The protection of natural persons in relation to the processing of their personal data is important to Avania. This privacy information intends to inform you about the manner Avania controls and processes your personal data including the legitimate basis thereof. This privacy information describes the way we process and control your data when you visit our website and in case you apply for a job and/or when you purchase services or goods from us.
We would like to be as transparent as possible regarding the use of your data and your rights related to this. We hope the information provided here answers the queries you may have about your personal data. However, if you need more information, please contact our Data Protection Officer via: Dataprivacy@avaniaclinical.com
Our details as Joint Controllers: Email: firstname.lastname@example.org
Avania Australia – Melbourne
1 Tripovich St
Brunswick VIC 3056
Avania Australia: Sydney
13/76 Reserve Road
Artarmon NSW 2064
Avania U.S. — Marlborough
100 Crowley Drive, Suite 216
Marlborough, MA 01752
Avania U.S. — San Diego
4901 Morena Blvd., Suite 132
San Diego CA 92117
Avania Europe — Bilthoven
Prof. Bronkhorstlaan 10, bld. 54
3723 MB Bilthoven
Hereafter, jointly referred to as Avania.
The Avania organization is subject to the Federal Trade Commission (FTC) investigatory and enforcement powers ensuring Avania’s compliance with the Privacy Shield framework. In compliance with the Privacy Shield Principles, Avania commits to resolve complaints about our collection or use of personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Avania’s Data Protection Officer at: email@example.com or by mail at 100 Crowley Drive, Marlborough, MA 01752. Avania agrees to respond to the complaint within 30 days of receipt. Avania has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provided located in the United States. If you do not receive timely acknowledgement of your complaint from us, or we have not addressed your complaint to your satisfaction, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint. The services of JAMS are provided at no cost to you. In addition, Avania commits to cooperate with the panel established by the EU data protection authorities (DPAs) and comply with the advice given by the panel and the Commissioner with regard to data transferred from the EU. The DPAs can be found here: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm, The FTC has committed to reviewing on a priority basis referrals alleging non-compliance with the Principles of the Privacy Shield framework. If the complaint is not resolved using the independent recourse mechanism, as a last resort, the Privacy Shield framework provides for binding arbitration from a Privacy Shield Panel, made up of three neutral arbitrators. EU and Swiss citizens who pursue resolution of a data protection dispute will not be charged any costs by Avania associated with resolution of the dispute. However, in pursuing the final option of binding arbitration, each party will bear its own legal fees.
For specific privacy related questions, please contact the Data Protection Officer via: Dataprivacy@avaniaclinical.com
Our procedures related to the data handling are developed in line with the requirements set forth in the General Data Protection Regulation REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 and will be periodically assessed for compliancy.
For the ease of reading; this privacy notice includes 2 main sections: 1. General users including (potential) clients and 2. Privacy Information specific to Job applicants
General users including (potential) clients
If you have entered into a contract or have contacted us with the intention to enter into a contract, Avania will control your data. This will be independent of your location or which of the subsidiary entities you from Avania you contacted.
What Personal data are we processing and/or controlling?
We collect and process personal data about you when you interact with us, if you visit our website and when you purchase services or goods from us. The personal data we process concerns:
- your name;
- your home or work address, email address and/or phone number;
- your job title; company you work for
- your payment and delivery details, including billing and delivery addresses and credit card details, (if you use our e-commerce service)
- information related to the browser or device you use to access our website;
- internet browser and operating system;
- and/or any other information you provide (e.g. details listed on a curriculum vitae)
There is no legal or contractual obligation for you to provide personal data to us. However, if you wish to enter into an agreement with us or one of our subsidiaries or wish to apply for a job, we require personal data to set-up and carry out the agreement or to review you job application.
How do we use this information?
We process the personal data listed above for the following purposes:
- Processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of the data subject prior to entering into a contract. We require to process this data in order to establish contact with you and are unable to do so without it;
- Enter into an agreement to provide or receive services
- Contacting us via the website contact form
- Contact us via e-mail or by any other contact methods such as phone calls.
- To monitor use of our websites and online services.
- To comply with applicable law and regulation
- In accordance with our legitimate interests in protecting Avania’s legitimate business interests and legal rights, including but not limited to, use in connection with legal claims, compliance, regulatory and investigative purposes
- Newsletters; we may also send you informative information in relation to our expertise and services. Newsletters will be sent where you have given your consent to receive it, or where this is allowed. You will be given an opportunity to opt-out at each Newsletter. You will only receive newsletters from Avania or one of our subsidiaries companies.
With whom and where will we share your personal data?
We may share your personal data with our subsidiaries companies to process it for the purposes of inter-group administration and to provide services or products where elements of these are provided by companies other than those with which you have directly contracted. We may also share your personal data with the below third parties, where they have agreed to process your personal data in line with the GDPR. If we engage a third party processor we will instruct in them writing how to process the data (this includes a CRM service provider). This may include:
- Our professional advisors
- Our suppliers, business partners and sub-contractors;
- Customer relationship management system called NetSuite*
- Web analytics (depending on your choice for cookie placement)
- Marketing and communications agencies; (depending on your choice for cookie placement)
* Your data will also be processed to a general customer relationship management system called NetSuite. NetSuite is a management system developed by Oracle. Oracle is listed as a company for which the EU BCR cooperation procedure is closed (by Irish DPA). Avania has a written agreement that defines the use of NetSuite.
Personal data may be shared with government authorities and/or law enforcement officials if required for the purposes above, if mandated by law or if needed for the legal protection of our legitimate interests in compliance with applicable laws.
In the event that our business or any part of it is integrated or sold with another business, your details will be disclosed to our advisers and those of any prospective purchaser and will be passed to the new owners of the business.
How long will we store your personal data?
We will not keep your personal information for any purpose for longer than is necessary and will only retain the personal information that is necessary in relation to the purpose. We are also required to retain certain information as required by law or for as long as is reasonably necessary to meet regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce our terms and conditions.
Where you are a customer, we will keep your information for the length of any contractual relationship you have with us and after this, we will store your information for 10 years after our last correspondence and in line with our internal policies.
We will retain your data for some time beyond the specified retention period, to allow for information to be reviewed and any deletion to take place. In some instances, laws may require Avania to hold certain information for specific periods other than those listed above.
It is possible that we process your personal data for more than one processing purpose. As a consequence, thereof, we may retain (part of) your personal data until the retention period for the last processing purpose has lapsed.
Where you are a prospective customer and contacted us via our website contact form or general e-mail address, we will retain your data for this purpose until you unsubscribe from our newsletters; you will be given the opportunity to unsubscribe at each newsletter.
Where is my data stored?
The personal data we collect is stored on US and EU servers. Since we are an organization that operates globally, the personal data that we collect from you will be transferred to and stored outside the European Economic Area (“EEA”) if needed. It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers.
If your data will be shared with third countries, the data protection laws of these third countries have been approved as adequate by the European Commission by means of an adequacy decision. Please refer to the list of adequacy decision as published on the official website of the EU
Transfers that takes place to companies in the U.S. will be subject to the EU-U.S. Privacy Shield Framework. The EU-U.S. Privacy Shield Frameworks were designed by the U.S. Department of Commerce and the European Commission to provide companies on both sides of the Atlantic with a mechanism to comply with data protection requirements when transferring personal data from the European Union to the United States in support of transatlantic commerce.
If this is not the case other appropriate safeguards are in place. You have the right to review the appropriate safeguards.
For the data exchange between our European, US and Australian entities, Standard Contractual clauses have been signed with a clause for mutuality. However, it must be noted that the safeguards in third countries may not as stringent as within the EU. Further information can be obtained via Dataprivacy@avaniaclinical.com
What are my rights in relation to my personal data?
Pursuant to the GDPR, we would like to inform you that your rights specified in Chapter III of the GDPR are applicable. An overview of your rights in relation to your personal data is provide below.
- Right of access
- Right to rectification
- Right to erasure (‘right to be forgotten’)
- Right to restriction of processing
- Right to data portability
- Right to object
We shall not use your personal data for automated decision making as described in article 22 of the GDPR.
If we process your personal data based on your consent, for example in relation to your subscription to our newsletter, you may at all times withdraw your consent. This will not impact any processing of personal data concerning you that we have undertaken prior to your withdrawal of consent.
If you do not agree with how we process your personal data, you may, at all times, lodge a complaint with the Dutch supervisory authority about our processing of personal data concerning you. We would be grateful if you contact us prior to contacting the supervisory authority and we will do our best to address your complaint.
Can I obtain more information about Avania’s data protection procedures related to my data?
Should you have any queries regarding this Privacy Information, about Avania processing of your personal data or wish to exercise your rights you can contact Avania by using this email address: Dataprivacy@avaniaclinical.com
Privacy Information specific to Job applicants
What information do we collect and process?
We collect and process personal data about you when you apply for a vacancy with us. Personal data we process includes:
- your name, home address, email address and/or phone numbers;
- your date of birth,
- your educational and employment history;
- other information contained within your CV or other documents or information you submit to us;
- information from the selection process, if any;
For the fulfillment of certain positions within our company, we will ask your permission during the application process to process additional data relevant for a particular position. This may concern:
- References and assessments relating to your work for previous employers; if this will be the case, we will inform you upfront and inform you about the outcome.
- medical and financial information i.e. bank details (where you provide this to us);
- information to confirm your identity and right to work, such as a copy of your passport; if this will be the case, we will specifically request this from you
- information relating to your feedback on our organization.
If there is reason to believe that you have any unspent criminal convictions; we will remain the right to request further information, such as a “ Verklaring omtrent Gedrag “ in the Netherlands or another local equivalent based on our legitimate interest. If in the interest of our company and when deemed necessary, we will perform a background check. However, these background checks are not part of our standard routines.
What is the source of this information?
We obtain this information directly from you, our personnel, through our systems and equipment, as well as from third parties such as recruitment agencies, background checking companies or former employers. We may also obtain it from your public profiles available online.
How do we use this information and what is the legal basis for this use?
We process the personal data listed above for the following purposes only in accordance with our legitimate interests:
- to enable us to comply with our legal and regulatory obligations;
- to perform an adequate selection process and to select the right person for each job vacancy;
- to prevent and detect fraud and other wrongdoing;
- to establish, exercise our legal rights;
Part of the selection process is the collection of data by means of the services provided by a company named Hire Bridge; www.hirebridge.com. Use of your personal data is determined in a contract with Hire Bridge, your personal data will only be processed by Hire Bridge in case you decide to apply by means of the integrated job application tool. Hire Bridge will provide us with a listing of applicants without any automated decision-making processes.
With whom and where will we share your personal data?
We may share your personal data for the purposes of intra-group administration. We may also share your personal data with our professional advisors. Personal data may be shared with government authorities and/or law enforcement officials if mandated by law or if needed for the legal protection of our legitimate interests in compliance with applicable laws. In the event that any part of our business is sold or integrated with another business, your details may be disclosed to our advisors and those of any prospective purchaser and would be passed to the new owners of the business.
How long will you keep my personal data?
We will not keep your personal information for longer than is necessary and will only retain the personal information that is necessary to fulfil the purpose. We are also required to retain certain information by law or if it is reasonably necessary to meet regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce our terms and conditions.
We will keep the personal data connected to your job application (including any interview records) for up to 4 weeks after completion of our job applicant interview process for a particular position. (Please note: this can be up to 2 months from your actual application). If we currently do not have a position for you, we will either delete your personal data or ask you for consent to store your personal data for up to 1 year from the date of creation by Avania or receipt from you.
For open applications we will store your data for up to one year after receipt from you. Thereafter, we will delete these from our files. If your application is successful further details about the processing of your personal data will be described in your contract.
Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improve the user experience. They can also help to ensure that adverts you see online are more relevant to you and your interests. A list of all the cookies used on our Avania website by category is set out below. Our Avania website runs most efficiently with cookies enabled. However, you can decide to only select certain cookies.
We have categorized our cookies as follows:
- Functional Cookies & Non-Privacy Cookies: For these types of cookies no consent is required.
- Privacy Sensitive cookies (i.e. Analytical + Marketing) : For these types of cookies consent is required. Consent will be asked by means of the website pop-up asking for consent and can be changed in your web browser if needed.
For all cookies; the following information is present on this page: Name, Provider, Purpose, Expiry date and Type
Category 1. Functional and/or Privacy non-sensitive.
1a: Strictly Necessary Cookies
These cookies are essential in order to enable you to move around the website and use its features, such as accessing secure areas of the website. Without these cookies services you have asked for, like e-shop, cannot be provided.
1b: Performance Cookies
These cookies collect information about how our visitors use our website, for instance, which pages visitors go to most often, and if they get error messages from web pages. These cookies do not collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how our Avania website works.
1c: Functionality or Session Cookies
These cookies allow our Avania website to remember choices you make (such as your username, language or the region you are in) and provide enhanced, more personal features. These cookies can also be used to remember changes you have made to the text size, fonts and other parts of the web pages that you can customize. The information these cookies collect are anonymized and they cannot track your browsing activity on other websites. These cookies will be removed once you closed your browser.
Category 2: Privacy Sensitive cookies
2a: Targeting/advertising and tracking Cookies
These cookies are used to deliver adverts more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. They are usually placed by advertising networks with the website operator’s permission. They remember that you have visited a website and this information is shared with other organizations such as advertisers. Targeting or advertising cookies will be linked to site functionality provided by the other organization. All details about the cookies can be reviewed here. This also provides a list of companies that jointly control the data processed by means of the Privacy Sensitive cookies (Analytical + Marketing).
A tracking cookie is a special type of web cookie, which enables identification of an internet user in multiple websites. Based on the visit history, general information about the visitor will be collected. Avania will ask you for your consent prior to the placement of such cookies. You may at all times withdraw your consent for the placement of marketing cookies.
2b: Other types of cookie
These cookies are specialist in nature and are for specific use and which are not categorized in one of the other categories.
Avania does not use any other types of cookie not falling within one of the categories above.
The Avania website is designed to function optimally with cookies enabled. However, if you wish to select only certain cookies, this can be controlled cookies pop-up or in your browser setting.
If you do deactivate cookies it may mean some of the website features become disabled. Even with all cookies disabled, a tiny amount of information will continue to be retrieved from your web browser. This information is necessary for the basic functioning of our website.
For instructions on changing your cookie setting, select your browser: