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(Last update: August 9th 2022)
A reference to “Avature,” “we,” or “us” is a reference to Avature Limited and its relevant affiliates involved in the processing of your Personal Data as required for the provision of the requested Avature services and/or products. A list of Avature’s affiliates can be found in here.
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, Germany, Australia, Japan, 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 recruitment purposes. Individuals involved in these recruitment and staffing activities interact directly with Avature’s customers, rather than with Avature. Avature is a 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.
We will collect Personal Data about you from a variety of sources, including information we collect from you directly (e.g. when you reach out to us through the online “Contact Us” forms), and information we collect about you from other sources, as described below:
The categories of Personal Data we collect directly from you include:
a)Personal details (g. first and last name);
b) Contact details (g. phone number, postal address or e-mail address);
c) Professional details (e.g. job title, company and company details, and professional contact details);
d) Content of enquiries (including your expressed interests) explicitly provided by you; and
When you are acting as an employee, representative and/or agent of our customers, suppliers, providers, partners, business associates, advisors or prospects, we may also collect the following information about you:
a) Contractual data, such as purchase orders, invoices, contracts and other agreements between your company (or your employer) and Avature, that may include your contact information and signature;
b) Financial and payment information such as bank account and credit card details;
c) IT related data, such as your user ID, passwords and logs about your usage (including profile details) of our Websites or portals specifically created to provide a service to our customers such as the Training, Sales and Resourcecenter portals; and
d) Other details about our professional relationship, including our communications.
If you are a user of our mobile app (available for IOS and Android devices), we also collect the following information:
a) Data resulting from our access to your camera and/or photo library (provided you have expressly authorized such access); and
b) Other information you may provide that is useful for the future development of the app and for support purposes.
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.
We also collect some of the Personal Data listed above directly from publicly available sources (which would only include personal, professional and contact details) or from your employer in the case of candidates for employment with Avature.
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 we have about him or her.
In general, Avature may retain Personal Data as controller about several different types of individuals, including (i) visitors of our Websites; and (ii) employees, representatives and/ or agents of customers, suppliers, providers, partners, business associates, advisors or prospects. Avature may also access Personal Data regarding end users of its services on behalf of its customers as processor, as further specified below. Avature’s practices with respect to each of these types of individual data subjects are described below.
Avature processes Personal Data about you (as listed in section above) while you visit and browse our Websites (e.g. via Cookies), communicate with us through the Websites (e.g. via “Contact Us” forms) and make use of other functions or services offered in our Websites. We process such Personal Data for the following purposes and on the basis of the lawful bases identified below:
a) We process your Personal Data on the basis of our legitimate interest to provide you with the requested Websites and services, for the following purposes:
Where we process Personal Data in fulfillment of our own legitimate interests, we carry out a balancing test (available upon request) to verify that said legitimate interest is not overridden by your interests or rights.
b) We process your Personal Data for the following purposes, provided you have granted your prior consent:
c) We will also process your Personal Data in order to ensure an optimum level of compliance with the applicable legal obligations to which Avature is subject, and cooperate with regulators and law enforcement bodies where necessary, in line with section “How do we disclose your Personal Data and with whom?” below (e.g. to disclose your Personal Data and other complementary information subject to requests received from authorities and/or bodies with compelling power, as required by the applicable laws or by law enforcement officers invested with such powers).
Avature processes Personal Data (as listed in section above) about employees, representatives and/or agents of our customers, suppliers, providers, partners, business associates, advisors or prospects. We process such Personal Data for the following purposes and on the basis of the lawful bases identified below:
a) We process your Personal Data on the basis of our legitimate interest, for the following purposes:
You may contact your regular point of contact within Avature if any of your Personal Data changes, or if you would like to exercise any of your data protection rights with regard to your Personal Data that we maintain. In any event, you can also contact Avature’s Data Protection Officer here.
In cases where we act as a 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 exercise any of your data protection rights with regard to 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.
Avature will disclose your Personal Data to third parties under the following circumstances:
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 and / or property and those of our affiliates, or to protect the life, body or property of an individual.
c) Asset purchasers. We will also disclose your Personal Data with any third party that purchases, or to which we transfer, all or part of our assets and business. In these situations, Avature will require the recipient of the data to protect the data in accordance with the relevant principles under the applicable data protection regulations and takes steps to ensure that Personal Data is appropriately protected.
e) Law enforcement agency, court, regulator, government authority or other third party with compelling authority. 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.
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.
Avature is a global organization, with legal entities, business processes, management structures, and technical systems that cross borders. Therefore, the recipients referred to in section above can be located outside the jurisdiction in which you are located (or in which we provide the services), including third countries outside the European Union (“EU”), such as the United States of America, that are not regarded as providing an adequate level of protection of the Personal Data.
We have put in place appropriate safeguards (such as contractual commitments) in accordance with applicable laws and regulations to ensure that your Personal Data is adequately protected, on the basis of the relevant sets of standard contractual clauses approved by the European Commission available for consultation here. For more information on the appropriate safeguards in place, please contact us at the details below.
We will keep your Personal Data for as long as we have a relationship with you and insofar the agreement with your employer is in force. Afterwards, we will retain your Personal Data for a period of time that enables us to defend ourselves against potential legal and contractual actions (during their expiration period) or as otherwise required under the relevant local laws. Finally, once these actions expire, we will proceed to delete your information.
You have certain data protection rights regarding your Personal Data. Including the following rights:
a) To know how Avature processes your Personal Data and to access to the Personal Data we hold about you;
b) To request the rectification of inaccurate or incomplete Personal data;
c) To request the erasure of your Personal Data when, among others, such data is no longer necessary for the initial purposes for which it was initially collected, in accordance with applicable laws;
d) To restrict our processing of your Personal Data, under certain circumstances (in which case we will only retain your Personal data for the exercise and/or defense of Avature’s rights);
e) To object to our processing of your Personal Data, having regard to the given circumstances and for reasons related to your particular situation (in which case we will only retain the Personal Data for imperative legitimate reasons or the exercise and/or defense of Avature’s rights);
f) To request the portability of your Personal Data, which will allow you to obtain and reuse the Personal Data in a usable electronic format for your own purposes and across different services without hindrance to usability, including its transmission to another third party;
g) To withdraw the consent you may have granted to a specific processing, at any time; and
h) To make a complaint to the competent supervisory authority.
You may exercise the rights specified above by writing to your regular Avature point of contact and/or by sending an email to our privacy officer.
Please note that, in case you are an employee, representative and/or agent 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 representative, 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.
Please remember that if you post any of your Personal Data in public areas of our Websites, 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 our Websites. 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.
Our Websites 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.
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, 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.
In addition to cookies in the strict sense of the word, our Websites may also 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.
On occasion, we may also personalize and customize our Websites for certain visitors. If you visit one of these Websites, 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 further information about the Cookies we use in our Websites please refer to our Cookie Notice here.
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 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.
If you are located in California, the following provisions apply to any Personal Data we collect about you.
The categories of personal information collected may be the following:
You may find the purposes for which we shall use your information in the chapter titled “How do we use your Personal Data and on what legal bases?”.
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 “How do we use your Personal Data and on what legal bases?”.
You may find the categories of third parties with whom Avature shares personal information in the chapter titled “How do we disclose your Personal Data and with whom?”.
You may have the right to ask Avature to:
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.
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:
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 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.
Our Data Protection Officer may also be contacted at the e-mail address above.
If you prefer to send us a letter, you may do so to the addresses provided for each of Avature affiliates here.