SmartPlans DPA

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Variables

Parties	You, as defined in the Main Agreement, will act as the Controller. Birdie Care Services Limited, registered in England and Wales (Company No. 10863579) ("Birdie"), will act as the Processor.
Main Agreement	The document entered into by the parties entitled "SmartPlans Additional Product Terms", to which this document is appended.
Term	This DPA will commence on the Effective Date of the Main Agreement and will continue for the term of the Main Agreement.
Breach Notification Period	Without undue delay after becoming aware of a personal data breach.
Sub-Processor Notification Period	Three days before the new sub-processor is granted access to Personal Data.
Liability Cap	For the avoidance of doubt, this DPA will be subject to the liability limitations and exclusions of liability in the body of the Main Agreement.
Governing Law and Jurisdiction	England and Wales.
Data Protection Laws	All laws and regulations which apply to the processing of Personal Data in the United Kingdom (UK). This includes the: UK General Data Protection Regulation (UK GDPR) Data Protection Act 2018 Privacy and Electronic Communications (EC Directive) Regulations 2003 each as amended from time to time.
Services related to processing	SmartPlans Services
Duration of processing	For the Term of this DPA
Nature and purpose of processing	Processing of audio recordings to generate transcripts and structured suggestions for care plans, and to present suggestions to authorised humans for review and acceptance. SmartPlans will utilise voice biometrics for 'speaker diarisation' (the process of partitioning audio into segments based on speaker identity, answering "who spoke when").
Personal Data	Audio recordings of care planning meetings. Voice biometrics for the purpose of speaker recognition may be considered Special Category Data. Transcripts of care planning meetings. Care plans created by the Controller as a result of the recorded meetings. AI-generated care plans (including summaries, tasks, suggestions, etc.), created from the transcripts.
Data subjects	Customer employees (care manager or assessor) Care recipients Associates (e.g. family, friends) of care recipients (if present during the care planning meetings).
Special provisions	None
Transfer Mechanism	N/A

Annexure 1A

Security measures. Technical and organisational measures to ensure the security of Personal Data

https://www.birdie.care/security-by-design

Annexure 1B

Sub-processors. Current sub-processors

https://www.birdie.care/terms/sub-processors
SmartPlans-specific Sub-processors will be marked in the above list as such.

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