1. Our Collection of your Information
The information we collect may include your personal information, such as your name, contact information, IP addresses, product and service selections and other things that identify you. We collect personal information from you at several different points, including but not limited to the following:
- when we correspond with you as a customer or prospective customer;
- when you visit our website or use the Platform;
- when you use our software or services;
- when you register as an end-user of our services and an account is created for you;
- when you contact us for help;
- when you attend our customer conferences or webinars; and
- when the websites or mobile apps send us error reports or application analytics data.
2. Our Use of your Personal Information
Our Company may use information that we collect about you to:
- deliver the products and services that you have requested;
- manage your customer relationship and provide you with customer support;
- perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;
- communicate with you by email, postal mail, telephone or mobile devices about products or services that may be of interest to you either from us, or other third parties;
- develop and display content and advertising tailored to your interests on our websites or mobile apps;
- verify your eligibility and deliver prizes in connection with promotions;
- enforce our terms and conditions;
- manage our business, and
- perform functions as otherwise described to you at the time of collection.
3. Our Disclosure of your Personal Information to Third Parties
- we may provide your information to affiliated entities within our corporate group, as well as with vendors who perform functions on our behalf; such parties provide hosting and maintenance services, virtual infrastructure, payment processing, analysis and other services for us;
- third party contractors may have access to our databases. Usually these contractors sign a standard confidentiality agreement;
- we may allow a potential acquirer or merger partner to review our databases, although we would restrict their use and disclosure of this data during the diligence phase;
- as required by law enforcement, government officials, or other third parties pursuant to a subpoena, court order, or other legal process or requirement applicable to our Company; or when we believe, in our sole discretion, that the disclosure of personal information is necessary to prevent physical harm or financial loss; to report suspected illegal activity or to investigate violations of our agreements or Company policies; to enforce our terms and conditions, to protect the security or integrity of our products and services, and
- when you give us consent to do so.
Please note that these third parties may be in other countries where the laws on processing personal information may be less stringent than in your country.
Potential for Other Users to Contact You
To the extent that a given application supports personal messaging functionality between and among end users, you may receive personal messages from other end users. You can disable this functionality by using the unsubscribe and other disabling instructions in the given application.
4. Our Security Measures to Protect your Personal Information
Our Company uses industry-standard technologies when transferring and receiving data exchanged between our Company and other companies to help ensure its security. This site has security measures in place to help protect information under our control from the risk of accidental or unlawful destruction or accidental loss, alteration or unauthorized disclosure or access. However, “perfect security” does not exist on the Internet. Also, if this website contains links to other sites, our Company is not responsible for the security practices or the content of such sites.
- Web Beacons. Our Company and third parties may also use small pieces of code called “web beacons” or “clear gifs” to collect anonymous and aggregate advertising metrics, such as counting page views, promotion views, or advertising responses. These “web beacons” may be used to deliver cookies that conform to our Company’s cookie requirements.
- Website Links. We may create links to other websites. We will make a reasonable effort to link only to sites that meet similar standards for maintaining each individual’s right to privacy. However, many other sites that are not associated with or authorized by our Company may have links leading to our site. Our Company cannot control these links and we are not responsible for any content appearing on these sites. Since this website does not control the privacy policies of third parties, you are subject to the privacy practices of that third party. We encourage you to ask questions before you disclose any personal information to others.
6. Legal Basis for Processing your Personal Data (EEA, UK and Switzerland only)
With respect to personal data collected from individuals from the European Economic Area, United Kingdom (“UK”) or Switzerland, our legal basis for collecting and using the personal data will depend on the personal data concerned and the specific context in which we collect it. Our Company will generally collect personal data from you only where: (a) we have your consent to do so, (b) where we need the personal data to perform a contract with you (e.g. to deliver the services you have requested), or (c) where the processing is in our or a third party’s legitimate interests (and not overridden by your data protection interests or fundamental rights and freedoms).
7. Limiting Use, Disclosure, Retention
Whenever applicable, our Company identifies the purposes for which the information is being collected before or at the time of collection. The collection of your personal data will be limited to that which is needed for the purposes identified by our Company. Unless you consent, or we are required by law, we will only use the personal data for the purposes for which it was collected. If our Company will be processing your personal data for another purpose later on, our Company will seek your further legal permission or consent; except where the other purpose is compatible with the original purpose. We will keep your personal data only as long as required to serve those purposes. We will also retain and use your personal data for as long as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
8. International Transfers of your Personal data
We are a global company. Information about you may be stored and processed in the European Economic Area, the United States or any other country in which our Company or agents or contractors maintain facilities, and by accessing our websites and using our mobile apps, software and services, you consent to the transfer of your information outside of your country. Such countries may have laws which are different, and potentially not as protective, as the laws of your own country.
Whenever we share personal data originating in the European Economic Area, United Kingdom or Switzerland, we will rely on lawful measures to transfer that data, such as the Privacy Shield or the EU standard contractual clauses. If you reside in the EEA, UK or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your personal data to the United States and other jurisdictions in which we operate. By providing your personal data, you consent to any transfer and processing in accordance with this Policy.
9. Accuracy of Personal data
We do our best to ensure that the personal data we hold and use is accurate. We rely on the customers we do business with to disclose to us all relevant information and to inform us of any changes.
10. Your Access to and Updating of your Personal data
Reasonable access to your personal data may be provided upon request made to our Company at the contact information provided below. If access cannot be provided within that time frame, our Company will provide the requesting party a date when the information will be provided. If for some reason access is denied, we will provide an explanation as to why access has been denied. We may charge a reasonable fee in advance for copying and sending the information requested.
If you would like us to delete any personal Data held about you, we will do so on request unless we need to hold the information as part of the provision of products and services to you.
11. Marketing Communications
We offer those who provide personal contact information a means to choose how we use the information provided. You may manage your receipt of marketing and non- transactional communications by clicking on the “unsubscribe” link located on the bottom of our marketing emails.
12. Additional Rights (EEA, UK and Switzerland only)
If you reside in the European Economic Area, UK or Switzerland, you may have the right to exercise additional rights available to you under applicable laws, including:
- Right of erasure. You may have a broader right to erasure of personal data that we hold about you. For example, if it is no longer necessary in relation to the purposes for which it was originally collected. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations, among other things.
- Right to object to processing. You may have the right to request that we stop processing your personal data or to stop sending you marketing communications.
- Right to restrict processing. You may have the right to request that we restrict processing of your personal data in certain circumstances. For example, where you believe that the personal data we hold about you is inaccurate or unlawfully held.
- Right to data portability: In certain circumstances, you may have the right to be provided with your personal data in a structured, machine readable and commonly used format and to request that we transfer the personal data to another data controller without hindrance.
If you would like to exercise any of the above rights, please contact our support team or contact our Data Protection Officer (see our contact details in Section 17 below). We will consider your request in accordance with applicable laws. To protect your privacy and security, we may take steps to verify your identity before complying with the request.
You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. If you need further assistance regarding your rights, please contact us using the contact information provided below and we will consider your request in accordance with applicable law. In some cases, our ability to uphold these rights for you may depend upon our obligations to process personal data for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.
13. Notice to End Users
Most of our services are intended for use by organizations. Where the services are made available to you through an organization (e.g. your employer), that organization is the administrator of the services and is responsible for the accounts and/or service over which it has control. Please direct your data privacy questions to your administrator, as your use of the services is subject to that organization’s policies. We are not responsible for the privacy or security practices of an administrator’s organization, which may be different than this policy.
Administrators may be able to:
- help you exercise the rights described in Section 12 (if applicable);
- allow you to reset your account password;
- restrict, suspend or terminate your access to the services;
- access information in and about your account;
- access or retain information stored as part of your account;
- change your information, including profile information associated with your account; and
- allow you or restrict your ability to edit, restrict, modify or delete information.
Please contact your organization or refer to your administrator’s organizational policies for more information.
14. Children’s Privacy
Because of the nature of our business, our services are not designed to appeal to minors. We do not knowingly attempt to solicit or receive any information from anyone under the age of 13. If you are a parent or guardian and you are aware that your child has provided us with personal data, please contact us immediately.
15. Your California Privacy Rights (United States only)
Our Company does not currently respond to browser “Do Not Track” (DNT) signals or other mechanisms. Third parties may collect personal data about your online activities over time and across sites when you visit the Site or use the Service.
If you are a California resident, California Civil Code Section 1798.83 permits you to request certain information regarding our disclosure of personal data to third parties for the third parties’ direct marketing purposes. To make such a request, please contact us by sending an e-mail to [email protected]
Our site, products, and services are not intended to appeal to minors. However, if you are a California resident under the age of 18, and a registered user of our Site or Service, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an email with a detailed description of the specific content or information to [email protected]
Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
Under California law, California residents who have an established business relationship with us may opt-out of our disclosing personal data about them to third parties for their marketing purposes.
17. Contacting Us
FOR EEA, UK AND SWISS INDIVIDUALS: PRIVACY SHIELD NOTICE FOR PERSONAL DATA TRANSFERS TO THE UNITED STATES
“Personal Data” means information that (1) is transferred from the EEA, UK or Switzerland to the United States; (2) is recorded in any form; (3) is about or pertains to a specific individual; and (4) can be linked to that individual.
“Sensitive Personal Information” means personal information that reveals race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, trade union membership or that concerns an individual’s health.
Avolin LLC may receive Personal Data from its own personnel as well as from its affiliates, resellers, customers, end-users and other parties located in the EEA, UK or Switzerland.
Avolin LLC is the controller of its own human resources data. In addition, Avolin LLC acting as a data processor or sub-processor may receive Personal Data via its customers. Avolin LLC executes data processing agreements with such customers which set out the parties’ obligations and responsibilities to comply with the Principles. Avolin LLC will cooperate with its customers to enable them to comply with the Principles.
Whenever Avolin LLC processes Personal Data, Avolin LLCLLC complies with the Principles (as each Principle is applicable to Avolin LLC’s role):
- Choice. Whenever Avolin LLC collects Personal Data directly from individuals, those individuals have the opportunity to choose (opt out) whether their Personal Data is (1) to be disclosed to a non-agent third party or (2) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual by contacting our Data Protection Officer via email at [email protected] In some of these cases, opting out may require Avolin LLC to cease providing part or all of the contracted services for which that Personal Data is needed. For Sensitive Personal Information, Avolin LLC will give individuals the opportunity to affirmatively or explicitly (opt in) consent to the disclosure of the information to a non-Agent third party or the use of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. Avolin LLC shall treat Sensitive Personal Information received from an individual the same as the individual would treat and identify it as Sensitive Personal Information. Agents, technology vendors and contractors of Avolin LLC or affiliated companies may have access to an individual’s Personal Data on a need to know basis for the purpose of performing services on behalf of Avolin LLC or providing or enabling elements of the services. All such agents, technology vendors and contractors who have access to such information are contractually required to keep the information confidential and not use it for any other purpose than to carry out the services they are performing for Avolin LLC or as otherwise required by law.
- Accountability for Onward Transfer. Whenever Avolin LLC collects Personal Data directly from individuals, prior to disclosing Personal Data to a third party, it shall notify the individual of such disclosure and allow the individual the choice (opt out) of such disclosure. Avolin LLC shall ensure that any third party to which Personal Data may be disclosed agrees in writing to provide the same level of privacy protection as set forth in this policy. Avolin LLC’s accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Avolin LLC remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless Avolin LLC proves that it is not responsible for the event giving rise to the damage.
- Data Security. Avolin LLC shall take reasonable steps to protect the Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction. Avolin LLC has put in place appropriate physical, electronic and managerial procedures to safeguard and secure the Personal Data from loss, misuse, unauthorized access or disclosure, alteration or destruction. However, Avolin LLC cannot guarantee the security of Personal Data on or transmitted via the Internet.
- Data Integrity and Purpose Limitation. Avolin LLC shall only process Personal Data in a way that is compatible with and relevant for the purpose for which it was collected or authorized by the individual. To the extent necessary for those purposes, Avolin LLC shall take reasonable steps to ensure that Personal Data is accurate, complete, current and reliable for its intended use.
- Access. Avolin LLC acknowledges the individual’s right to access their Personal Data. Avolin LLC shall allow an individual access to their Personal Data and allow the individual the opportunity to correct, amend or delete information that is inaccurate or has been processed in violation of the Principles, except where the burden or expense of providing access would be disproportionate to the risks to the privacy of the individual in the case in question or where the rights of persons other than the individual would be violated. Individuals may contact our Data Protection Officer via email at [email protected] to request to access, correct, amend, or delete the personal information Avolin LLC holds about you. In cases where Avolin LLC is a Data Sub-Processor or Processor, individuals must contact the Data Processor or the Data Controller, as applicable.
- Enforcement and Dispute Resolution. With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Avolin LLC is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In compliance with the Privacy Shield Principles, Avolin LLC commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. EEA, UK and Swiss individuals with Privacy Shield inquiries or complaints should first contact us at:Avolin LLC
Data Protection Officer
401 Congress Avenue, Suite 2650
Austin Texas 78701 USA
E-mail: [email protected]
- Human Resources Data. If your complaint involves human resources data transferred to the United States from the EEA, UK or Switzerland in the context of the employment relationship, and Avolin LLC does not address it satisfactorily, Avolin LLC commits to cooperate with the panel established by the data protection authorities (DPA Panel) and the Swiss Federal Data Protection and Information Commissioner, as applicable and to comply with the advice given by the DPA panel and Commissioner, as applicable with regard to such human resources data. To pursue an unresolved human resources complaint, you should contact the state or national data protection or labor authority in the appropriate jurisdiction. Complaints related to human resources data should not be addressed to the BBB EU PRIVACY SHIELD.
- Non-Human Resources Data. Avolin LLC has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.
If your Privacy Shield complaint was not resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction
This Privacy Statement may be amended from time to time consistent with the requirements of the Shield Frameworks. Any revised policy will be posted on this website.
D) Information Subject to Other Policies
Avolin LLC is committed to following the Principles for all Personal Data within the scope of the Privacy Shield Frameworks. However, certain information is subject to policies of Avolin LLC that may differ in some respects from the general policies set forth in this Privacy Statement.
Last Updated: May 2020