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Avature

( Last update: 9 August 2023 )

Scope of this Privacy Notice

This Privacy Notice describes how Avature collects and processes your Personal Data when you join our Talent Community and submit personal information to us via our portal, websites or other recruitment mediums, whether online or offline in relation to job vacancies promoted by Avature.
A reference to “Avature”, we” or “us” is a reference to the relevant Avature affiliate to which you will apply. A list of Avature’s affiliates can be found in here .
For the purposes of this notice, “Personal Data” means any information relating to an identified or identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

What Personal Data do we collect?

We will collect Personal Data about you from a variety of sources, including information we collect from you directly (e.g. when you apply for a particular job vacancy), and information we collect about you from other sources, as described below.
Please bear in mind that certain Personal Data, marked as compulsory when collected, is required in order for us to evaluate your application, and thus, we will not be able to continue the recruitment process in those cases where such compulsory data is not provided correctly.

  1. Personal Data we collect directly from you

    1. Personal details (e.g. first, last name, country, state and city of residence);
    2. Contact details (e.g. phone number and e-mail address);
    3. Work and work history (e.g. current position, title, location and company and work history salary plan, pay grade or level);
    4. Right to work/immigration data (e.g. citizenship, details of residency or work permit);
    5. Talent, recruitment and application details, education and training details (e.g. details contained in letters of application and resume/CV, personal website or LinkedIn profile directly provided by you, previous employment background and references, education history, professional qualifications, language and other relevant skills details on performance management ratings, development plan and willingness to relocate);
    6. Personal Data about you, as derived from your participation in our recruitment process such as, for example, those obtained during the personal interviews we carry out and the emails we exchange with you regarding your application or the conversations;
    7. Audio and visual information, such as your voice and likeness as captured in photographs, video or audio recordings if you participate in a phone or video interview, or if you visit our offices; and
    8. Any other personal information that you voluntarily choose to provide to us.

  2. Personal Data we collect from other sources

    1. Background / employment check or identity verification service providers. We perform background checks for all new employees prior to their start date. These checks include, depending on the applicable local regulations, checking your academic history, current address, national ID card or other Government issued ID, Social Security number, work permit, criminal background check, credit check and medical exams. Please note that these last checks involving criminal, administrative offences or sensitive information will only be carried out for employees in the jurisdictions where it is legally permitted (not in the EU);
    2. Employment agencies and outsourcing or recruitment agencies (for example, when a recruitment agency identifies you as a potential candidate);
    3. Universities with whom we have an arrangement in place (e.g. by accessing their job boards or through events organized by them such as job fairs, workshops or similar).
    4. Publicly available sources such as professional social networks (e.g. LinkedIn,GitHub), Google or other search engines or your current employer’s website. Only professional-related information relevant to the specific job vacancy being assessed will be processed; and
    5. By reference or word of mouth (e.g. through a referral from a current or former employee). For referrals, the person who is referring you will be responsible for obtaining your consent to provide us with your Personal Data.

  3. Special categories of Personal Data

Some of the categories of information that we collect are considered to be special categories of Personal Data (also known as sensitive personal data). In particular, we will process (i) health data about you in order to carry out pre-employment medical exams to determine your ability to carry out the activities related to the job position you are being considered for (only in Argentina); (ii) data relating to criminal and administrative offences for carrying out pre-employment background checks as mentioned above (regarding individuals outside the EU only); (iii) your gender, race and veteran status for the purposes of carrying out our obligations or exercise of specific rights according to legal and regulatory requirements such as for equal opportunity monitoring (only in the US) and (iv) existence of any disabilities acknowledged by the authorities, for the purposes of complying with applicable law (only in Spain).

How do we use your Personal Data and on what legal bases?

We use and subsequently process Personal Data we collect about you on the following legal bases, and for the purposes identified below:

  1. We will process your Personal Data in order to take steps at your request prior to entering into a contract with us, for the following purposes:
    • To evaluate your application in relation to a particular job vacancy and make hiring decisions;
    • Communicate with you and to inform you about the recruitment and / or your application (s) or any other required communications; and
    • Any other processing that may be required from our side in order to manage your application.

Please bear in mind that as already stated above, if you do not provide Personal Data marked as compulsory when collected, we may not be able to continue the recruitment process.

  1. We will process your Personal Data on the basis of our legitimate interest, for the following purposes:
    • To offer you (by electronic or non-electronic means) the possibility of joining our Talent Community when you have previously showed interest on working with Avature (e.g. via university fairs or similar events). We will only contact you once for these purposes (unless you give your consent to joining our Talent Community to further receive communications from us in line with what is explained in section c below);
    • To carry out aggregated segmentations, statistics and analysis regarding candidate’s activity data (i.e. for projection of the interview processes, candidate sources, etc.) provided we have a legitimate interest in improving our hiring process.
    • To carry out the disclosures of your Personal Data further specified in section “How do we disclose your Personal Data and with whom?” below when those do not specify another applicable lawful basis or do not require one at all (i.e. disclosures to service providers acting as processors).

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.

  1. We process your Personal Data for the following purposes, provided you have granted your prior consent:
    • To make you part of our Talent Community; which means that (i) we will consider you for future job opportunities and job vacancies for any Avature affiliates; and (ii) send you job recommendations or other information that may be of interest for you such as Avature’s news, webinars and events.
    • For any other purpose disclosed to you at the time you provide us with your Personal Data, to the extent that you have granted us your prior consent to that particular processing.
  2. 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).

How do we disclose your Personal Data and with whom?

Avature will disclose your Personal Data to third parties under the following circumstances:

  1. Other members of the Avature Group. Avature works closely with other businesses and companies that fall under the Avature group family. We will share certain information about you with other Avature group companies, on the basis of our legitimate interest, for internal administrative purposes and insofar it is reasonably necessary for the purposes stated in this Privacy Notice. You may find a list of Avature entities here.
  2. Service providers. We will allow our service providers (such as those that provide us with hosting services) to access to your Personal Data in order to carry out the data processing activities for the purposes described in this Privacy Notice. Before any access is granted to such third parties, we enter into written agreements which require them to refrain from making any unauthorized disclosures of the Personal Data, to use such data only for the purposes of providing the specific services and according to the instructions received from Avature, to only retain the Personal Data as required to fulfill such purposes of protecting our interests, and to have in place adequate and appropriate security measures.
    Additionally, on the basis of our legitimate interest, we may disclose your Personal Data to third parties pursuant to our good faith belief that disclosure is necessary for 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.
  3. Asset purchasers. We will also, on the basis of our legitimate interest, 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.
  4. 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 notice, Avature will take reasonable steps to prevent or stop the use or disclosure.

Our worldwide practices and international transfers of data

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 EU that are not regarded as providing an adequate level of protection of the Personal Data. In any event, Avature has certified itself under the Data Privacy Framework to allow lawful transfers of Personal Data to the United States of America.
We have also put in place additional 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 .

Data Privacy Framework

Avature complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and, as applicable the UK Extension to the EU-U.S. DPF, and/or Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data transferred from the European Union, the United Kingdom, Gibraltar, and/or Switzerland to the United States, respectively. The Data Privacy Framework list of adhered members may be accessed here. Avature has certified to the Department of Commerce that it adheres to the Data Privacy Framework Principles with respect to such information. If there is any conflict between the terms in this privacy policy and the Data Privacy Framework Principles, the Data Privacy Framework Principles shall govern. To learn more about the Data Privacy Framework program, and to view our certification, please visit the Data Privacy Framework website at https://www.dataprivacyframework.gov/. You may also contact us directly at (+1) 212-380-4160 ext 6579 to learn more about this certification.

With respect to Personal Data received or transferred pursuant to the Data Privacy Framework, Avature is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In some cases, Avature copyright 2023 | v2.0 6 Avature is potentially liable if its agents process your Personal Data in a manner that is inconsistent with the Data Privacy Framework Principles, including in cases of onward transfers to third parties. Avature may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Avature has further committed to cooperate with EU data protection authorities (DPAs), with the UK Information Commissioner’s Office (ICO) (and the Gibraltar Regulatory Authority (GRA) and with the Swiss Federal Data Protection and Information Commissioner, with regard to unresolved Data Privacy Framework complaints concerning Personal Data transferred from the EU, UK (and Gibraltar) 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, the GRA 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, GRA 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 Data Privacy Framework website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

For how long we store your Personal Data?

We will keep your Personal Data for a period of 1 year, unless you become a member of our Talent Community, in which case, we will keep your Personal Data for as long as you are still an active member of such community. 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.

What rights do you have over your Personal Data?

You have certain data protection rights regarding your Personal Data. Including the following rights:

  1. To know how Avature processes your Personal Data and to access to the Personal Data we hold about you;
  2. To request the rectification of inaccurate or incomplete Personal Data;
  3. 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;
  4. 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);
  5. 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);
  6. 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;
  7. To withdraw the consent, you may have granted to a specific processing, at any time; and
  8. 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 to privacyofficer@avature.net.

How do we protect your Personal Data?

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.

Data Security

Avature has global hosting centers that store and process Personal Data in the United States. Avature takes reasonable precautions to protect Personal Data in these data centers from loss, misuse and unauthorized access, disclosure, alteration, and destruction.

Data Integrity

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.

Enforcement

Avature will conduct compliance audits of its relevant privacy practices to verify adherence to this Privacy Notice. Any employee that Avature determines is in violation of this Privacy Notice 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 collection, use and disclosure of Personal Data in accordance with the principles contained in this Privacy Notice.

Questions

Avature will investigate and attempt to resolve complaints and disputes regarding collection, use and disclosure of Personal Data in accordance with this Privacy Policy. If you have any questions or comments about this Privacy Notice, including inquires or concerns regarding our Data Privacy Framework policy, or if you would like to exercise your rights with regard to the Personal Data that we maintain about you, please contact us through the following form or at our email:privacyofficer@avature.net.
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 Avature Spain, S.L.U and Avature S.R.L. in the link included at the beginning of this Privacy Notice.

Changes to this Privacy Notice

This Privacy Notice may be amended from time to time, consistent with the requirements of applicable data protection legislation.

If we change this Privacy Notice, we will notify you of the changes. Where changes to the Privacy Notice will have a fundamental impact on the nature of the processing or otherwise have a substantial impact on you, we will give you sufficient advance notice so that you have the opportunity to exercise your rights (e.g. among other, to object to the processing). Moreover, and to the extent that Avature relies on consent for the performance of any of its processing activities, we will make sure to request your consent where the aforementioned changes may have a substantial impact on the relevant processing before these changes are made effective.