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.
Please read this policy to understand what information we collect, for which purposes we use it as well as which rights you have regarding your personal data.
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 data about yourself. There are times, however, when we or our partners may request personal data from you.
You may choose to give us Personal Data 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 will 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 Data 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 publicly available information on 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.
We neither intend nor try to collect information on minors (16 years of age or younger). Considering that we cannot tell the age of online visitors, if a minor provides Personal Data to us without the consent of his or her parents or guardian, his or her parents or guardian may request us to remove the information or request that we do not contact him or her for any promotional or marketing activity.
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, (v) people who posted their CVs online, and (vi) users of our mobile app. Avature’s practices with respect to each of these types of individual data subjects are described below.
If you choose to provide some Personal Data 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, correct and/or delete 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 Personal 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 act 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 on our customer’s behalf. 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.
Users of our mobile app
Part of Avature’s services are provided to our customers through a mobile app available for IOS and Android devices. If you download and/or use Avature’s mobile app, we will require access to your camera, your photo library, and your mobile device’s storage and we will store certain data about you and your usage of the app. Should you elect not to provide such accesses and information, the app may not operate as expected.
Additionally, you’ll be asked to provide further information that is useful for the future development of the app and for support purposes. If you elect not to provide such further information, our ability to provide support to you in case of any problem may be impaired by lack of information about your particular configuration and usage of the app.
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) and other applicable laws and regulations, or otherwise take steps to ensure that Personal Data is appropriately protected.
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 Data to the following people:
1. Personal Data about employees, representatives and agents of a customer:
1.1. to suppliers, providers, partners, business associates and advisors in case it is needed to adequately provide our services to such customer; and
1.2. to prospects in case you have given us permission to use you as references.
2. 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.
3. 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.
4. Personal Data about mobile app users with providers of security and other services required for the correct functioning, maintenance and improvement of the app.
Additionally, we may disclose your Personal Data to third parties pursuant to our good faith belief that disclosure is necessary to the establishment of legal claims or defenses, to obtain legal advice, to exercise and defend our legal rights, to protect our rights or property and those of our affiliates, or to protect the life, body or property of an individual.
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 Data may be subject to disclosure pursuant to judicial or other government subpoenas, warrants, or orders or if required by applicable laws and regulations.
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 Data all over the world. We may share your Personal Data within Avature and as otherwise described in the Disclosure section of this policy and transfer it to countries in the world where we do business in order to perform administrative and technical 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 and will put in place the measures required by applicable laws and regulations to protect your personal data.
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 Data. 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 Data 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 Data 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.
Please note that if you send your request to our email@example.com email address and do not specify that your request refers to the data held by Avature in its own databases, we are under contractual obligation to notify your request to a selection of our customers. In such cases, each applicable customer will contact you if and as applicable to respond to your request. We will also respond to your request based on the information we may find in our own databases.
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, you are free 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 firstname.lastname@example.org.
Posting to Public Areas of Avature Website
Please remember that if you post any of your Personal Data 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 Avature has no responsibility or liability for what the owners of such websites may do. Please check these policies before you submit any Personal Data to these websites.
Information Security and Quality
We intend to protect your Personal Data 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 Data 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 Data in a manner that is inconsistent with the Privacy Shield Principles.
Additional Specific Provisions Applying to Personal Data collected in California
If you are located in the Republic of California, the following provisions apply to any Personal Data we collect about you.
The categories of personal information collected may be the following:
- Identifiers such as a real name, signature, alias, unique personal identifier, online identifier, internet protocol address, account name, social security number, driver’s license number, passport number, state identification card number, or other similar identifiers.
- Contact details such as postal address, email address, telephone number, mobile number.
- Commercial information, including records of products or services purchased, obtained, or considered by you or your employer, or other purchasing or consuming histories or tendencies.
- Bank account number, credit card number, debit card number, or any other financial information needed to charge you or your employer for services provided by Avature or required to pay you for services rendered to Avature.
- Biometric information.
- Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with Avature’s websites, applications, or advertisements.
- Geolocation data.
- Professional or employment-related information.
- Education information.
- Inferences drawn from any of the information above described.
You may find the purposes for which we shall use your information in the chapter titled “Purposes and Practices”.
The main sources from which we collect personal information are the individuals themselves, the Avature websites, the cookies and web beacons we placed in them, our Customers, Suppliers, Providers, Partners, Business Associates, Advisors and Prospects and their employees, agents and representatives, Discover.org, the organizers of events we sponsor, the internet and/or reputable providers of professional profiles/CVs.
You may find Avature’s business and/or commercial purpose for collecting personal information in the chapter titled “Purposes and Practices”.
You may find the categories of third parties with whom Avature shares personal information in the chapter titled “Disclosure”.
You may have the right to ask Avature to:
- disclose the categories and specific pieces of information we have collected about you;
- delete the personal information we collected about you;
- disclose the sources from which the personal information is collected;
- disclose the business or commercial purpose for collecting or selling personal information;
- disclose the categories of third parties with whom Avature shares personal information; and
- disclose the categories of personal information that Avature disclosed about you for a business purpose.
You may submit your request as specified in the chapter titled “Questions”. Additionally, you may call our toll-free number: 1-888-696-6246, or you may submit your request through the contact form.
Please note that under California law, you also have the right to request us to disclose the categories of personal information that Avature may have sold about you and the categories of third parties to whom the personal information was sold. However, kindly note that Avature does not sell personal information.
Also, kindly note that Avature does not offer any financial incentives covered by section 1798.125 of the California Civil Code.
Additional Specific Provisions Applying to Personal Data collected in China
If you are located in the People’s Republic of China (“China”, excluding Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan) and your Personal Data is collected or processed by Avature within China, the following provisions apply to any Personal Data we collect about you.
By providing your Personal Data to us, you are consenting to this policy and our collection, use, disclosure, access, sharing, transfer, storage and processing of your Personal Data for the purposes described in this policy and we will seek your express consent as required under applicable law. If it is necessary for us to use your Personal Data beyond such scope, we will inform you in a timely manner and use it after we have obtained your renewed consent to the extent required under applicable law.
Please note that the personal data that Avature may collect from you may include:
- your name, gender, titles, address, e-mail address, phone and fax numbers;
- financial and payment information, and credit card details;
- education background, work experience and skills;
- user ID, passwords, and information collected through Internet-based activities;
- if you are a mobile app user and have agreed to provide assistance in the improvement of the app, IP address of the device where you installed the app, information about the device such as device ID, model and device type, name and version of its operating system, settings and language of the device, version and functionality of the application and, if applicable, time of the failure.
- our interactions with you regarding the Avature products and services and/or your employer’s provision of products or services to Avature, such as emails, registrations to webinars, downloaded documents, etc.
When we disclose your personal data to third parties, we will make all commercially reasonable efforts to review the data security capabilities of, and enter into confidentiality agreements with, third parties to which we disclose Personal Data, and require them to process your Personal Data in accordance with this policy and other relevant non-disclosure and security measures.
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: email@example.com
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, UK 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 access, correct, amend, or delete the Personal Data that we may maintain about you, please contact us through the following form or at our email: firstname.lastname@example.org
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
Avature Limited Attention: Privacy Officer
International House – 24 Holborn Viaduct, City of London, London EC1A 2 BN
Avature Limited 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
31/F., Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong
Avature (Shenzhen) Company Limited
Room 2201, Shenzhen International Chamber of Commerce Center, Yitian Road & Fuhua Third Road Northeast border, Futian Street, Futian District, Shenzhen, People’s Republic of China.
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.