EU Safe Harbor Privacy Statement
Avature USA has certified its adherence to the U.S. Department of Commerce's Safe Harbor Principles in connection with the U.S. implementation of the European Union Data Protection Directive. For more information about the Safe Harbor Privacy Principles and to view the certification for Avature USA, LLC, visit the U.S. Department of Commerce's Safe Harbor web site at www.export.gov/safeharbor. You may also contact us directly at 212-380-4160 ext 338 to learn more about this certification.
DEFINITIONS
For purposes of this Policy, the following definitions shall apply to information:
"Personal information" means any information or set of information that identifies or is used by or on behalf of the Company to identify an individual. Personal information does not include information that is encoded or made anonymous, or publicly available information that has not been combined with non-public personal information.
"Sensitive personal information" means personal information that reveals race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, or trade union membership, or that concerns an individual's health. In addition, the Company will treat as sensitive personal information any information received from a third party where that third party treats and identifies the information as sensitive.
DESCRIPTION OF BUSINESS ACTIVITY
Avature operates in two distinct ways in the EU: as a computer services provider of recruiting systems and/or as an employment service provider.
Provider of Computer Services
Avature is an application service provider for our corporate customers who upload their staffing data (including personal information of prospective job candidates and employees) to the Avature-hosted environment. This data may be transferred to or stored in the US. 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 information.
Provider of Employment Services
Avature performs recruitment and staffing activities on behalf of corporate customers. Individuals involved in these recruitment and staffing activities interact directly with Avature staff. Personal data collected may be used for providing employment and career development services to individuals and providing staffing services to customers and partners. These data may be transferred to or stored in the U.S. in support of the company's staffing and employment services, regulatory, marketing, sales, financial, legal and other business activities. Avature does not sell the personal information it collects from this business activity.
CATEGORIES OF INDIVIDUAL DATA SUBJECTS
In general, Avature may retain EU Personal Data in the United States about several different types of individuals, including (i) website visitors, (ii) clients, suppliers, and business partners, (iii) candidates for employment with us or our clients, and (iv) Avature’s own employees. Avature’s practices with respect to each of these types of individual data subjects are described below.
WEBSITE VISITORS
Avature generally collects, uses, and discloses information about website visitors located in the EU in accordance with the Website Privacy Policy http://www.avaturecrm.com/en/privacy-policy/
CLIENTS, SUPPLIERS, AND BUSINESS PARTNERS
Avature may obtain various types of EU Personal Data about employees and agents of our clients, suppliers, and business partners. 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
Avature may use these types of EU Personal Data for business purposes, including delivering products or services; establishing or maintaining client and business relationships; providing access to Internet-based activities; performing accounting functions; and conduction other activities as necessary or appropriate in connection with the servicing and development of the business relationship.
Employees and agents of our clients, business partners, and suppliers may contact us if any of their EU Personal Data changes, or if they would like to access and correct EU Personal Data that we maintain about them. In any event, such persons can also contact us by sending an email to Avature Privacy Office, or by using the information at the end of this privacy statement.
CANDIDATES FOR EMPLOYMENT WITH CLIENTS
Avature provides a wide variety of services and solutions to its business clients (“Clients”) that facilitate the selection, hiring, and internal mobility of individual candidates for specific employment (“Candidates”). In some instances, Avature may obtain access to EU Personal Data about such Candidates in the course of providing the services and solutions. In other specific instances, Avature may also obtain access to data about our Clients’ existing employees or end users in the course of providing support services to the Clients (“End Users”). Such data may include contact details, work history, educational history, work preferences, and other information, depending on the particular Client and application at issue.
END USERS OF AVATURES’ HOSTED SOFTWARE SERVICE
In cases where we are acting as a mere data processor on behalf of our Clients, such as when we act as an application service provider that delivers Human Resources software, we conduct such activities strictly in accordance with our client’s instructions and pursuant to our contractual arrangements with them. In this instance, the software would be clearly identified as belonging to our client and would be branded with their logos and company information. If you are a Candidate for employment with one of our Clients through this software, or an End User of this software with an existing relationship with one of our Clients, you should refer to the Client’s website or human resources manager to understand the privacy practices that apply to EU Personal Data that we may maintain about you. Moreover, if you would like to access, review, or delete your EU Personal Data, you should contact our Client (your potential or existing employer) with any such requests. We will cooperate as appropriate with requests from our Clients to assist with such responses.
CANDIDATES FOR EMPLOYMENT THROUGH AVATURES’ RECRUITING SERVICES
In cases where we are not acting as a mere data processor, but are directly contacting you regarding employment opportunities as a human resources service provider, or when we are contacting you directly for employment at Avature, our goal in collecting your personal data is to deliver leading staffing and employment services and, hence, a better service to you. We ask applicants for their names, addresses, and other personal information such as work experience, education, and skills. When hiring employees, we may also request personal information 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 information you are required to supply will normally be limited to only that which is necessary to supply our services. If you would like to access, review, or delete your EU Personal Data, you should contact us directly with any such requests.
AVATURE EMPLOYEES
Avature employees located in the European Union should consult with their local human resources manager to obtain information about Avature’s practices with respect their EU Personal Data. Online job applicants to Avature should also consult any additional terms that apply when they submit their applications and/or resumes.
TRANSFERS TO THIRD PARTIES
Avature may disclose EU Personal Data to business partners and subcontractors as necessary in connection with the performance of requested services or solutions, or as otherwise appropriate in connection with a legitimate business need. Avature may also disclose EU 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 EU Safe Harbor, or otherwise take steps to ensure that the EU Personal Data is appropriately protected. Avature may also disclose EU Personal Data where required or permitted by law, or where Avature believes that such disclosures are appropriate in connection with a law enforcement request. Where the Company becomes aware that a third party is using or disclosing personal information in a manner contrary to this Policy, the Company will take reasonable steps to prevent or stop the use or disclosure.
DATA SECURITY AND INTEGRITY
Avature has global hosting centers that store and process EU Personal Data in New York and Oregon. Avature takes reasonable precautions to protect EU Personal Data in these centers and in other locations in the United States from loss, misuse and unauthorized access, disclosure, alteration, and destruction. Avature also makes reasonable efforts to keep EU Personal Data reliable for its intended use, accurate, current, and complete.
ENFORCEMENT
The Company will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that the Company determines is in violation of this policy will be subject to disciplinary action up to and including termination of employment.
DISPUTE RESOLUTION
Avature will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Policy. For complaints that cannot be resolved between the Company and the complainant, the Company has agreed to participate in the dispute resolution procedures of the panel established by the European data protection authorities to resolve disputes pursuant to the Safe Harbor Principles.
LIMITATION ON APPLICATION OF PRINCIPLES
Adherence by the Company to these Safe Harbor Principles may be limited (a) to the extent required to respond to a legal or ethical obligation; and (b) to the extent expressly permitted by an applicable law, rule or regulation.
QUESTIONS
If you have any questions about this EU Safe Harbor Privacy Statement, or if you would like to request access to EU Personal Data that we may maintain about you, please contact us as follows:
AVATURE USA
Attention: Legal Department / Privacy Office
48 Wall Street, 11th Floor
New York, NY 10005
United States
Phone: 212.380.4160 ext 338
Fax: 212.380.4179
Email: Avature Privacy Office
Any questions regarding this EU Safe Harbor Privacy Statement should first be directed to the Avature contact above. If you do not receive acknowledgment of your inquiry or your inquiry has not been satisfactorily addressed, you may then contact the local data protection authorities in your EU member state for further information.
CHANGES TO THIS SAFE HARBOR PRIVACY POLICY
This Policy may be amended from time to time, consistent with the requirements of the Safe Harbor Principles. A notice will be available upon request.
Last Modified: September 29, 2008
