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, current equipment.
• 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.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB APPLICATION

1. WHAT’S IN THESE TERMS AND CONDITIONS?

1.1 We refer to the terms and conditions in this document as the “Terms”. These Terms tell you what applies to you as a consumer for using our web application which can be accessed from www.avachoices.co.uk (or such other domain name that we tell you about from time to time), as well as all related web pages (we refer to all of this as our “web application” in these Terms).

1.2 The web application is only available to you as a consumer. If you are acting as an authorised representative for an Individual (as described in clause 1.3 below) then you agree that the Individual is also a consumer. We do not offer the use of the web application for any business use and any such use is strictly prohibited and would be a breach of these Terms by you.

1.3 In these Terms, when we say “you” (or when we use similar language such as “your”) that means either:

1.3.1 you as an adult individual who is capable of entering into a contract and wishes to use the web application for your own benefit as a consumer (we also refer to you in this case as the “Individual”); or

1.3.2 you as an authorised representative of the individual who is a consumer and who wishes to have the benefit of the web application (in this case we refer to that individual as the “Individual” in these Terms). In this case, you are also confirming that when you accept these Terms, that you will ensure that:

1.3.2.1 the Individual complies with these Terms (so that anything which you are agreeing to, you will ensure that the Individual also acts in a manner consistent with that);

1.3.2.2 where you are acting on behalf of the Individual that you will also comply with these Terms;

1.3.2.3 you will not allow the Individual to use the web application where he/she cannot fulfil both of these conditions: (1) he/she is an adult individual who is a consumer; and (2) he/she is capable of entering into a contract. Where the Individual cannot fulfil both conditions, then only you will use the web application on the Individual’s behalf. If the Individual fulfils both of the conditions and uses the web application then any use by you on the Individual’s behalf will be dealt with by clause 1.3.2 and any use by the Individual will be by dealt with by clause 1.3.1;

1.3.2.4 any issues faced by the Individual with the web application or the arrangements covered by these Terms will be raised by you as the representative of the Individual with us, rather than by the Individual with us (unless you are acting as the Individual’s agent in entering into these Terms on the Individual’s behalf and the Individual is able to legally contract with us in this manner);

1.3.2.5 you will enter into any Care Contract for the benefit of the Individual as a result of any Care Booking (such terms are described in clause 4 below); and

1.3.2.6 you accept full responsibility and liability for the wrongful actions or failures of the Individual.

1.4 Except as already set out in clause 1.3 above, where these Terms are accepted by a representative of an Individual, it is agreed that where applicable:

1.4.1 the Terms apply and will be interpreted as an obligation on, and requirement of, both the representative and the Individual (even where we just refer to ‘you’ or the ‘Individual’);

1.4.2 any of our limitations and exclusions of liability apply in respect of both the representative and the Individual (even where we just refer to ‘you’ or the ‘Individual’); and

1.4.3 any references to Care Services being provided are to be interpreted to be those for the benefit of the Individual (even where we just refer to ‘you’).

The interpretation in this clause will apply if there is any ambiguity or conflict with other clauses in these Terms.

2. WHO WE ARE AND HOW TO CONTACT US

2.1 The web application is operated by Ava Choices Limited (we also refer to ‘Ava Choices Limited’ in these terms as “Ava Choices”, ”we”, “us” or “our”). We are a limited company registered in England and Wales under company number 10807689 and have our registered office and trading address at 249 Midsummer Boulevard, Milton Keynes, Buckinghamshire, MK9 1EA, United Kingdom. Our VAT number is 198 5733 49.

2.2 If you have any questions about our web application, please contact us by:

2.2.1 live chat at www.avachoices.co.uk; or

2.2.2 email at support@avachoices.co.uk.

2.2.3 telephone on 01908 978 840.

2.3 We try to make the web application as easy to use as possible. If you have any difficulties using the web application, please contact us by live chat, email or telephone.

3. BY REGISTERING WITH OUR WEB APPLICATION YOU ACCEPT THESE TERMS

3.1 By using our web application, you are confirming that you have read, understood and agree to these Terms. If you have any questions about these Terms, please email us at support@avachoices.co.uk.

3.2 For you to acknowledge and accept these Terms for yourself and, where applicable, as a representative for an Individual, you must select the appropriate tick-box when creating your account within the web application or logging into the web application for the first time (as applicable).

3.3 By completing the tick-box to confirm your acceptance of these Terms (on both your behalf and on behalf of the Individual), you are also confirming that:

3.3.1 you have fully read and understood the Terms and you and the Individual agree to them; and

3.3.2.2 bind an Individual to any resultant Care Booking; and

3.3.2.3 be responsible for your and/or an Individual’s correct technical usage of the web application for the Permitted Purpose (as we define in clause 10.1 below) in accordance with these Terms.

3.4 If you are using Direct Payments (as described in clause 16.7 below), you confirm by agreeing to these Terms, that where you are acting on behalf of an Individual, you have provided legal authority to do so to your local Clinical Commissioning Group or Council (as applicable) (we refer to this as the “Direct Payment Provider”) before using the web application for the Individual. You agree that we may suspend or end your use of the web application if you fail to do this.

3.5 If we ask you to provide details (including a copy of) any legal authority to act on behalf of an Individual, you agree that you will provide this promptly in writing to us (and within 1 day of our request). You agree that we may suspend or end your use of the web application if you fail to do this.

3.6 These Terms shall apply from the date that you accept them as mentioned in clause 3.3 above and shall remain in force until ended as mentioned in these Terms.

3.7 If you do not agree to these Terms, you must not use our web application.

4. DEFINITIONS

In these Terms we use the following definitions, so please read them carefully:

5. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

5.1 Please be aware that the following additional terms also apply to your use of our web application:

5.1.1 Our Privacy Policy. See further under How we may use your personal information.

5.1.2 Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our web application. When using our web application, you must comply with this Acceptable Use Policy.

5.1.3 Our Cookie Policy, which sets out information about the cookies on our web application.

5.2 Please also be aware that there will be other terms and conditions for the supply of goods or services which you will enter into directly with Care Providers for Care Services as a result of making a Care Booking on our web application. However, those terms will be between you and the Care Provider in the form of the Care Contract and not with us (so they do not form part of our contract with you and so we are not responsible nor liable for such Care Services being provided).

6. WE MAY MAKE CHANGES TO THESE TERMS

6.1 We amend these Terms from time to time. Every time you wish to use our web application, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on the version date shown at the top of this document.

7. WE MAY MAKE CHANGES TO OUR WEB APPLICATION

7.1 We update and change our web application from time to time to reflect changes to our products, our users’ needs and our business.

8. WE MAY SUSPEND OR WITHDRAW OUR WEB APPLICATION

8.1 We do not guarantee that our web application, or any Content on it, will always be available or uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our web application for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

9. DO NOT RELY ON INFORMATION ON THIS WEB APPLICATION

9.1 We make no representations, warranties or guarantees, whether express or implied, that the Content on our web application is accurate, complete or up to date or will meet your requirements and any reliance that you may place on the information on the web application is at your own risk. However, neither this nor anything else in these Terms affects your consumer statutory rights.

10. NATURE AND SCOPE OF OUR WEB APPLICATION

10.1 The purpose of the web application is for it to be used:

10.1.1 as an introductory website for Care Providers and consumers to potentially enter into contracts for Services with each other directly; and

10.1.2 to facilitate the management and payment of Care Bookings and Featured Services between Care Providers and consumers;

(we refer to such purposes as the "Permitted Purpose")

10.2 You acknowledge and accept that any contractual engagement for Services shall be just between you and the respective Care Provider. We shall not be responsible nor liable for any wrongful actions or failures associated with such Care Provider or your contract with the Care Provider. Consequently, you acknowledge and accept that we and our web application act as a platform to introduce Individuals (including their representatives, where applicable) to Care Providers. Therefore, any Care Booking is a contractual agreement directly between you and a Care Provider. Please therefore be aware, that we:

10.2.1 have only facilitated the introduction of you and the Care Provider;

10.2.2 allow the management of the Care Booking and Featured Services through the use of the web application;

10.2.3 have no responsibility or liability for providing the Services or any failures with the Services;

10.2.4 do not provide you with information regarding the suitability of the Services, a Care Provider or any other third party; and

10.2.5 are not responsible for the Content sent to the web application by you, the Care Provider or any other third party.

10.3 The content of these Terms deals with what you are allowed to do with the web application for the Permitted Purpose.

10.4 The Terms deal with the technical provision of the web application to you. Consequently, we, as a provider of the web application, shall have no responsibility or liability for the accuracy of the information sent by an Individual, you or a Care Provider within the web application. Therefore, you agree that you shall take all steps necessary to satisfy yourself with the accuracy and completeness of the information sent by you and the information sent by your Care Provider and to perform your own due diligence on the Individual, Care Provider and Services. We do not act on your behalf, nor on any Individual’s or Care Provider’s behalf, in delivering the actual Services.

10.5 We do not guarantee you any volume or quality of Care Quotes or Care Bookings through the web application and cannot provide any assurances about the Care Providers. You need to also be aware that, whilst you have the right to withdraw or decline to award a Care Request, a Care Provider may also withdraw or decline to progress with a Care Quote before entering into a Care Booking.

11. HOW YOU MAY USE OUR WEB APPLICATION

11.1 We grant to you a non-exclusive, non-transferable right, without the right to grant sublicences, to permit you to use the web application solely for the Permitted Purpose in accordance with these Terms.

11.2 You shall not access, store, distribute or transmit any Viruses, or any material during the course of your use of the web application that:

11.2.1 is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive or otherwise offensive;

11.2.2 facilitates illegal activity;

11.2.3 depicts sexually explicit images;

11.2.4 promotes unlawful violence;

11.2.5 is discriminatory, including that based on race, gender, religious belief, sexual orientation, disability; or

11.2.6 is otherwise illegal or causes damage or injury to any person or property;

We reserve the right, without liability or prejudice to our other rights, to disable your access to any material that breaches the provisions of this clause and/or to end your access to the web application.

11.3 You shall not (except where the law does not allow such restrictions, or except to the extent expressly allowed by the other clauses in these Terms) do any of the following:

11.3.1 attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the web application (as applicable) in any form or media or by any means; or

11.3.2 attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the web application; or

11.3.3 access all or any part of the web application in order to build a product or service which competes with the web application; or

11.3.4 use the web application to provide services to third parties; or

11.3.5 subject to clause 27.3 below, license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the web application available to any third party except yourself or the Individual; or

11.3.6 attempt to obtain, or assist third parties in obtaining, access to the web application, other than as provided under this clause 11; or

11.3.7 introduce or permit the introduction of, any Virus or Vulnerability into our network and information systems.

11.4 You shall not allow any unauthorised access to, or use of, the web application. If you become aware of such unauthorised access, you will immediately notify us.

11.5 We reserve the right, at our sole discretion, to reject, suspend or remove you from the web application.

11.6 All Care Requests and other requests sent by you through the web application must be genuine, honest and true reflections of the Services that are required by an Individual. You agree that you will not do anything contrary to the Care Request or other requests made through the web application. Consequently, any Care Contract must use the same exact details from the Care Booking from the web application.

11.7 Except as set out in these Terms, you agree:

11.7.1 to only submit Care Requests and other requests using the web application that are genuine, bespoke requests for Care Quotes or Services, and are not speculative. You also agree to do so within a timely manner, and in all cases, no later than the deadlines mentioned within the web application;

11.7.2 to inform us of any changes to circumstances that may affect your usage of the web application or the Individual’s ability to receive the Services. If you are an authorised representative, you will also inform us of the death of an Individual. If there is any change to a Care Booking or a cancellation, then you will also immediately tell us about that;

11.7.3 not to progress any booking requests in relation to any Care Requests or Care Quotes or Services outside of the web application.

11.8 You agree that all information contained in your profile on the web application remains true, accurate and not misleading throughout the duration of these Terms. You will notify us immediately if you become aware of any incorrect information or any changes to the information which has an effect on your ability to carry on using the web application.

11.9 Please note that you have the right to cancel this contract within 14 days without giving any reason. The cancellation period will end after 14 days from the day that this contract starts. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel this contract, we will reimburse to you all payments received from you under this contract within the prior 14 day period. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise with you; in any event, you will not incur any Charges as a result of the reimbursement. However, if you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract. You can contact us to terminate these Terms, including by using the contact details within the web application (or notifying us otherwise of your decision to cancel this contract by a clear statement). You may use the attached model cancellation form, but it is not obligatory. We will promptly send you an acknowledgment of receipt of your request to end the contract, and we will get in touch with you if we need to further discuss the matter. Please note that where we have received any funds from the Direct Payment Provider within the 14 day cancellation period, we will refund those amounts to the Direct Payment Provider (less any amounts for any services which you have used during the cancellation period).

12. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

12.1 If you choose, or you are provided with, a username, password or other user account log in details (we refer to all of that as the “Log-In Details”) from us for using the web application, you must treat such information as confidential. You must not disclose it to any third party.

12.2 We have the right to disable any Log-In Details, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the requirements of these Terms.

12.3 If you know or suspect that anyone other than you knows your Log-In Details, you must immediately notify us at support@avachoices.co.uk.

13. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

13.1 We do not guarantee that our web application will be free from bugs or viruses.

13.2 You are responsible for setting up your information technology, computer programs and platform to access our web application. You should use your own virus protection software.

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

14. REVIEWS

14.1 You acknowledge that users of the web application may submit a quality review or summary of a Care Provider’s performance under these Terms or a Care Booking. Such reviews are the opinions of those sending such comments and not those of us. Please report any abusive or derogatory comments to us, and we shall deal with such instances as we deem reasonably necessary.

15. HOW WE MAY USE YOUR PERSONAL INFORMATION

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

16. HOW TO PAY FOR CARE BOOKINGS USING THIS WEB APPLICATION

16.1 You acknowledge and accept that the creation of a Care Booking on the web application shall mean that payments will become due for Care Services which are delivered in respect of such Care Booking by a Care Provider under your separate contract with them. The payments for such Care Services shall be processed by the web application.

16.2 The Care Provider shall raise a Service Receipt within the web application for your review. The frequency of submission of Service Receipts shall be determined within the Care Booking (with this usually being weekly submissions).

16.3 You agree that you will aim to review and either accept or reject Service Receipts within the time limit set out in the web application. If, however, you do not reject the Service Receipt within the time limit set out in the web application you authorise us by agreeing to these Terms to operate automatic approvals for such Service Receipts.

16.4 We shall raise an Invoice within the web application for the Care Provider’s fees (as set out in the approved Service Receipt between the you and the Care Provider) (we refer to these as the “Fees”) and the associated Platform Charges at such frequency agreed in the Care Booking. Any Invoices shall then be processed by the web application for payment as further described in clauses 16.6 and 16.7 below.

16.5 If you have an issue with the amount of any of the Fees charged by a Care Provider or the Services provided or not provided by the Care Provider, then you understand and agree that you need to raise that with your Care Provider rather than us. You may send any information about the dispute (but not any legal proceedings) to the Care Provider through the web application. You agree that we may review any such information as well and at our discretion discuss the matter with the Care Provider should we choose to do so, although we have no obligation to do so, as we are not a party to the Care Contract.

16.6 If the Care Provider makes an adjustment to the Fees as a result of a dispute which you raise with the Care Provider, then we will adjust our Self-Funding Charges accordingly to reflect the amount of the Fees (as the Self-Funding Charges are linked to the amount of the Fees, as described in Clause 17 below). However, any adjustment to the Fees will not affect you having to pay us the Direct Payment Charges referred to in clause 17 below (where they are applicable). We reserve the right to raise a separate invoice for the Platform Charges for you to pay in the event that there is any dispute by you with the Fees.

Payment terms for self-funders:

16.7 If you are paying for the Care Services in respect of a Care Booking yourself rather than Direct Payments described in clause 16.7 below, then we call this “Self-Funding”. All approved Service Receipts in such cases shall be processed for payment by the web application using the following process:

16.7.1 we (as the Care Provider’s third party payment service provider) will invoice you in the Care Provider’s name, by way of the Invoice and you shall pay the Charges to us;

16.7.2 you shall allow us to take credit/debit card payments through the web application’s credit/debit card facility for any Charges. Where there is no credit/debit card facility for making your payment to us, you shall ensure that payment is made to us within fourteen (14) days from you receiving an Invoice;

16.7.3 when we have received the Charges from you in respect of an Invoice, we shall then make the payment in respect of the Fees to the relevant Care Provider for the respective Care Services on your behalf.

Payment terms for NHS-funded users:

16.8 If you are paying for the Care Services using any funding from your Direct Payment Provider (we call this “Direct Payments”), then all approved Service Receipts shall be processed for payment by the web application using the following process: 16.8.1 we (as the Care Provider’s third party payment service provider) will invoice you in the Care Provider’s name, by way of the Invoice and you shall pay the Charges to us;

16.8.2 you authorise us by agreeing to these Terms, to make payment in respect of any Invoices from funds held by us or provided to us by your Direct Payment Provider, in your account with us (your funds held in your account are what we refer to as the “Virtual Wallet”). We shall then make the payment in respect of that Invoice to the relevant Care Provider for the respective Care Services on your behalf;

16.8.3 if your account does not have enough funds to cover the amount of the Invoice, you shall make sure that full payment is made by you to us within fourteen (14) days of you receiving an Invoice for the respective Care Services.

16.9 If you decide to use your Virtual Wallet to pay for additional features such as products or services to meet your care and support needs that are allowable by your Direct Payment Provider, you will need to upload your third party provider invoice to the web application and we will invoice you for them in order to take the payment from your Virtual Wallet and pay the third party provider within thirty (30) days of sending you the respective invoice. Just like with the other Care Providers, your contract for the Featured Services will be with that third party rather than us, but we will make the payment as described above. Any issues with such third party providers must be resolved between you and them as we are not responsible nor liable for their services.

16.10 Please note that if you are using Direct Payments, then if the Individual dies or this contract ends (which we refer to in either case as the “End Date”), then any unused funds in the Virtual Wallet which are not required to make any payments under these Terms in respect of the period up to the End Date, will be returned by us to the Direct Payment Provider.

General terms:

16.11 Nothing in these Terms, or in the Care Contract, shall create any contractual relationship between: (1) us; and (2) you or the Individual.

16.12 Any Charges paid or attempted to be paid via the web application’s credit/debit card facility that may be declined, rejected or refused in any way will be notified to you and you will immediately arrange for payment of the respective amount to us.

16.13 We shall retain all accounts, documents and records in connection with the web application for six (6) years from the end of the contract year to which the records relate or for any longer period required by law.

17. CHARGES & HOW TO PAY FOR THE USE OF THIS WEB APPLICATION

17.1 We shall charge you and add to your Care Quote and resultant Care Booking the following charges for using our web application:

17.1.1 If you are Self-Funding (as described in clause 16.6 above), then:

17.1.1.1 5% commission on the net amount (namely excluding value added tax or VAT) charged by the Care Provider in respect of the Care Request (including any additional amounts charged by the Care Provider for renewals, extensions or amendments); and

17.1.1.2 2% booking fee of the net amount (namely excluding value added tax or VAT) charged by the Care Provider in respect of the Care Request (including any additional amounts charged by the Care Provider for renewals, extensions or amendments).

We refer to the above commission (namely the 5% commission) as the “Self-Funding Commission”. We reserve the right to not charge you the Self-Funding Commission or reduce the Self-Funding Commission we charge you which will be set out in the web application;

We refer to the total of the above charges (namely the 5% commission and the 2% booking fee) as the “Self-Funding Charges”;

17.1.2 If you are paying using Direct Payments (as described in clause 16.7 above): a regular fee will be deducted by us from your Virtual Wallet as agreed between you and your Direct Payment Provider in your care and support plan.

We refer to the above regular charges as the “Direct Payment Charges”.

17.2 All Self-Funding Charges and Direct Payment Charges will have value added tax (at the then applicable rate) added to them. The total amount of such charges are payable by you in British pounds sterling. We shall provide you with an appropriate VAT invoice.

17.3 You agree to reimburse us in full against all liability which we incur (including any interest, penalties or costs) which we are required to pay at any time to the tax and duty authorities in respect of your failure to pay any VAT to us in a timely manner.

17.4 In the event that we issue you an Invoice for the Self-Funding Charges, then all Self-Funding Charges shall be payable within 14 days of the date that we send you the Invoice and we reserve the right to withhold your access to the web application until we have received the applicable Self-Funding Charges in full.

17.5 In the event that we issue you an Invoice for the Direct Payment Charges, we shall issue you with an invoice for the Direct Payment Charges monthly in arrears to account for the Direct Payment Charges due and payable to us.

17.6 You may not offset amounts against any Invoices without our express written permission.

17.7 Any transactions processed via the web application’s supported third party card payment service (currently Barclaycard) shall be protected by encryption. Card details are not stored within the web application.

18. HOW YOU MAY USE MATERIAL ON OUR WEB APPLICATION

18.1 You acknowledge and agree that we and/or our third party licensors own all intellectual property rights in the web application and Ava Content. Except as expressly stated herein, these terms do not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), domain names, design rights or any other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world) or licences in respect of the web application.

18.2 We confirm that we have all the rights in relation to the web application that are necessary to grant all the rights we purport to grant under, and in accordance with, these terms.

18.3 We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.

18.4 Nothing in these Terms grants you any legal rights in the web application other than as necessary to allow you to access the web application. You agree not to adjust, try to circumvent or delete any notices contained in the web application (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the web application.

19. UPLOADING CONTENT TO OUR WEB APPLICATION

19.1 Whenever you make use of a feature that allows you to upload Content to our web application, or to make contact with other users of our web application, you must comply with the Content standards set out in our Acceptable Use Policy referred to in clause 5.1.2 above. You will fully reimburse us for all losses and liability which we suffer by your failure to comply with such standards.

19.2 You retain all of your ownership rights in your Customer Content, but you are required to grant us a licence to use, store and reproduce that Customer Content and to distribute and make it available to third parties. The rights you license to us are described in clause 20 below.

19.3 We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our web application constitutes a violation of their intellectual property rights, or of their right to privacy, or is unlawful.

19.4 You are solely responsible for securing and backing up your Customer Content.

20. RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD

20.1 When you upload or post Customer Content to our web application, you grant us a perpetual, irrevocable, non-exclusive, assignable, royalty-free and global licence to use, store, reproduce, distribute, display, sub-license and/or commercially exploit any user-generated Content in connection with the service provided by the web application across different media. This applies of course subject to our Privacy Policy referred to in clause 5.1.1 above.

21. USER-GENERATED CONTENT IS NOT APPROVED BY US

21.1 The web application may include information and materials uploaded by other users of the web application. That information and those materials have not been verified or approved by us.

22. HOW TO COMPLAIN ABOUT CONTENT UPLOADED BY OTHER USERS

22.1 If you wish to complain about Content uploaded by other users, please contact us at support@avachoices.co.uk.

23. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

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

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

24. YOUR OBLIGATION TO REIMBURSE US

24.1 You shall reimburse us in full in respect of all losses and liabilities which we incur as a result of your or the Individual’s wrongful actions, or your failure or the Individual’s failure to comply with the Terms.

25. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

25.1 This condition sets out the entire financial liability of the parties (including any liability for the acts or omissions of employees, agents and subcontractors) to each other (and including the Individual) in respect of:

25.1.1 any breach of these Terms however arising;

25.1.2 any use made of the web application by you or the Individual, or of any product or service incorporating the web application; and

25.1.3 any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms.

25.2 Nothing in this Licence shall limit or exclude the liability of either party for:

25.2.1 death or personal injury resulting from their negligence;

25.2.2 fraud or fraudulent misrepresentation; or

25.2.3 any other liability which may not be limited or excluded under any applicable law.

25.3 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen. WHERE WE ARE FOUND TO BE LIABLE TO YOU OR THE INDIVIDUAL, THEN WHERE THE LAW ALLOWS US TO DO SO (AND SUBJECT TO CLAUSE 25.2 ABOVE), WE LIMIT OUR LIABILITY AS FOLLOWS: WE WILL REFUND YOU THE AMOUNT OF ANY CHARGES WHICH WE WERE NOT ENTITLED TO INVOICE YOU FOR, TOGETHER WITH A MAXIMUM AMOUNT OF COMPENSATION OF £100.

25.4 Subject to clause 25.2 and 25.3 above, we shall not be liable for any loss or damage of any kind arising from the use of the web application or from errors, deficiencies or faults in it, whether such loss or damage is caused by negligence or otherwise, unless agreed otherwise in any other written and signed contract between you and us. We do not exclude our liability for breaches of the data protection laws, where to do so would be unlawful.

25.5 These terms set out the full extent of our obligations and liabilities in respect of providing you with access to, or failing to provide you with access to, the web application. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us except as specifically stated in these terms. Any condition, warranty, representation or other term concerning the web application which might otherwise be implied into, or incorporated in, these Terms, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law. However. nothing in these Terms affects your consumer statutory rights.

25.6 For the avoidance of doubt, we shall not be responsible or liable for any third party Content contained within the application or any content on any third party site, which may be hyperlinked or otherwise referenced through the web application.

25.7 Each party shall at all times take all reasonable steps to minimise any loss or damage which it suffers in relation to the web application and these Terms.

25.8 We are not liable for business losses. We only make the web application available for private consumer use. If you use the web application for commercial or business purposes, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Also, any such use will be a material breach of the contract by you and it will automatically and immediately bring this contract to an end.

26. YOUR AND OUR RIGHTS TO END THE CONTRACT

26.1 Either you or we may bring to an end the contract formed by these Terms between you and us, by either:

26.1.1 providing the other with 30 days’ notice in writing at any time and for any reason or no reason at all; or

26.1.2 letting the other know in writing, that the other has not complied with these Terms (together with details of the failure). This applies only where the failure cannot be reasonably corrected within a reasonable period of time.

26.2 We may also suspend or terminate these Terms immediately by written notice (including by email) to you if we become aware of any of the following:

26.2.1 you try to contract with, or otherwise contact, a Care Provider so as to circumvent the web application;

26.2.2 you seek to process payments for any Care Booking or Services outside of the web application when the parties set up the Care Booking or Services to be paid via the web application;

26.2.3 you fail to inform us that a Care Provider has sought to contact you or process payment for a Care Booking or Services outside of the web application;

26.2.4 your actions or failures cause concern for the welfare of any Individual, or otherwise cause actual or potential damage to the reputation or integrity of us or our web application, which shall be determined at our sole discretion;

26.2.5 you use the web application or any part thereof for any purpose other than the Permitted Purpose;

26.2.6 you breach these Terms;

26.2.7 you are deemed as either unable to pay your debts or as having no reasonable prospect of doing so, or otherwise face or have entered into bankruptcy;

26.2.8 you are abusive or are otherwise, in our sole discretion, deemed to be offensive or you engage in inappropriate conduct;

26.2.9 you fail to maintain any standards for participation in the web application as set by us from time to time; or

26.2.10 you fail to comply with these Terms in a way that is materially adverse to the interests of us or prevents us from complying with our legal requirements.

26.3 Upon termination for any reason:

26.3.1 all rights granted to you under these Terms shall cease;

26.3.2 you must cease all activities authorised by these Terms;

26.3.3 you must immediately pay to us any sums due, if any;

26.3.4 we may cancel your account and access rights to the web application; and

26.3.5 you shall reimburse us for all losses and costs which we suffer as a result of any termination resulting from your wrongful actions or failures.

26.4 Termination of these Terms shall not prevent us from seeking compensation from you for any losses which we suffer from your wrongful actions or failures.

26.5 Termination or expiry of these Terms shall not affect any Care Contract entered into before the Terms were terminated. You will also be required to pay us the Charges in connection with such Care Contract and these Terms will survive termination in that respect. We may raise an invoice for the respective charges outside the web application in such circumstances if we so wish, or alternatively we may provide you with limited access to the web application for payment purposes

26.6 The termination of a Care Contract shall not result in termination of these Terms.

26.7 The other terms in this document which are stated to, or intended to, survive termination of the contract, will continue to survive such termination.

27. OTHER IMPORTANT TERMS

27.1 We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control. Events beyond our control shall include, but not be limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion, accident epidemic or pandemic, COVID-19 related events.

27.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

27.3 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

27.4 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its Terms.

27.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

27.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

27.7 These Terms constitute the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.

28. WHAT HAPPENS IF THERE IS A DISPUTE IN RELATION TO YOUR USE OF THIS WEB APPLICATION AND WHICH COUNTRY’S LAWS APPLY?

28.1 We will try to resolve any disputes with you quickly and efficiently.

28.2 If you are unhappy with us please contact us as soon as possible.

28.3 If a problem arises or you are dissatisfied with the web application, we will seek to resolve a dispute using our comprehensive complaints policy.

28.4 These Terms are governed by English law and you can bring legal proceedings in respect of the contract between you and us in the English courts. If you live in Scotland, you can bring legal proceedings in respect of it in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of it in either the Northern Irish or the English courts.

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.