Effective: May 24, 2018
A. GENERAL INFORMATION
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.
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’).
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 firstname.lastname@example.org.
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 email@example.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.
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.
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.
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 firstname.lastname@example.org or contact Avolution at the address set out under “Contact us” above.
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.
D. WHERE AVOLUTION USES PERSONAL DATA FROM YOUR USE OF SERVICES
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
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
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.