingdom (herein referred to as “Ava Choices”).

Ava Choices 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 use the ‘Ava Choices’ web application by visiting www.avachoices.co.uk regardless of where you visit it from (herein referred to as the “web application”) and tell you about your privacy rights and how the law protects you.

This privacy policy is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy policy.

Definitions

"Care Provider" means the provider of care and support related services and/or products (including but not limited to domiciliary and residential care) available for Care Bookings on the web application (B2C only).

"Care Booking" means the order, purchase, payment or booking of care and support related products and/or services.

1. Important Information and Who We Are
2. The Data We Collect About You
3. How Is Your Personal Data Collected?
4. How We Use Your Personal Data
5. Disclosures of Your Personal Data
6. International Transfers
7. Data Security
8. Data Retention
9. Your Legal Rights
10.Glossary

1. Important Information and Who We Are

Purpose of this Privacy Policy for Providers

This privacy policy aims to give you information on how Ava Choices collects and processes personal data about (potential, existing or former) Care Providers through your use of our web application and/or when you contact our Ava Assistants. This privacy policy therefore applies to personal data of owners, employees, representatives or other individuals acting on behalf of a Care Provider (collectively referred to as "Care Providers", "you" or “your” in this privacy policy).

Please see our separate privacy policy which describes how Ava Choices processes personal data collected about consumers making use of Ava Choices to find and make a Care Booking.

This web application is not intended for children and we do not knowingly collect data relating to children.

Data Controller

Adam HTT Limited is the controller and responsible for your personal data (collectively referred to as "Ava Choices", "we", "us" or "our" in this privacy policy).

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

Data Protection Office

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

Full name of legal entity: Adam HTT Limited
Email address: data.protection@avachoices.co.uk
Postal address: The Pinnacle, 170 Midsummer Boulevard, Milton Keynes, Buckinghamshire, MK9 1BP, United Kingdom

If you would like this privacy policy in another format (for example: audio, large print, braille) please contact us using the details above.

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

Changes to this Privacy Policy for Providers and Your Duty to Inform Us of Changes

We keep our privacy policy under regular review. This version was last updated on 3 August 2020.

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

Third-Party Links

This web application 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 web application, we encourage you to read the privacy policy of every website you visit.

2. 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:
(a) verified providers; and
(b) prospective providers,
which we have grouped together as follows:

• Identity Data includes first name, last name, username or similar identifier and job title.
• Contact Data includes address, email address and telephone number.
• Financial Data includes bank account name, bank account number and VAT number.
• Transaction Data includes details about payments to and from you relating to products and services purchased by consumers.
• 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 web application.
• Profile Data includes your username and password, preferences, contents of both your live chats with us and emails sent to us, feedback and survey responses.
• Usage Data includes information about how you use our web application and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us 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 web application feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

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

If You Fail to Provide Personal Data

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

3. How Is Your Personal Data Collected?

We use different methods to collect data from and about you including through:
• Direct interactions. You may give us your Identity, Contact, Financial and Profile Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
   o create a provider user account on our web application(s);
   o register as a provider on our web application(s);
   o create your care related service and/or product listings on our web application;
   o contact us by live chat, email or telephone;
   o enter a survey; or
   o give us feedback or contact us.

• Automated technologies or interactions. As you interact with our web application, 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 various third parties and public sources as set out below:

  o Technical Data from the following parties:   

    (a) analytics providers such as Google based outside the UK; and
    (b) functionality providers such as Google Translate based outside the UK.   

  o Identity and Contact Data from:

    (a) data brokers or aggregators based inside and outside the UK; and
    (b) publicly available sources such as databases based inside and outside the UK and search information providers such as Google based outside the UK.

4. 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.

Click here to find out more about the types of lawful basis that we will rely on to process your personal data.

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.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

Promotional Offers From Us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services may be relevant for you (we call this marketing). We may contact you for by email or telephone for direct marketing purposes where it is in our legitimate interests to do so or we have your consent (if you are a sole trader or partnership as described above).

Opting Out

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

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

Cookies

You can also set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this web application may become inaccessible or not function properly.

For more information about the cookies we use, please see the cookie policy which also gives you the ability to opt-out of cookies (except for strictly necessary cookies) by configuring the “cookie settings” toggles.

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.

5. Disclosures of Your Personal Data

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

• External third parties as set out below:

  o Infrastructure-as-a-service provider acting as a processor based inside the UK.
  o Other service providers acting as processors based inside and outside the UK who provide email marketing platform and productivity cloud applications.
  o Payment service providers and other financial institutions acting as processors or joint controllers based inside the UK who process payments and retain financial records.
  o Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based inside the UK who provide consultancy, banking, legal, insurance and accounting services.
  o HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based inside the UK who require reporting of processing activities in certain circumstances.

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

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

6. International Transfers

Our web application, Ava Choices, does not operate outside of the UK. This means that any personal data provided to the Ava Choices web application is hosted and processed at data centres within the UK.

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

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

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.

• Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.

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

7. Data Security

Our Commitment
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.

Your Responsibility
Sending information over the internet is generally not completely secure, and therefore we can't guarantee the security of your data while it's in transit. Transmission of such data is therefore entirely at your own risk. We have procedures and security features in place to keep your data secure once we receive it. Data that is provided to us is stored on our secure servers. Details relating to any transactions entered into on our web application will be encrypted to ensure its safety.

If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

Certifications & Accreditations
We are committed to ensuring that your information is secure. We have stringent physical, electronic and managerial procedures to safeguard and secure your data.

We are ISO 27001 Accredited. The scope covers how we manage information security in providing commissioning tools for procurement of complex services in the public sector.

We also comply with the requirements of Cyber Essentials which is a Government-backed, industry-supported scheme to help organisations protect themselves against common online threats.

adam HTT Limited is registered with the Information Commissioner's Office (ICO) under registration number: ZA104405

Penetration Testing
We commission regular independent penetration testing of our infrastructure to ensure that we keep our web application free from vulnerabilities.

Personal Data Breaches
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.

Email Fraud
Please note we will never ask you to confirm your password or bank details by email. If you receive an email that request this information and appears to have been sent by us, please treat this as fraudulent and do not reply or provide any information. If you receive any such emails, please contact our Data Protection Officer to provide us with further details.

8. Data Retention

How Long Will You Use My Personal Data For?

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

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

9. Your Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

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

If you wish to exercise any of the rights set out above, please contact us at data.protection@avachoices.co.uk.

No Fee Usually Required

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

What We May Need From You

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

Time Limit to Respond

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

10. Glossary

Lawful Basis

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

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

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

Your Legal Rights

You have the right to:

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

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

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

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

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

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

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

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