Scope of this policy
This policy applies to personal data collected by Avature from its customers, providers, partners, business associates, advisors, prospects and their respective employees, representatives and agents, from applicants for employment and from members of the general public.
Description of Business Activity
Avature develops and provides software application services, which include data processing activities, and hosting activities. Avature’s customers primarily use our hosted services for Recruiting, Recruitment Marketing and Communication, and Talent Management activities. Avature’s customers upload their data (including Personal Data of prospective job candidates and employees) to the Avature hosted environment. Depending on our agreement with the respective customer, this data may be stored in the United States of America, the Netherlands, Argentina, Germany, Australia, Japan, Russia, China or Singapore, and Avature may transfer it to other countries where we have operations. Once the data is stored, our customers access our solution and their data for staffing purposes. Individuals involved in these recruitment and staffing activities interact directly with Avature’s customers, rather than with Avature. Avature is a “data processor” for our customers, who operate as “controllers” of Personal Data.
Avature does not collect Personal Data for resale, sell Personal Data it has collected, or sell access to Personal Data.
In general, you can visit Avature on the Internet without telling us who you are and without giving any personal information about yourself. There are times, however, when we or our partners may request information from you.
You may choose to give us personal information in a variety of situations. For example, you may want to give us information, such as your name and address or e-mail address, to correspond with you, to process an order, or to provide you with a subscription. You may give us your credit card details to buy something from us or a description of your education and work experience in connection with a job opening at Avature that you wish to be considered for. We intend to let you know how we will use such information before we collect it from you; if you tell us that you do not want us to use this information to make further contact with you beyond fulfilling your requests, we will respect your wishes. If you give us personal information about somebody else, such as a spouse or work colleague, we will assume that you have their permission to do so.
Additionally, from time to time, Avature employees search the Internet for Personal Data about people they think may be a good fit for working at Avature, would be interested in purchasing our products or attending our webinars or events or that for any other legitimate reason we believe would be worth having.
By visiting www.avature.net you are accepting and consenting to the practices described in this policy.
Purpose and Practices
In general, Avature may retain Personal Data about several different types of individuals, including (i) website visitors, (ii) past, current or potential customers, suppliers, providers, partners, business associates, advisors, prospects and their employees, representatives and agents, (iii) candidates for employment with us or our customers, (iv) Avature’s own employees, and (v) people who posted their CVs online. Avature’s practices with respect to each of these types of individual data subjects are described below.
If you choose to provide some personal information in our website, we will use that information for the purpose for which you provided it and in accordance with this policy.
Past, Current or Potential Customers, Suppliers, Providers, Partners, Business Associates, Advisors, Prospects AND their Employees, Representatives and Agents
Avature may obtain Personal Data about employees, representatives and agents of our customers, suppliers, providers, partners, business associates, advisors and prospects. Such data may include contact information (names, titles, addresses, phone and fax numbers, and email addresses); information about products and services ordered or provided; financial and payment information; user ID, passwords, and information collected through Internet-based activities. Collection and processing of these data is required in order to perform our contracts with our customers, suppliers, providers, partners, business associates or advisors and/or in order to take steps to enter into such a contract and/or to comply with our record retention obligations.
Avature may use these types of Personal Data for business purposes, including delivering products or services; establishing, renewing, maintaining or terminating client and business relationships; providing access to Internet-based activities; performing invoicing, collection, payment and related accounting functions. Additionally, as further described in the Marketing section of this policy, we may send you invitations to participate in Avature hosted events.
Employees, representatives and agents of our customers, suppliers, providers, partners, business associates, advisors and prospects may contact their regular point of contact within Avature if any of their Personal Data changes, or if they would like to access and correct Personal Data that we maintain about them. In any event, such persons can also contact us by sending an email to Avature’s Privacy Officer (email@example.com), or by using the information at the end of this privacy statement.
Candidates for Employment with Us
Avature may obtain Personal Data about candidates for employment. Our goal in collecting your personal data is to evaluate your qualifications to work directly for us. We ask candidates for their names, addresses, and other Personal Data such as work experience, education, and skills, contact details, work preferences, and other information. When hiring employees, we may also request Personal Data that is considered “sensitive,” such as information necessary to provide health benefits. Avature recommends that you do not disclose sensitive personal characteristics (e.g., gender.) on the initial resume or curriculum vitae (CV) you submit to us. The amount of Personal Data you are required to supply will be limited to information needed to evaluate your ability to perform the job for which we are considering you and/or for Avature to comply with applicable laws (such as EEOC in USA).
Avature may use this type of data to facilitate the selection, hiring, and internal mobility of individual candidates for specific employment. If you would like to correct, amend, or delete your personal data, you should contact us directly with any such requests and we will promptly address your request.
End Users of Avature’s Hosted Application Service (including candidates for employments with our customers)
In cases where we are acting as a data processor on behalf of our customers, such as when we act as an application service provider that delivers Human Resources software, we conduct such activities strictly in accordance with our customer’s instructions and pursuant to our contractual arrangements with them. It remains the responsibility of our customers to inform the individuals of the purposes for which they collect and use Personal Data, about the choices and means, and any ways that the individuals may limit the use or disclosure of their information. In this instance, the software would be clearly identified as belonging to our customer and would be branded with their logos and company information. If you are a candidate with one of our customers through this software, or an End User of this software with an existing relationship with one of our customers, you should refer to the customer’s website or their human resources manager to understand the privacy practices that apply to Personal Data that we may maintain about you. Moreover, if you would like to correct, amend or delete your Personal Data, you should contact our customer (your potential or existing employer) with any such requests. We will cooperate as appropriate with requests from our customers to assist with such responses.
Individuals who posted their CVs online
Since Avature develops and offers talent acquisition and talent management SaaS, we need to test and train our product. Usually, we employ non-personal test data for this purpose.
However, certain parts of our system need to be tested and/or trained with real CVs. When this occurs, we search the Internet for CVs and professional profiles and use such data in our testing and training procedures. Please note that we only use data that is freely available on the Internet or provided by a service that complies with applicable laws in the collection of the data.
Once we have finished using the data, the same is deleted. This data is not shared with anyone outside Avature and, within Avature, only with those Avature employees who have a need to use it.
Avature may disclose personal data to other members of the Avature Group. Avature may also disclose Personal Data as necessary in connection with the sale or transfer of all or part of the business. In these situations, Avature will require the recipient of the data to protect the data in accordance with the relevant principles in the Regulation (EU) 2016/679 (GDPR), or otherwise take steps to ensure that Personal Data is appropriately protected.
Additionally, we may disclose the following information, to customers, suppliers, providers, partners, business associates, advisors and prospects as necessary in connection with the performance of requested services or solutions, or as otherwise appropriate in connection with a legitimate business need. In particular, we may disclose the following personal information to the following people:
- Personal Data about employees, representatives and agents of a customer:
- to suppliers, providers, partners, business associates and advisors in case it is needed to adequately provide our services to such customer; and
- to prospects in case you have given us permission to use you as references.
- Personal Data about employees, representatives and agents of our suppliers, providers, partners, business associates and/or advisors to our customers and prospects in case it is needed in the context of offering and/or providing our services.
- Personal Data about employees, representatives and agents of our prospects to our suppliers, providers, partners, business associates and advisors in case it is needed to adequately offer and negotiate the provision of our services.
Where Avature becomes aware that a third party is using or disclosing Personal Data in a manner contrary to this policy, Avature will take reasonable steps to prevent or stop the use or disclosure.
Disclosures Required By Law
Please be aware that in certain circumstances, it is possible that personal information may be subject to disclosure pursuant to judicial or other government subpoenas, warrants, or orders or if required by law.
Our Worldwide Practices
Avature is a global organization, with legal entities, business processes, management structures, and technical systems that cross borders.
Our privacy practices are designed to provide protection for your personal information all over the world. We may share your personal information within Avature and transfer it to countries in the world where we do business in order to perform administrative tasks, negotiate, maintain, comply with, enforce or terminate our agreements with our customers, providers, partners, business associates, advisors and prospects and to provide services to you or your employer or represented; please see the countries where we are located (and where your data could be transferred to) in the Questions section of this policy. Some countries may provide less legal protection for your information. In such countries Avature will still handle information in the manner described here.
Access, Correction and Request to Limit our Use of your Personal Information
You have the right to ask Avature to grant you access to Personal Data we hold about you.
In case information we hold about you is incorrect or incomplete, Avature will take reasonable steps to permit you to correct, amend, or delete any such incorrect or incomplete Personal Data.
If you are a candidate for employment with Avature, you may also request your Personal Data in a commonly used machine readable format in accordance with article 20 of GDPR, in which case we will provide it in a comma-separated file format and, in case you have provided us with your CV, cover letter or other similar document, you will receive such document(s) in the format in which you provided it to us.
Additionally, in some cases, you have the right to ask us to limit the use and/or disclosure we make of your personal information. Please note that, in case you are an employee, agent or representative of an Avature customer, supplier, provider, partner, business associate, advisor or prospect, Avature’s use of your personal information may be required to comply with Avature’s agreement with your employer or represented, so you should discuss with them the consequences of restricting Avature’s use of your personal information and, eventually, provide an alternate point of contact. Any failure to do so may result in an impossibility on Avature to comply with our contractual obligations.
You may exercise the rights specified above by writing to your regular Avature point of contact and/or to firstname.lastname@example.org.
Marketing Use of Personal Information
The information you provide to Avature on Avature websites may also be used by Avature for sending you e-newsletters based on your expressed interests as further described when collecting the information. However, we will offer you the opportunity to choose whether or not to have your information used in this way. Avature does not sell or exchange the information we collect from you with any third-party for them to market products or services to you.
You have the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at email@example.com.
Posting to Public Areas of Avature Website
Please remember that if you post any of your personal information in public areas of the Avature Website, such as in online forums or chat rooms, in the Avature blog or on Avature’s pages on social media, such information may be collected and used by others over whom we have no control. We are not responsible for the use made by third parties of information you post or otherwise make available in public areas of the Avature Website. In addition, each participant’s opinion on a forum or chat room is his or her own and should not be considered as reflecting the opinion of Avature.
Links in Avature’s Website
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Information Security and Quality
We intend to protect your personal information and to maintain its quality. We implement appropriate measures and processes, such as using encryption when transmitting certain sensitive information, to help us keep your information secure and to maintain its quality.
Avature has global hosting centers that store and process personal data in the United States, the Netherlands, Argentina, Germany, Russia, China, Australia, Japan and Singapore. Avature takes reasonable precautions to protect Personal Data in these data centers from loss, misuse and unauthorized access, disclosure, alteration, and destruction.
Avature will use Personal Data only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. Avature will take reasonable steps to keep personal data accurate, current, complete and available for its intended use.
Avature will conduct compliance audits of its relevant privacy practices to verify adherence to this policy. Any employee that Avature determines is in violation of this policy will be subject to disciplinary action up to and including termination of employment.
We sometimes collect non-identifiable information from visits to our Websites to help us provide better customer service. For example, we keep track of the domains from which people visit, and we also measure visitor activity, but we do so in ways that keep the information non-identifiable. This information is sometimes known as “click-stream data.” Avature may use this data to analyze trends and statistics and to help us provide better service.
Further information about the Cookies we use may be found here.
Avature webpages may contain electronic images known as Web beacons (sometimes called single-pixel gifs) that allow us to count users who have visited those pages and to deliver co-branded services. Web beacons are not used to access your personally identifiable information; they are a technique we use to compile aggregated statistics about our website usage. Web beacons collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the Web beacon resides.
You may not decline Web beacons, however, they can be rendered ineffective by declining all cookies or modifying your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis.
Further information about the Web Beacons we use may be found here.
Personalized URL Link
On occasion, we may personalize and customize websites for certain visitors. If you visit one of these sites, you may find it customized with references to products and/or services or career opportunities that we believe may be of interest to you, based on your previous interactions with Avature and information you have provided to us. While you are visiting these websites, we may collect information about your visit to better tailor the site to your interests. An invitation to visit one of these websites is usually presented as a personalized URL in an e-mail, a notice on a website registration page, or as a response to you logging on to a certain website.
If you choose to visit one of these websites, you are agreeing to let Avature collect information about your visits and also to its association with other information about you and your relationship with Avature as further described in the terms and conditions that apply to such pages. If you do not wish your information to be used in this way, do not accept the invitation to visit these sites.
For more information about the Privacy Shield Principles and to view the certification for Avature’s companies, visit the Privacy Shield website at https://www.privacyshield.gov/. You may also contact us directly at (+1) 212-380-4160 ext 6579 to learn more about this certification.
With respect to personal information received or transferred pursuant to the Privacy Shield Framework, Avature is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In some cases, Avature is potentially liable if its agents process your personal information in a manner that is inconsistent with the Privacy Shield Principles.
Avature will investigate and attempt to resolve complaints and disputes regarding collection, use and disclosure of Personal Data in accordance with the principles contained in this policy. EU, English or Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Avature at: firstname.lastname@example.org
Avature Limited and Avature LLC have further committed to cooperate with EU data protection authorities (DPAs), with the UK Information Commissioner’s Office (ICO) and with the Swiss Federal Data Protection and Information Commissioner, with regard to unresolved Privacy Shield complaints concerning personal data transferred from the EU or Switzerland, respectively. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact the EU DPAs, the ICO or the Swiss Federal Data Protection and Information Commissioner as applicable for more information or to file a complaint. The services of EU DPAs, ICO and of the Swiss Federal Data Protection and Information Commissioner are provided at no cost to you.
Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
If you have any questions or comments about this Policy, or if you would like to correct, amend, or delete the Personal Data that we may maintain about you, please contact us through the following email: email@example.com
If you prefer to send us a letter, you may do so to the following addresses:
Attention: Privacy Officer
Reichenbachstraβe 26 (1 Stock rechts), 80469, München
Avature Spain SLU
Attention: Privacy Officer
Calle Marqués de Valdeiglesias No. 3, Planta Cuarta, (28004) Madrid
Attention: Privacy Officer
International House – 24 Holborn Viaduct, City of London, London EC1A 2 BN
Attention: Privacy Officer
45 Rockefeller Plaza, Suite 2000, New York, 10111 NY, USA
Attention: Privacy Officer
Humboldt 1550, piso 5, oficina 503, CP1414, Buenos Aires, Argentina
Avature Pty Ltd.
Attention: Privacy Officer
Suite 2, 132 Toorak Road, South Yarra, Victoria 3141, Australia
Attention: Privacy Officer
36/F., Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong
This policy may be amended from time to time, consistent with the requirements of applicable data protection legislation. A notice will be available upon request.