Effective starting: May 25, 2018
What this policy covers
Your privacy is important to us, and so is being transparent about how we collect, use, and share information about you. This policy is intended to help you understand:
- What information we collect about you
- How we use information we collect
- How we share information we collect
- How we store and secure information we collect
- How to access and control your information
- Other important privacy information
This policy also explains your choices about how we use information about you. Your choices include how you can object to certain uses of information about you and how you can access and update certain information about you. Where we provide the Services under contract with an organization (for example your employer) that organization controls the information processed by the Services.
If you do not agree with this policy, you have the option to not access or use our Services or interact with any other aspect of our business.
What information we collect about you
We collect information about you when you provide it to us, when you use our Services, and when other sources provide it to us, as further described below.
Information you provide to us
We collect information about you when you input it into the Services or otherwise provide it directly to us.
Account and Profile Information: We collect information about you when you register for an account, create or modify your profile and set preferences. We keep track of your preferences when you select settings within the Services.
Learner Account and Profile Information: We collect information about the learner when their accounts are registered, created or modified. We do not collect learner contact details, but we do collect enough information for them to be able to use the system (firstname / lastname / profile setup). By creating an account on behalf of the learner you are stating that you are permitted to share that information with avail™.
Content you provide through our products: Through the avail system we collect content that you create, such as rich media content (images / videos / audio) that you upload or save to the avail system. This content includes any information about you that you may choose to include. We also collect assessment results as the facilitator evaluates the progress of the learner. We collect feedback you provide directly to us through the product and; we collect content using analytics techniques that hash, filter or otherwise scrub the information to exclude information that might identify you or your organization; and we collect data about how you interact with and use features in the Services.
Content you provide through our websites: The Services also include our websites owned or operated by us. We collect other content that you submit to these websites, which include social media or social networking websites operated by us. For example, you provide content to us when you provide feedback or when you participate in any interactive features, surveys, activities or events.
Information you provide through our support channels: The Services also include our customer support, where you may choose to submit information regarding a problem you are experiencing with a Service. Whether you designate yourself as a technical contact, open a support ticket, speak to one of our representatives directly or otherwise engage with our support team, you will be asked to provide contact information, a summary of the problem you are experiencing, and any other documentation, screenshots or information that would be helpful in resolving the issue.
Information we collect automatically when you use the Services
We collect information about you when you use our Services, including browsing our websites and taking certain actions within the Services.
Your use of the Services: We keep track of certain information about you when you visit and interact with any of our Services. This information includes the features you use; the links you click on; the type, size and filenames of attachments you upload to the Services; and how you interact with others on the Services. We also collect information about the managers, facilitators and learners you work, like who you collaborate with and communicate with most frequently.
Device and Connection Information: We collect information about your computer, phone, tablet, or other devices you use to access the Services. This device information includes your connection type and settings when you install, access, update, or use our Services. We also collect information through your device about your operating system, browser type, IP address. We use your IP address and/or country preference in order to approximate your location to provide you with a better Service experience.
Information we receive from other sources
We receive information about you from other Service users, from third-party services, from our related companies, and from our business and channel partners.
Other users of the Services: Other users of our Services may provide information about you when they submit content through the Services. For example, you may be mentioned in a support request issue opened by someone else. We also receive your email address from other Service users when they provide it in order to invite you to the Services. Similarly, an administrator may provide your contact information when they designate you as the billing or technical contact for your company.
Avail Support Ltd partners: We work with a global network of partners who provide consulting, implementation, training and other services around our products. Some of these partners also help us to market and promote our products, generate leads for us, and resell our products. We receive information from these partners, such as billing information, technical contact information and company name.
How we use information we collect
How we use the information we collect depends in part on which Services you use, how you use them, and any preferences you have communicated to us. Below are the specific purposes for which we use the information we collect about you.
To provide the Services and personalize your experience: We use information about you to provide the Services to you, including to process transactions with you, authenticate you when you log in, provide customer support, and operate and maintain the Services. For example, we use the username and picture you provide in your account to identify you to other Service users. Our Services also include tailored features that personalize and enhance your experience, and improve your ability to collaborate effectively with others by automatically analyzing the activities of your team to provide reporting and progress results for you and your team. We may use your email domain to infer your affiliation with a particular organization or industry to personalize the content and experience you receive on our websites.
For research and development: We are always looking for ways to make our Services and software better, more effective, smarter, faster, more secure, more integrated, and useful to you. We use collective learnings about how people use and progress using our Services and feedback provided directly to us to troubleshoot and to identify trends, usage, activity patterns and areas for integration and improvement of the Services. In some cases, we apply these learnings across our Services to improve and develop similar features or to better integrate the services you use. We also test and analyze certain new features with some users before rolling the feature out to all users.
To communicate with you about the Services: We use your contact information to send transactional communications via email and within the Services, including sending reports, reminding you of tasks and assessments expirations, responding to your comments, questions and requests, providing customer support, and sending you technical notices, updates, security alerts, and administrative messages. We also provide tailored communications based on your activity and interactions with us. For example, if you have been inactive for a certain time, we may send a reminder check-in to see how things are progressing. 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.
To market, promote and drive engagement with the Services: We use your contact information and information about how you use the Services to send promotional communications that may be of specific interest to you, including by email. These communications are aimed at driving engagement and maximizing what you get out of the Services, including information about new features, survey requests, newsletters, and events we think may be of interest to you.
Customer support: We use your information to resolve technical issues you encounter, to respond to your requests for assistance and to repair and improve the Services.
For safety and security: We use information about you and your Service use to verify accounts and activity, to monitor suspicious or fraudulent activity and to identify violations of Service policies.
To protect our legitimate business interests and legal rights: Where required by law or where we believe it is necessary to protect our legal rights, interests and the interests of others, we use information about you in connection with legal claims, compliance, regulatory, and audit functions, and disclosures in connection with the acquisition, merger or sale of a business.
With your consent: We use information about you where you have given us consent to do so for a specific purpose not listed above. For example, we may publish testimonials or featured customer stories to promote the Services, with your permission.
Legal bases for processing (for EEA users):
If you are an individual in the European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable EU laws. The legal bases depend on the Services you use and how you use them. This means we collect and use your information only where:
- We need it to provide you the Services, including to operate the Services, provide customer support and personalized features and to protect the safety and security of the Services;
- It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote the Services and to protect our legal rights and interests;
- You give us consent to do so for a specific purpose; or
- We need to process your data to comply with a legal obligation.
If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time.
How we share information we collect
We make tools to support individuals with cognitive challenges, and the people around them. We want them to work well for you. This means sharing information through the Services and with certain third parties. We share information we collect about you in the ways discussed below, but to be clear we are not in the business of selling information about you to advertisers or other third parties.
Sharing with other Service users
When you use the Services, we share certain information about you with other Service users.
For collaboration: You can create content, which may contain information about you, and grant permission to others to see, share, edit, copy and use that content based on whether you have opted to share that content. Some of the collaboration and reporting features of the Services display some or all of your profile information to other Service users when you share or interact with specific content. For example, when a user is running a report, we display your name (if you are a learner / facilitator) with the results.
For sharing with the Content Library: Content created can be shared for the benefit for other facilitators within your organisation or globally. In the instances where you have opted to share your content with either your organisation or the global avail™ library you are making the content available to other service users. This is done typically where a task has been created that is of benefit to a wider audience and the facilitator would like to share. By performing that share, the sharer is declaring full ownership rights of the content.
Managed accounts and administrators: If you register or access the Services where the avail instance is owned by your employer or organization, and such organization wishes to establish an account or site, certain information about you including your name, contact info, content and past use of your account may become accessible to that organization’s administrator and other Service users sharing the same domain. If you are an administrator for a particular site or group of users within the Services, we may share your contact information with current or past Service users, for the purpose of facilitating Service-related requests.
Sharing with third parties
We share information with third parties that help us operate, provide, improve, integrate, customize, support and market our Services.
Service Providers: We work with third-party service providers to provide website and application development, hosting, maintenance, backup, storage, virtual infrastructure, payment processing, analysis and other services for us, which may require them to access or use information about you. If a service provider needs to access information about you to perform services on our behalf, they do so under close instruction from us, including policies and procedures designed to protect your information.
Avail Support Ltd. Partners: We work with third parties who provide consulting, sales, and technical services to deliver and implement customer solutions around the Services. We may share your information with these third parties in connection with their services, such as to assist with billing and collections and to provide support. We may also share information with these third parties where you have agreed to that sharing.
With your consent: We share information about you with third parties ONLY when you give us consent to do so. For example, we often display personal testimonials of satisfied customers on our public websites. With your consent, we may post your name alongside the testimonial.
Compliance with Enforcement Requests and Applicable Laws; Enforcement of Our Rights: In exceptional circumstances, we may share information about you with a third party if we believe that sharing is reasonably necessary to (a) comply with any applicable law, regulation, legal process or governmental request, including to meet national security requirements, (b) enforce our agreements, policies and terms of service, (c) protect the security or integrity of our products and services, (d) protect us, our customers or the public from harm or illegal activities, or (e) respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person.
How we store and secure information we collect
Information storage and security
We use data hosting service providers in the United States, Ireland and Canada to host the information we collect, and we use technical measures to secure your data. Effectively the data of the user is stored in their location, with US users stored in the US, Canadian users stored in Canada, and the rest of world including the EU, stored in Dublin Ireland. Our architecture allows us to expand this so if a new jurisdiction comes online and has a legal requirement for us to store data in their location we can do so.
While we implement safeguards designed to protect your information, no security system is impenetrable and due to the inherent nature of the Internet, we cannot guarantee that data, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others.
How long we keep information
How long we keep information we collect about you depends on the type of information, as described in further detail below. After such time, we will either delete or anonymize your information or, if this is not possible (for example, because the information has been stored in backup archives), then we will securely store your information and isolate it from any further use until deletion is possible.
Account information: We retain your account information for as long as your account is active and a reasonable period thereafter in case you decide to re-activate the Services. We also retain some of your information as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations, and to continue to develop and improve our Services. Where we retain information for Service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Services.
Information you share on the Services: If your account is deactivated or disabled, some of your information and the content you have provided will remain in order to allow your team members or other users to make full use of the Services. For example, assessments of a particular learner are retained for the benefit of reviewing learner progress, or content that has been shared to your organisational or global library.
Managed accounts: If the Services are made available to you through an organization (e.g., your employer), we retain your information as long as required by the administrator of your account. For more information, see “Managed accounts and administrators” above.
Marketing information: If you have elected to receive marketing emails from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our Services, such as when you last opened an email from us or ceased using your account.
How to access and control your information
You have certain choices available to you when it comes to your information. Below is a summary of those choices, how to exercise them and any limitations.
You have the right to request a copy of your information, to object to our use of your information (including for marketing purposes), to request the deletion or restriction of your information, or to request your information in a structured, electronic format. Below, we describe the processes for making these requests.
Access and update your information and tasks created: Our Services and related documentation give you the ability to access and update certain information about you from within the Service. For example, you can access your profile information from your account or access tasks and media you have created in the system. You can update your profile information within your profile settings and modify tasks as required.
Deactivate your account: If you no longer wish to use our Services, you can request deactivation of your account. This is achieved by contacting us at support. You or your administrator may be able to deactivate your Services account. Otherwise, please contact your administrator. Please be aware that deactivating your account does not delete your information; your information remains visible to other Service users based on your past participation within the Services.
Delete your information: If you no longer wish to use our Services, you can request deletion of your account. This is achieved by contacting us at support. You or your administrator may be able to delete your Services account. Otherwise, please contact your administrator. Please be aware that deleting your account does delete your information and we will delete the information if it does not impact on any other service users.. If it does impact on other service user, then we would need to get the permission of users impacted prior to deletion. 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.
Request that we stop using your information: In some cases, you may ask us to stop accessing, storing, using and otherwise processing your information where you believe we don’t have the appropriate rights to do so. For example, if you believe a Services account was created for you without your permission or you are no longer an active user, you can request that we delete your account as provided in this policy. Where you gave us consent to use your information for a limited purpose, you can contact us to withdraw that consent, but this will not affect any processing that has already taken place at the time. You can also opt-out of our use of your information for marketing purposes by contacting us, as provided below. When you make such requests, we may need time to investigate and facilitate your request. If there is delay or dispute as to whether we have the right to continue using your information, we will restrict any further use of your information until the request is honoured or the dispute is resolved, provided your administrator does not object (where applicable).
Opt out of communications: You may opt out of receiving promotional communications from us by using the unsubscribe link within each email or by contacting us as provided below to have your contact information removed from our promotional email list.
Data portability: Data portability is the ability to obtain some of your information in a format you can move from one service provider to another (for instance, when you transfer your mobile phone number to another carrier). Depending on the context, this applies to some of your information, but not to all of your information. Should you request it, we will provide you with an electronic file of your basic account information and the information you create on the spaces you under your sole control.
Other important privacy information
Notice to End Users
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. If this is the case, 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. Please contact your organization or refer to your administrator’s organizational policies for more information.
For any compliance related queries, please email us at firstname.lastname@example.org