Privacy

Avolution Privacy Policy

Effective: May 24, 2018

Avolution has created this Privacy Policy to demonstrate its firm commitment to individuals’ right to data protection and privacy. This Privacy Policy outlines our practices with regards to handling information that can be used to directly or indirectly identify an individual (“Personal Data”).

A. GENERAL INFORMATION

When does this Privacy Policy apply? This Privacy Policy applies to Personal Data that you provide to us, we otherwise obtain or which is derived from such Personal Data as further outlined below. In this Privacy Policy, references to "Avolution," “we,” “us” and “our” will mean Avolution Pty Ltd and its affiliates.  

Data Controller. The Data Controller in case of the website www.avolutionsoftware.com (“Website”) is Avolution. Where we provide the Services under contract with an entity (“Customer”), that organization is the Data Controller for the information processed by the Services.

Data Protection Officer. Please read this Privacy Policy carefully and contact our Data Protection Officer at dpo@avolutionsoftware.com if you have any questions about our Privacy Policy or your Personal Data choices.

What does Avolution do with my Personal Data? Avolution will process the Personal Data provided hereunder only as set out in this Privacy Policy and in accordance with all relevant data protection laws and regulations ("Data Protection Laws"). Where the processing of your Personal Data is based on a statutory permission, you can find information on which Personal Data Avolution is processing or using and the corresponding purposes for such processing or use in Section B. below. Where consent for the processing of your Personal Data is required, you can find further information in Section C. below. Section D. describes Avolution’s processing operations (as a data processor) with regard to Personal Data about individual users (“End Users”) of Avolution products and services (collectively, "Services"), at the direction of and on behalf of Customers. In this Privacy Policy, “Services” include Avolution’s products, services, Website community forum, other content, non-marketing related newsletters, whitepapers, tutorials, online courses, training and events. Section E. provides further information about transfers of Personal Data outside of the European Economic Area (“EEA”).

Duration of processing of Personal Data. Notwithstanding those instances where your Personal Data is processed or used by Avolution based on a statutory permission (see Section B. below) or your consent (see Section C. below), Avolution will only store your Personal Data (i) for as long as it is required to fulfil the purposes set out below, (ii) until you object to Avolution’s use of your Personal Data (if Avolution uses your Personal Data based on legitimate interest), or (iii) until you

withdraw your consent (if Avolution uses your Personal Data based on your consent). However, where Avolution is required by law to retain your Personal Data longer or where your Personal Data is required for Avolution to assert or defend against legal claims, Avolution will retain your Personal Data until the end of the relevant retention period or the settlement of the claims in question.

Why am I required to provide Personal Data? As a general principle, granting of any consent and the provision of any Personal Data hereunder is entirely voluntary by you. However, there are circumstances where Avolution cannot take action without certain Personal Data (e.g., because Personal Data is required to provide the Services you have purchased, process your orders or provide you with access to a trial offering or ‘white paper’).

Where will my Personal Data be processed? Avolution has affiliates and third-party service providers in a number of countries. As a consequence, whenever Avolution is using or otherwise processing your Personal Data for the purposes set out in this Privacy Policy, Avolution may transfer your Personal Data to countries outside of the country of origin of such Personal Data, including to such countries where a statutory level of data protection applies that is not comparable to the level of data protection within the Personal Data's country of origin, as may be further described in this Privacy Policy under Section E.

Data Subjects’ rights. You can request from Avolution at any time information about which Personal Data Avolution processes about you and the correction or deletion of such Personal Data.  Notwithstanding your request, Avolution may retain your Personal Data if there is a statutory obligation or prevailing right of Avolution to retain it. Kindly note that if you request the deletion of your Personal Data from Avolution, you will not be able to further use such Avolution Services which require Avolution’s use of your Personal Data.

If Avolution uses your Personal Data based on your consent or to perform contractual Services for you, you may further request from Avolution a copy of the Personal Data that you have provided to Avolution.  To make such a request, please contact the email address below and specify the information or processing activities to which your request relates, and whether the Personal Data shall be provided to you or another recipient. Avolution will carefully review your request and discuss with you how it can be best implemented.

Furthermore, you can request to Avolution that Avolution restricts your Personal Data from any further processing in any of the following events: (i) you state that your Personal Data that Avolution has is incorrect, for as long as Avolution requires to check the accuracy of the relevant Personal Data, (ii) there is no legal basis for Avolution’s processing of your Personal Data and you demand that Avolution restricts your Personal Data from further processing, (iii) Avolution no longer requires your Personal Data, but you claim that you require such data in order to claim or exercise legal rights or to defend against third party claims, or (iv) in case you object to the processing of your Personal Data by Avolution for as long as it is required to review as to whether Avolution has a prevailing interest or legal obligation in processing your Personal Data. 

Please direct any such request to privacy@avolutionsoftware.com.

Right to lodge a complaint. If you believe that Avolution is not processing your Personal Data in accordance with the requirements set out herein or applicable Data Protection Laws, you can at any time lodge a complaint with the data protection authority of the country where you live.

Use of this Website by children. The Website is not directed toward individuals under the age of eighteen (18), and we request that such individuals do not provide Personal Data through our Website. Additionally, we do not knowingly collect or maintain Personal Data from anyone under the age of 18, unless or except as permitted by law. If we learn that Personal Data has been collected from a person under 18 years of age on or through the Website, then we will take the appropriate steps to cause this information to be deleted. If you are the parent or legal guardian of a person under 18 who has registered on the Website or you believe has otherwise provided Personal Data to Avolution, please contact Avolution at privacy@avolutionsoftware.com to have that person’s account terminated and information deleted.

Links to other websites. This Website may contain links to websites operated by third parties. Avolution is not responsible for the privacy practices, data protection, security, data or other content of such other websites. We encourage you to learn about such third parties’ privacy and security policies before providing them with Personal Data.

Security. Avolution is committed to protecting the Personal Data you share with us. Avolution uses a combination of industry-standard security technologies, procedures, and organizational measures to help protect your Personal Data from unauthorized access, use or disclosure. Our employees and data processors are bound by obligations to observe your privacy and confidentiality rights.

Updates to this Privacy Policy. We may occasionally update this Privacy Policy. If we do, we will change the “Effective” date at the top of the Privacy Policy. Before making any update that would make this Privacy Policy materially less restrictive in our use or disclosure of Personal Data collected prior to the update, we will use commercially reasonable efforts to provide prior notice of the update by posting notice on our Website at the top of the then-current Privacy Policy at least 30 calendar days before the effective date of the update. We encourage you to periodically review this Privacy Policy to stay informed about our collection, use, retention and disclosure of Personal Data.

Your continued use of our Website constitutes your agreement to our then-current Privacy Policy. If you do not agree with this Privacy Policy, do not access or use our Services or interact with any other aspect of Avolution's business.

Contact us. If you have questions about this Privacy Policy, you may contact us at privacy@avolutionsoftware.com. You may also contact us at:

EMEA Region: Avolution (UK) Limited: 154 - 160 Fleet Street, London EC4A 2DQ, United Kingdom
Ph : +44 (0) 20 3176 0000

AMER Region: Avolution Inc.: 13800 Coppermine Road, Herndon, Virginia 20171, USA
Ph : +1 703 988 6282

APAC Region: Avolution Pty Ltd: 110 Pacific Highway, North Sydney, NSW, 2060, Australia
Ph : +61 (0)2 8001 6219 


B. WHERE AVOLUTION USES MY PERSONAL DATA BASED ON THE LAW

In the following cases, Avolution may process your Personal Data based on a permission under applicable Data Protection Laws.

Providing the contracted Avolution Services. If you order Services from Avolution, Avolution will use the Personal Data which you enter into the Services order submission only to process your order or to provide such requested Services. This may include taking the necessary steps prior to entering into the Services contract, while provisioning the Services, providing contracted training, consulting, maintenance and support Services, and receiving from you feedback on the Services. Avolution may further collect and use Personal Data that you may provide via contact forms, e-mails, telephone, and Website inquiries, requests and submissions.

If you participate in Services demos, trials and/or training provided by Avolution, Avolution may also track your learning progress in order to make this information available to you. Furthermore, the use of your Personal Data for the above purposes also includes (i) the provision of support, maintenance and upgrades, (ii) processing and verifying of customer feedback, (iii) provisioning of Services, (iv) billing and (v) providing such other information which is required for the business relationship between you and Avolution, including responding to your inquiries as follows:

We communicate with Customers who purchase, and users who access, our Services on a regular basis via email, and occasionally by phone, to receive Customer trouble tickets, to resolve Customer issues or to investigate compliance with a Customer-Avolution contract. We may use your email address and/or IP address to onboard an account, to provision and confirm activation of Services, to send you notice of payments due, to send you information about changes to our Services, and to send notices and other disclosures as required by law and by the Customer-Avolution contract. Generally, users cannot opt-out of these communications, which are not marketing-related but are required for the relevant business relationship. With regard to marketing related types of communication (such as emails and phone calls), Avolution will (i) where legally required only provide you with such information after you have granted your opt-in, and (ii) provide you the opportunity to exercise an opt-out choice if you do not want to receive further marketing related types of communication from us, as further described below under “Updates about Avolution’s Services.

Based on Avolution’s legitimate interest. Each of the below use cases constitutes a legitimate interest of Avolution to process or use your Personal Data. In case you do not agree with this approach, you may object to Avolution’s processing or use of your Personal Data, as set out in the last paragraph of this subsection.

Compelled disclosure. We may disclose Personal Data if we have a good-faith belief that doing so is required by a subpoena or other judicial or administrative order, or as otherwise required by law. Additionally, we may: (I) disclose Personal Data where we, in good faith, deem it appropriate or necessary to prevent violation of the Customer-Avolution contract, Avolution's standard terms of service, or other agreements; (ii) take precautions against liability; (iii) protect the rights, property, or safety of Avolution, any individual, or the general public; (iv) maintain and protect the security and integrity of our Services or infrastructure; (v) protect ourselves and our Services from fraudulent, abusive, or unlawful uses; and (vi) investigate and defend ourselves against third-party claims or allegations.

Export laws. Avolution and its Services (including the technology underlying such Services) may be subject to the export laws of various countries, including without limitation, to those of Australia, the United Kingdom and the United States. Pursuant to the applicable export laws, trade sanctions and embargoes issued by any relevant country, Avolution is required to take measures to prevent entities, organizations and parties listed in government-issued sanctioned party lists from accessing certain Services through Avolution’s Website or other delivery channels controlled by Avolution. This may include (i) automated checks of any user registration data for the Services and other information a user provides about her/his identity against applicable sanctioned party lists; (ii) regular repetition of such checks whenever a sanctioned party list is updated or when a user updates her/his information; (iii) blocking of access to Avolution’s Services and systems in case of a potential match; and (iv) contacting a user to confirm her/his identity in case of a potential match.

Aggregate information and non-identifying information. Avolution may anonymize Personal Data provided under this Privacy Policy to create anonymized data sets which will then be used to improve its and the Avolution Services.

We may also share aggregated and anonymized Personal Data with Customers, prospective Customers, partners or the press in order to demonstrate usage of the Service, identify industry and advertising trends, and to generate publicity for the Avolution Services.

Information about Services. Within an existing business relationship between you and Avolution, Avolution may inform you, where permitted in accordance with applicable Data Protection Laws, about its Services (including webinars, seminars, or events) which are similar to such Services you have already purchased from Avolution. Furthermore, where you have attended a webinar, seminar, or event of Avolution or purchased Services from Avolution, Avolution may contact you for feedback regarding the improvement of the relevant webinar, seminar, event, product or service.

Transfers of Personal Data to Avolution Affiliates. We may share some or all of your Personal Data (including account data and contact data, such as name, email address, IP address and phone number) among Avolution  affiliates for the purpose of Customer support and account management. Such affiliates are bound to adhere to this Privacy Policy.

Transfers to Third Parties. We may provide Personal Data to third parties for their use in performing internal business functions (e.g., support and maintenance, security, data analysis, email transmission, CRM, database management services, email marketing, surveys, or data hosting) on our behalf. We have concluded contractual arrangements as necessary under applicable law with such third parties and require them to agree not to use your Personal Data for purposes or scope beyond those stated in this Privacy Policy and for no other purpose than to provide us with necessary services, all in accordance with Data Protection Regulations (see also below in Section E. for transfers to third parties outside of the EEA).

Personal Data Received from Third Parties. We may also obtain information, including Personal Data, from third party sources. This may include aggregated anonymous information or certain Personal Data that may be provided to us, including, but not limited to, through third-party surveys conducted on our behalf, companies that publish and disseminate press releases on our behalf, social networks providing information about our fans and followers on their platforms, and analytics from companies that perform email marketing on our behalf. If we receive Personal Data from third parties, we will handle it in accordance with this Privacy Policy. If we directly combine information from other third parties with Personal Data that we collect on the Website, we will treat the combined information as Personal Data and handle it in accordance with this Privacy Policy. Additionally, we may use any aggregated anonymous information received by third parties as set forth above in the subsection “Aggregate Information and Non-Identifying Information.

Right to object. You may object to Avolution using Personal Data for the above purposes at any time by contacting privacy@avolutionsoftware.com. If you do so, Avolution will cease using your Personal Data for the above purposes (i.e., under a legitimate interest set out above) and remove it from its systems unless such Personal Data is permitted to be used or retained by Avolution for another purpose set out in this Privacy Policy or Avolution determines and demonstrates a compelling legitimate interest to continue in processing your Personal Data. 


C. WHERE AVOLUTION USES MY PERSONAL DATA BASED ON MY CONSENT

In the following cases, Avolution will only use your Personal Data as further detailed below after you have granted your prior consent into the relevant processing operations.

Updates about Avolution’s Services. If you opted in to receive communications from us, Avolution may use your name, email, postal address, telephone number, job title and basic information about your employer (name, address and industry) as well as an interaction profile based on prior interactions with Avolution (prior purchases, participation in webinars, demos, trials or events or the use of Services) in order to send you updates regarding the Services, Website and information regarding our business, including, without, limitation, through social and professional media updates, telephone and by email. If you no longer want to receive commercial messages, you may withdraw your consent at any time with effect for the future as further described below in subsection “Withdrawal of consent.” You may also indicate your preferences regarding commercial email messages by taking the steps described in such messages, if made available.

Personal Data made publicly available. Any Personal Data that you voluntarily choose to display on any publicly available portion of any website or any portion thereof becomes publicly available and may be collected and used by us or others in accordance with applicable laws.

Forwarding your Personal Data to other Avolution affiliates. Avolution may transfer your Personal Data to Avolution affiliates, no matter where located, including Avolution affiliates located outside the EEA, for the purpose of informing you about latest products, Services offers and events. Any such use of information is based on the consent you grant hereunder.

Withdrawal of consent. You may at any time withdraw a consent granted hereunder. In case of withdrawal, Avolution will not process Personal Data subject to this consent any longer unless legally required to do so. In case Avolution is required to retain your Personal Data for legal reasons, your Personal Data will be restricted from further processing and only retained for the term required by such law. However, any withdrawal has no effect on past processing of Personal Data by Avolution up to the point in time of your withdrawal. Furthermore, if your use of an Avolution offering or Services requires your prior consent, Avolution will not be able (any longer) to provide the relevant Services, offering or event to you after your withdrawal. Please direct any such request for withdrawal to privacy@avolutionsoftware.com or contact Avolution at the address set out under “Contact us” above.

Webtracking (Cookies, Page Tags, Tracking Codes, etc.). We and our third-party agents, such as our advertising and analytics vendors, may automatically receive and record information on our server logs from your browser when you use the Website. We may use a variety of methods, including page tags, device identifiers, pixels, tracking codes, web beacons and “cookies” to collect this information (collectively, "Cookies"). The information that we may collect with these automated methods may include, for example, your IP address, a unique device or user ID, browser type, system type, the content and pages that you access on the Website, the frequency and duration of your visits to the Website, and the “referring URL” (i.e., the page from which you navigated to the Website). We may also use Cookies on the to store session validators on your hard drive.

We may use passively collected data to: (i) remember your information so that you will not have to re-enter it during your visit or the next time you visit the Website; (ii) monitor your participation in various sections of the Website; (iii) customize our offerings and Services to you; (iv) monitor aggregate Website usage metrics such as total number of visitors and pages viewed; and (v) administer, operate, and improve the Website and our other Services and systems, and to provide Services and content that are tailored to you.

You may furthermore refuse the use of Cookies by selecting the appropriate settings in your browser. Please note that settings in your browser regarding Cookies or other tracking methods are limited to the particular browser installed on a particular device and that, as a consequence, if you visit the Website with different browsers (even on one device) and/or different devices, you have to disable these tracking methods in all relevant browsers of all relevant devices. Please note that if you do this, you may not be able to use the full functionality of the Website.


D. WHERE AVOLUTION USES PERSONAL DATA FROM YOUR USE OF SERVICES

End User Customer Data. We collect, use, and retain (as a data processor) certain Personal Data at the direction and on behalf of our Customers (as the data controllers) from End Users who use the Services Customer has purchased from Avolution (“Customer Data”). Avolution has no official relationship with such End Users whose Customer Data we process on behalf of our Customers. We also do not decide how the Customers access, disclose and use such Customer Data. Avolution does not access and use the Customer Data, except as directed by our Customers, in accordance with our obligations under a Customer agreement to provide Services, this Privacy Policy or as required by applicable law.

We collect Personal Data that is passed through to Avolution or results from technical data that that may be automatically collected, both as a result of End Users use of the Services, such as an End User's submission of a Services ‘trouble ticket’ to Avolution that contains or reveals an email address and/or an IP address. We maintain no rights to use any End User Personal Data transmitted to us on Customer's behalf through the Website and/or through Avolution’s provision of Services, except to make the Services available to Customer.

Other services you may link to your Services account. We may receive information about an End User when Customer integrates or links a third-party service with the Services, including single-sign on technologies.  For example, through the use of some of those linked third-party services, we may receive an End User’s name and email address in order to authenticate you. Customer may also integrate our Services with other services Customer uses, such as to allow you to access, import, store, process, edit, display, share and transfer certain content from third-party services

and programs with our Services.   The information we receive when you link or integrate our Services with such third-party services or programs depends on the settings, permissions and privacy policy controlled by each such third-party service, as well as your own internal privacy policies. You should always check the privacy settings, policies and notices of these third-party services to understand what data may be disclosed to us or shared with our Services.

To communicate with you about the Services. We use End User contact information to send transactional communications via email, telephone and/or within the Services, including confirming Customer’s orders, reminding Customers of Services term expirations, responding to Customer comments, questions and requests, providing Customer support, providing updates to Services, and sending you technical notices, security alerts and administrative messages.  We also may provide tailored communications based on your activity and interactions with the Services.  For example, certain actions you take using the Services may automatically trigger a feature or third-party app suggestion within the Services that would make that task easier.  We also send you communications as you onboard to a particular Service to help you become more proficient in using that Service.  These communications are part of the Services and, in most cases, you cannot opt out of them.  If an opt out is available, you will find that option within the communication itself or in your account settings.

Avolution partners.  We work with a global network of partners who provide consulting, implementation, training and other services relating to our Services.  Some of these partners help us to market and promote our Services, generate leads for us, and resell our Services.  We receive information, some of which is Personal Data, from these partners, such as billing information, billing and technical contact information, End User name and email address, company name, what Services you have purchased or may be interested in, evaluation information you have provided, what events you have attended and what country you are in. We use this information to provide the Services you have purchased, including to process transactions with you, provision the Services,  authenticate you when you log in and provide Customer maintenance and support for the Services.

If you are an End User of one of our Customers, and you want to edit or delete any information captured about you, you should first contact the Customer as the data controller. If a Customer or End User restricts Avolution's ability to use or requests the deletion of Customer Data, Avolution may not be able to provide certain portions of the Services Customer has purchased.  


E. TRANSFERS OUTSIDE OF THE EEA

Whenever Avolution is using or otherwise processing your Personal Data for the purposes set out in this Privacy Policy, Avolution may transfer your Personal Data to countries outside of the EEA including to such countries where a statutory level of data protection applies that is not comparable to the level of data protection within the EEA. Whenever such transfer occurs, it is based on the Standard Contractual Clauses (depending on the type of transfer, either according to EU Commission Decision 87/2010/EC (controller-to-processor) or according to EU Commission

Decision C (2004)5721(controller-to-controller), or any future replacement) in order to contractually ensure that your Personal Data is subject to a level of data protection which applies within the EEA.


F. NON-PERSONAL DATA USES. RECRUITING PRIVACY POLICY

In addition to the other uses and disclosures of information set forth in this Privacy Policy, and notwithstanding anything in this Privacy Policy to the contrary, Avolution may use and disclosure, for any purpose, any non-Personal Data, except where we are required to do otherwise under applicable law. If we combine any non-Personal Data with Personal Data, then we will only use and disclose such combined information in accordance with this Privacy Policy, while it is so combined.

For Avolution’s privacy policies relating to the collection of Personal Data in connection with its recruiting and hiring activities, please refer to the Avolution Recruiting Privacy Policy.