Terms & Conditions

Privacy Policy

Avita's Terms and Conditions

Avita’s Terms and Conditions

These Terms and Conditions shall apply to and bind, any and all Customers who: (i) have purchased a subscription to the Company’s Platform and Services (as defined below) through the Company’s website (the “Site”) (and not by way of an SOW), or (ii) are receiving the Services and access to the Platform (as defined below) pursuant to an agreement between such Customer and an authorized reseller or distributor acting on behalf of the Company.

These Terms and Conditions, together with the “Statement of Work”, “Proposal”, “Service Level Agreement” or “Purchase Order” (or similarly titled document) signed with the Customer which is incorporated hereto by reference (in each case, the “SOW”, and collectively – the “Agreement”), are entered hereto and shall constitute a binding agreement by and between the applicable Avita entity signed on the SOW –At Play Holdings Pty Ltd. (such entity, the “Company”) – and the counterparty executing the SOW (“Customer”) (Company and Customer may each be also referred to herein as “Party”, and collectively as the “Parties”), as of the services start date stated in the SOW (the “Effective Date”).


1. The Services

  1. Company hereby grants to Customer a worldwide, nonexclusive, non-transferable, non-sublicensable, royalty-free, limited license during the applicable subscription period to access and use, and to allow its Personnel to access and use the Services and the Platform. With respect to any software that is distributed or provided to Customer for use on Customer premises or devices (if any), Company hereby grants Customer a non-exclusive, non-transferable, non-sublicensable license to use such Software during the subscription period only in connection with the Services.
  2. Subject to Customer’s compliance with its obligations under this Agreement, Company will provide Customer access to Company’s video interviewing platform (the “Platform”) and related services as set forth in the SOW executed by and between the Parties, for the applicable subscription period set forth in the SOW or the Site, as applicable (collectively – the “Service(s)”).
  3. Customer will be required to provide a password and login name in order to access and make use of the Services. It is Customer’s sole responsibility to maintain the confidentiality of Customer’s password and login details and Customer must notify Company in writing immediately if Customer becomes aware of any unauthorized use of Customer’s password and/or login details. Customer will be regarded as responsible for any Content or any activity that is displayed, is accessible, or occurs under Customer’s login name.
  4. Agreements between the Parties with respect to availability of the Services, service levels, response times and support, if any, shall be included in the SOW.

2. Restrictions and Responsibilities

  1. Customer shall not rent, lease, distribute, sell, sublicense, transfer or provide access to a third party outside of the intended use.
  2. Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Platform and/or the Services or any software, documentation or data related thereto; modify, translate or create derivative works based on the Services and/or the Platform; use the Platform and/or the Services for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels therefrom.
  3. Customer shall be responsible for obtaining and maintaining any physical equipment and ancillary services needed to connect to, access or otherwise use the Platform and the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer account, User IDs, passwords (including but not limited to administrative and user passwords) and files.

3. Account Cancellation and Termination

  1. Customer may cancel its account at any time. Before doing so, Company recommends that Customer review these Terms and Conditions carefully so Customer understands what will occur upon cancellation, particularly in relation to payments for Services.
  2. To effectively cancel Customer’s Account, Customer is required to contact the Company at hello@my-avita.com  for assistance. Upon doing so, the cancellation of Customer’s Account will take place promptly.
  3. All Customer Content may be deleted permanently upon cancellation. Company shall not be responsible for the loss of any such Content due to the cancellation (or termination) of a Company account.
  4. Company reserves the right to refuse its Services to anyone should it believe that the Services have been abused. 
  5. Should Company believe that the Services have been, will be, or are being used for any unlawful purpose and/or used in violation of any of these Terms and Conditions or any other Company agreement or policy, Company may (a) terminate an account immediately; (b) refuse its Services to anyone; and/or (c) take any further action as permitted by law.
  6. Company also reserves the right to suspend or terminate a Customer’s account should Company become involved in pending litigation or other similar dispute with a Customer in relation to such account, or for any other reason. Should a Customer become involved in litigation or other similar dispute in relation to an account, Company also may suspend or terminate such account immediately and without notice. Should Company become aware of litigation relating to an account, Company reserves the right to preserve content associated with such account.
  7. Should a Customer’s account be terminated, Company may, in its sole discretion and without liability to Customer, remove and discard any information associated with Customer’s account including, but not limited to, any Content or Customer Content. Should Customer’s Account become terminated, Customer will remain solely responsible for all liabilities that may have arisen or arise from Customer’s account and/or its termination.
  8. Any Customer whose account has been terminated by Company may not access the Services without the prior express written permission of Company.
  9. There shall be no refunds for any use of Services terminated because of a breach of these Terms and Conditions.
  10. Customer agrees that Company may review, modify, reformat, monitor, reject or remove texts, messages, illustrations, photos, as well as any audio or video materials (and any combination of these or other materials) (“Content”) that Customer uploads, transmits, posts or otherwise makes available or accessible via the Platform, if Company considers that it, in Company’s sole judgement, violates these Terms and Conditions or may be offensive, illegal or violate the rights, or harm, or threaten the safety of others.
  11. Customer is and shall be solely responsible for the Content that Customer uploads, transmits, posts, publishes or displays or otherwise makes available or accessible via the Platform or transmits to or shares with others. Company also agrees to ensure that no Content is deliberately misleading, inaccurate, false or deceptive.
  12. The following is a partial list of the kind of Content that is illegal or prohibited on the Platform (“Prohibited Content”) and Customer reserves the right to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication or Content from the Platform. Prohibited Content includes Content that:
  • is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or
  • harasses or advocates harassment of another person; or
  • involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; or
  • impersonates any person or entity; or
  • Customer knows or suspect (on reasonable grounds) to be fake, misleading or deceptive; or
  • poses or creates a privacy or security risk to anyone; or
  • promotes information Customer knows is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; or
  • promotes an illegal or unauthorized copy or use of another person’s copyrighted work; or
  • provides instructional information about illegal activities; or
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
  • contains viruses, or other computer codes or files or programmes designed to interrupt, limit or destroy the functionality of other computer hardware or software; or
  • includes an image or personal information of another person or persons unless Customer has received their consent.

4. Billing, Pricing, Payments and Renewals

  1. The Customer shall pay Company a non-refundable annual or monthly fee in accordance with the terms of the relevant SOW or the Site (the “Fee”). Unless specified otherwise in the SOW, Customer shall pay the Fee and any and all amounts due within thirty (30) days of the date of invoice. All amounts payable under this Agreement are exclusive of any taxes (including, without limitations VAT, and similar taxes to the extent applicable). Except as expressly provided in this Agreement, each Party shall bear its own costs and expenses incurred in performance of this Agreement.
  2. Company bills in advance for Services on a recurring basis. Company may, at its sole discretion, provide Customer with monthly, quarterly, semi-annual and/or annual subscription service plans from which to choose, depending on Customer’s payment method, account history and/or account preferences.
    By choosing a subscription service plan, method of payment, and applicable billing cycle, Customer authorizes Company to use the form of payment specified in Customer’s account preferences or settings to bill Customer automatically in advance for the chosen Services on a recurring basis for each applicable billing cycle until Customer’s account has been cancelled and the applicable subscription plan has concluded.
  3. Should Customer decide to cancel its account, the account will be effectively cancelled after the conclusion of Customer’s then-existing service plan.
  4. Customer will be onboarded as soon as the first payment has been received. 
  5. Unless otherwise stated in the SOW, Company reserves the right to change the prices for any of the Services at any time. Should Company change any pricing, Company shall provide its Customers with at least thirty (30) days’ notice. The company also reserves the right to impose an annual CPI related increase. 
  6. To purchase Company Services, Customer must provide Company with an Electronic Fund Transfer or with a valid credit card or checking account debit information. Company presently accepts payments from Company Customers using a secure connection. Company reserves the right to choose the forms of payment accepted for Company Services, to refuse select forms of payment, to refuse service to anyone and to add or remove particular third parties from whom it will accept payments.
  7. Company may make available to Customer various payment processing methods to facilitate the payment for the Services. Company may add or remove payment processing methods at its sole discretion and without notice to Customer. Customer agrees to pay for any Services that Customer orders and that Company may charge Customer’s credit card or other form of payment that Customer indicates for any Services purchased, along with additional amounts (including any taxes). Customer agrees that Customer is solely responsible for all fees associated with the purchases made by the Customer on or through the Platform.
  8. For the convenience of its Company Customers, Company automatically renews subscription plans. Automatic renewal will be for another Subscription Term of a period equal to your initial Subscription Term.
  9. Company does not refund purchased Services. Consequently, there will be no refunds for periods where Services were unused should Customer’s account be cancelled including, but not limited to, period of dormancy or time remaining on subscription plans. Moreover, should Customer enter a quarterly, semi-annual or annual subscription plan wherein Customer makes monthly payments, subject to Section 6.8 below, Customer agrees to make monthly payments for the entire term of Customer’s subscription plan whether Customer uses or cancels the Services prior to the expiration of Customer’s subscription. Consequently, Company cannot cancel or refund monthly payments associated with subscription plans.

5. Privacy and Proprietary Rights

  1. Customer acknowledges that Company owns the Services, including all Content. This Agreement does not confer to Customer any right of ownership in the Content or Services. 
  2. In the event Customer provides Company with any suggestions, comments or other feedback (“Feedback”) relating to the Services or the Platform, such Feedback shall become the sole and exclusive property of Company, and Customer hereby irrevocably assigns to Company all of its right, title and interest in and to such Feedback.
  3. As part of the Services, Customer and its Personnel may provide certain personal data about Customer’s personnel or employees, or potential candidates through their use of the Services and the Platform (collectively, “Personal Data”). All Data that is either provided by Customer (including any Personnel and Customer’s employees) through or pursuant to the use of the Services and the Platform, or collected by Company through the Platform, and which is proprietary to Customer (“Customer Data”), will remain the property of Customer (or the candidate, as applicable). The above notwithstanding, Company shall have the right to process and analyze the Personal Data and other information relating to the provision, use and performance of various aspects of the Services and the Platform (including, without limitation, information concerning Customer Data and data derived therefrom), and Company will be free (during and after the Term) to use such information and data to improve and enhance the Services and the Platform and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings.
  4. Customer warrants and represents that it has the full right and authority to permit Company and its third party service providers to process and use the Personal Data for the purposes set forth under this Agreement and in the Company’s privacy policy and that the processing and use of Personal Data as contemplated under this Agreement by Company and/or Company’s service providers will not violate any applicable law, regulation or rules (including any privacy protection or employment laws) or breach any contractual agreement to which Customer is a party to. Customer further warrants and represents that it has obtained the necessary consents and permissions from its Personnel, employees and other end-users of Customer’s System (“End Users”), including without limitation through Customer’s privacy policy and/or employee guidelines and policies, to permit Company and its service providers to process and use Personal Data in accordance with the terms of this Agreement and privacy policy. 

6. Confidential Information

  1. Each Party acknowledges that it may have access to certain confidential information of the other Party (“Confidential Information”). Confidential Information will include all information in any form that under the circumstances of its disclosure, should reasonably be considered confidential, including but not limited to trade secrets. Each Party agrees that it will not use Confidential Information of the other Party in any way, except as expressly required for the purposes of this Agreement, nor will it disclose to any third party (except as required by law or to that Party’s attorneys, accountants and other advisors as reasonably necessary on a need to know basis) any of the other Party’s Confidential Information and it will take reasonable precautions to protect the confidentiality of such information.
  2. Without limiting the generality of the above, Company’s Confidential Information shall also include (a) the terms and conditions of this Agreement, and (b) the Platform, the Services and all Intellectual Property embodied therein and all Intellectual Property rights relating thereto, and Customer’s Confidential Information will include all Customer Data and Personal Data.

7. Disclaimer of Warranties; Limitation of Liability



Without derogating from the generality of the above:

  • Company does not warrant that the functions and features contained on the Platform will be uninterrupted or error-free, that defects will be corrected, that the Platform or any server that makes it available is free from viruses or other harmful components or that successful or accurate results or outcomes will result from Customer’s use of or access to the Platform (including any of its features and functions) or the Services.
  • Customer acknowledges that any material or Content downloaded or otherwise obtained or accessed through the use of the Services (or by accessing the Platform) is done at Customer’s own discretion and risk and that Customer will be solely responsible for any damage to its computer system or any other device or loss of data that results from downloading any such material or Content.
  • Company gives no guarantee to Customer that Customer will fill any job or position vacancy that Customer elects to upload onto and advertise or display on our Platform or that Customer will receive any responses from suitable candidates. At the same time, Company does not endorse or recommend any job seekers or anyone else who contacts Customer via or as a result of any information, material or Content on the Platform.
  • Company accepts no responsibility for how the services are used as part of the Customer recruitment process, as it relates to fairness of recruitment process being followed, in relation to applicable labour legislation. 
  • Furthermore, Company accepts no responsibility for any communications or interactions between Customer and any persons, who respond to or contact Company, or whom Company contacts or responds to as a result of any Content Customer or anyone-else uploads, transmits, posts, publishes, displays or otherwise makes available on the Platform or any Content that Customer transmit to others.

8. Indemnification

  1. Customer will indemnify Company for, and hold Company harmless from and against, any and all Liabilities (as defined herein) or Expenses (as defined herein) at any time due, owing, paid or incurred by, or assessed against, Company arising out of (a) a breach by Customer of this Agreement; or (b) any third party claim related to the collection, storage, transfer or other use of Data, Customer’s use of the Services, Platform or the Content, except to the extent the claim is solely attributable to the wilful misconduct of Company; provided however, that Company must give Customer prompt notice in writing of the institution of the Proceeding (as defined below), permit Customer to defend the same and give Customer all available information assistance and authority (at Customer’s expense) in connection therewith. Customer, at its option, will have control of the defense of any such Proceeding including appeals thereof and all negotiations therefor, including the right to effect the settlement or compromise thereof, provided that (i) no settlement, consent order or consent judgment which involves any admission of any liability or wrongdoing, or any act or omission on the part of Company may be agreed to by Customer without Company’s prior written consent, which shall not be unreasonably withheld or delayed, and (b) Customer shall keep the Company informed of the status and progress of such Proceeding, the defense thereof and/or settlement negotiations with respect thereto. “Liabilities” means all liabilities, losses and claims (including judgments, interest, fines, penalties, attorneys’ fees due any other Party, court costs and amounts to be paid in settlement) reasonably incurred in connection with any Proceeding. “Expenses” includes all attorneys’ fees and costs, retainers, court costs, transcripts, experts’ fees, witness fees, travel expenses, computer costs, duplicating costs, printing and binding costs, telephone charges, postage, delivery service fees and all other disbursements or expenses reasonably incurred in connection with asserting or defending claims, and any expenses incurred in the enforcement of Customer’s obligations hereunder. “Proceeding” includes any threatened, pending or completed action, suit, arbitration, mediation, alternate dispute resolution mechanism, investigation, administrative hearing or any other proceeding, whether civil, criminal, administrative or investigative.

9. Miscellaneous

  1. Nothing in this Agreement shall in any way be construed to constitute either Party as an agent, partner, joint-venturer, employee or representative of the other Party, and both Parties shall remain independent contractors.
  2. The Company may issue a press release, case study or general marketing communications concerning its involvement with Customer, including mentioning Customer as a client on its website and using Customer’s logo for such purpose. Customer agrees to provide a reasonable level of cooperation and assistance in connection with development and publication of a case study related to Customer’s use of the Service.
  3. Any written notice connected with this Agreement will be sufficiently made on the mailing date if sent by, either: (a) registered, certified or first class – postage prepaid mail to the Party, or (b) electronic mail, in each case to the address set forth in the SOW or provided by Customer upon subscribing through the Site. In addition, notice by the Company to Customer for any reason (including changes to these Terms and Conditions, the Site, the Fee or similar matters, may be provided by a general posting on the Site.
  4. Each Party to this Agreement will be excused for delays in performing or from its failure to perform hereunder (other than payment delays) to the extent that the delays or failures result from causes beyond the reasonable control of such Party; provided that, in order to be excused from delay or failure to perform, such Party must act diligently to remedy the cause of the delay or failure.
  5. This Agreement will be binding upon Company’s or Customer’s successors or assigns, as the case may be. However, neither this Agreement nor any of Customer’s rights, privileges, duties or obligations under this Agreement may be assigned, sublicensed, sold, or otherwise transferred or encumbered by Customer without the prior written consent of Company, which shall not be unreasonably withheld or delayed.
  6. All claims arising from this Agreement will be governed by and interpreted in accordance with the laws of the State of Israel, without regard to conflicts of laws and principles. Any and all actions brought to enforce this Agreement or resolve any dispute arising out of this Agreement must be brought exclusively in authorized courts of Tel Aviv, Israel and each Party hereby consents to and agrees to submit to the exclusive personal jurisdiction and venue of such courts. The U.N. Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
  7. If Customer resides in the European Union (EU) or if any transfer of information between Customer and the Services is governed by the European Union Data Protection Directive or national laws implementing that Directive, then Customer consents, and shall obtain any consent and approval required by applicable law, to the transfer of such information outside of the European Union to its country and to such other countries as may be contemplated by the features and activities provided via the Services.
  8. No waiver by either Party of any breach of this Agreement will constitute a waiver of any other breach of the same or other provisions of this Agreement. No waiver by either Party will be effective unless made in writing and signed by an authorized representative of that Party.
  9. If any provision in this Agreement is invalid or unenforceable in any circumstance, its application in any other circumstances and the remaining provisions of this Agreement will not be affected thereby.
  10. This Agreement, together with any outstanding SOWs executed pursuant thereto, constitutes the entire agreement and understanding between the Parties relating to the subject matter hereof. This Agreement supersedes all prior written and oral agreements and all other communications between Company and Customer.
  11. Each Party intends that this Agreement will not benefit or create any right or cause of action in or on behalf of, any person or entity other than Customer and Company.
  12. In the case of conflicts or inconsistencies between the terms of this Agreement and any SOW, the terms of the SOW will prevail, except as specifically stated otherwise. Unless designated as replacing a specific outstanding SOW, a new SOW will be considered to be in addition to then-outstanding SOWs.
  13. Customer’s signature is by an authorized representative of Customer and constitutes Customer’s acceptance of this Agreement and its agreement to be bound hereby. This Agreement may be executed and delivered by the Parties in counterparts (each of which will be considered for all purposes an original) and by e-mail transmission in PDF format, and when a counterpart has been executed and delivered by each of the Parties, by e-mail in PDF format or otherwise, all such counterparts will together constitute one agreement.
  14. Customer acknowledges and agrees that the Company has not and will not provide Customer with any legal advice on any subject, but particularly with respect to compliance with employment, data privacy or other relevant laws, rules, or regulations. Customer agrees not to construe any Company communications as legal advice.
  15. The Section headings in this Agreement are for identification purposes only and will not affect the interpretation of this Agreement. Unless business days are specified, all references to “days” means calendar days.
  16. Customer agrees that certain of these Terms and Conditions shall survive termination or expiration of Customer use of the Services to achieve the fundamental purposes of these Terms and Conditions including, but not limited to, Sections 3-8, and 10.


10. Updates or Modifications to the Terms and Conditions

  1. Customer understands that Company may alter, amend, change, waive, terminate or modify any term contained within these Terms and Conditions at any time. Should Company alter, amend, change, waive, terminate or modify any term contained within these Terms and Conditions, it shall provide notice by:
    • Posting the new Terms and Conditions to the Site;
    • Sending electronic mail to the email address Customer provided when creating its account (where available and applicable) or other means pursuant to these Terms and Conditions; and/or
    • As otherwise required by law.
  2. If Company informs Customer that the Terms and Conditions have been modified, Customer may elect to terminate use of any of the Services subject to these Terms and Conditions.
  3. If Customer continues to use any of the Services after receiving notice that these Terms and Conditions have been modified, any continued use shall constitute acceptance of the modified Terms and Conditions and be subject to them.

Privacy Policy

  1. Avita’s Privacy Policy

    Avita provides a video interviewing platform through which employers can interview candidates and manage the hiring process. Avita  www.my-avita.com and any of its other affiliates companies – “Avita,” “we, “or  “our”) recognizes the importance of maintaining the privacy and security of personal data that we collect.

    It is important for us to be transparent about how we collect, use, and share information about you and this privacy policy will provide information on how we collect information about you, when using Avita, or otherwise interact with us.

    This Privacy Policy is to be read as if specifically incorporated into the Terms of Service, available at: https://www.my-avita.com/terms-of-service/.

    We refer to our software as the “Avita Platform” in this policy. This policy has been written to be in accordance with the definitions of the Protection of Personal Information, POPI (SA), act as well as the General Data Protection Regulation, GDPR (EU). 

    Avita undertakes to ensure that the Personal Information in our possession is maintained with quality, accuracy, and confidentiality.

    This policy also explains your choices surrounding how we use information about you, which include how you can object to certain uses of information about you and how you can access and update certain information about you.  

    If you are our User, Candidate, visitor, partner, investor or prospect (“you”) – please read this Privacy Policy carefully and make sure that you fully understand and agree to it. You are not legally required to provide us with any personal data, and may do so (or avoid doing so) at your own discretion.

    If you do not wish to provide us with your personal data, or to have it processed by us or any of our Service Providers as described below, please refrain from accessing, using or registering for our Services. 

    If you are a User using the Services on behalf of a Customer, we suggest that you contact the User’s account administrator with any questions about the Service. You should also let your account administrator know if you do not want to be registered to the Services.

    Before browsing this website or using any of the services, please read this policy carefully. Your continued use of this website indicates that you have both read and agree to the terms of this privacy policy. Please do not use this website, and any of the Avita platforms or services if you do not accept this policy.

    Where we provide the Avita Platform under contract with an organization (for example, our clients) that organization is responsible for the information processed by the Avita Platform.  This policy does not apply to the extent we process personal information in the role of a processor (operator) on behalf of such organizations.

    This Privacy Policy applies to Avita’s platform and services (the “Services”), and describes how we collect, store, use, and disclose the following types of information:

    1. User Data relating to individuals who are employees or users on behalf of our clients (“Customers”), who are registered to the Services and use them to engage with Candidates, conduct video interviews, and determine their suitability to the job while receiving relevant insights through the Services (“User” or “Users”);
    2. Candidate Data relating to individuals whose job candidacy is evaluated through the Services by the relevant User (“Candidate” or “Candidates”);
    3. Website Visitor, CRM & Prospects Data relating to visitors of our website, participants at our events, partners, investors, applicant for a position at Aviat, or any prospective partner or investor, User or Candidate who visits or otherwise interacts with any of our websites, mobile application, online ads, and content, emails or other communications under our control (“Sites”); and
    4. Communication Data in relation to our Services.

    Specifically, this Privacy Policy describes our practices as follows: 

    1. Data Collection

    Our Services enable Users to create a job listing and/or a specific interview design for interviews conducted through Avita, and allows users to review Candidates’ suitability to the job by receiving information, evaluating the interactions of the Candidate with the Services, and gaining insights and inferences based on the above information.

    Avita collects the following types of personal data relating to such Users –

    • User Profile Information – some  or all of the following field: full name, job title, profession, contact information such as mobile phone number and email address, demographic information such as location, post code, preferences and interests, profile picture and any content included in an organization video presentation a User might upload to the Services;
    • Usage Information – connectivity, technical and aggregated usage data and activity logs, log-in and log-out time, IP addresses, device and mobile app data (such as type, OS, device ID, app version, browser version, locale, time-zone and language settings used), session recordings and analytics, and the cookies and pixels installed or utilized on the device;
    • Recruitment Process Data – personal data collected or created by the Services by interactions between the User, the Candidate(s) and the Services;

    We collect certain personal data on Candidates who use our Services as a part of their candidacy process. Our Services also create personal data based on the evaluation of Candidates and information provided to us by Users. When using the Services as a Candidate, we collect and create the following types of personal data-

    • Candidate Profile Information – we collect full name and contact information, such as email address and mobile phone number, and the job listing and interview template assigned, to which the Candidate has applied;
    • CV Data – we may collect Candidate’s CV/resume and any personal data contained therein;
    • Video Data – we may collect video of the Candidate who participates in a video-based interview, video-based questionnaire, or when he or her uploads an intro video introducing themselves to the User/Customer/recruiter who created the job or interview template through the Services. In addition to the video footage, we may also collect images and transcripts we derive from such video;
    • Recruitment Process Data – personal data collected or created by the Services by interactions between the User, the Candidate(s) and the Services, including evaluations, scores and ratings assigned to Candidates by the Services and/or the Users;

    We collect the following types of personal data concerning our website visitors, Users, Candidates, partners, investors and prospects–

    • Usage Information – connectivity, technical and aggregated usage data, such as User agent, IP addresses, device data (like type, OS, device ID, browser version, locale and language settings used), activity logs, session recordings, and the cookies and pixels installed or utilized on our Sites and/or their device;
    • Business Account Information – contact, contractual and billing details concerning our Users, which may also contain the details of their internal focal persons who directly engaged with us on behalf of the Customer, e.g., the account administrators, billing contacts and authorized signatories on behalf of the Customer; as well as details concerning their needs and preferences, as identified by us or recognized through our engagement with them;
    • Information Concerning Our Prospects – contact and business details, our communications with such prospects (correspondences, call and video recordings, call transcripts, and analyses thereof), as well as any needs, preferences, attributes and insights relevant to our potential engagement;

    (Communications Data (with Users, Candidates, prospects etc.): We collect direct interactions and communications with us (including recordings and transcripts of your calls, emails, form submissions and chats with us, e.g., for customer service, user enablement, feedback, support and training purposes or otherwise through LinkedIn, Facebook or Twitter).

    We collect the personal data mentioned above either directly, through your interaction with us or with our Sites or Services; or through third-party services, social media, analytics tools, events we organize or participate in, and other business initiatives.

    To the extent that any of the above-mentioned data only pertains to a non-human entity (e.g., the phone number or bank account of a company or business), we will not regard it as “personal data” and this Privacy Policy does not apply to it.

    1. Data Uses

    We use personal data as necessary for the fulfilment of our services and for performance of our Services. The Avita platform acts as a data processor, which means that we will use it on behalf of our Customer and in order to provide them with our Services. When we use personal data as processors, the processing of such data is also governed by the agreement we have with our Customers, partners, or investors. However, we use certain personal data, such as User Profile Information, Video Data and the Website Visitor, CRM & Prospect Data as a data controller, which means that we will use such personal data for our own purposes, such as improving and enhancing our platform and Services. We use personal data for the following purposes:

    1. a) To facilitate, operate, and provide our platform and services;
    2. b) To authenticate the identity of our Users and Candidates, and to allow them to access and use our Services;
    3. c) To provide assistance and support to our Users and Candidates;
    4. d) To share your data with our Service Providers;
    5. e) To gain a better understanding on how you use and interact with our Services, and how we can improve the user experience for you and others, and continue improving our products, offerings and the overall performance of our Services;
    6. f) To contact you with general or personalized service-related messages, as well as promotional messages that may be of specific interest to you (as further described in Section 6 below);
    7. g) To facilitate, sponsor and offer events;
    8. h) To support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error or any illegal or prohibited activity;
    9. i) To create aggregated statistical data, inferred non-personal data or anonymized or pseudonymized data (rendered non-personal), which we or our business partners may use to provide and improve our respective services, or for any other purpose; and
    10. j) For research purposes. We are always looking for ways to make the Avita Platform smarter, faster, secure, integrated, and useful.  We use information and collective learnings (including feedback) about how people use the Avita Platform to troubleshoot, to gather feedback, identify trends, usage, activity patterns, etc. 
    11. k) We share information about you with third parties when you give us consent to do so.  For example, we often display personal testimonials of satisfied clients and candidates on our public websites. With your consent, we may post your name alongside the testimonial. 
    12. l) To comply with applicable laws and regulations. We do not sell your personal information.

    If you reside or are using the Services in a territory governed by privacy laws under which consent is the only or most appropriate legal basis for the processing of personal data (in general, or specifically with respect to the types of personal data you expect or elect to process or have processed by, or via the Services, e.g. ‘special categories’ under the GDPR), providing such personal data and using the Services, as well as your acceptance of our Terms and Conditions and this Privacy Policy will be deemed as your consent to the processing of your personal data for all purposes detailed in this Policy. 

    Please contact us at hello@my-avita.com if you wish to withdraw your consent at any time. 

    1. Data Location 

    Avita operates across various jurisdictions globally. Your personal data may be maintained, processed and stored by us and our authorized Service Providers in multiple locations, within Africa and including other regions if or when necessary, as reasonably necessary for the proper performance and delivery of our Services, or as may be required by law.

    We are committed to protect personal data in accordance with this Privacy Policy, reasonable and customary industry standards, and such appropriate lawful mechanisms and contractual terms requiring adequate data protection.

    1. Retaining Data

    How long we keep information we collect about you depends on the type of information, as described in further detail below, but will not keep it for longer than is reasonably necessary.  

    Your personal data is kept for as long as it is reasonably necessary for us to maintain and broaden our relationship with you, and provide you with our Services and offerings; in order to comply with our legal and contractual obligations; and to protect ourselves from any potential disputes; as required by laws applicable to our operations, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use, all in accordance with our contractual terms and data retention policy. 

    Please note that except as required by applicable law or our specific agreements with you, we will not be obligated to retain your personal data for any particular period, and we are free to securely delete it, anonymize it, or restrict access to it for any reason and at any time, with or without notice to you. 

    After such time, we will either delete or de-identify 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 is retained for as long as your account is active and a reasonable period thereafter in case you decide to re-activate your account on the Avita Platform.  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 the Avita Platform. 

    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 Avita Platform. 

    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 the Avita Platform, not to specifically analyze personal characteristics about you.

    If the Avita Platform is made available to you through an organization (e.g., your employer), we retain your information for as long as required by the administrator of your account.  

    If you have elected to receive marketing emails from us, we retain information about your marketing preferences for a reasonable period from the date you last expressed interest in the Avita services or Platform. We retain information derived from cookies and other tracking technologies for a reasonable period from the date such information was created.

    Please email us at hello@my-avita.com if you have any questions.  

    1. Data Sharing

    In exceptional circumstances we my provide to enforcement officials access to your personal data, in response to a subpoena, search warrant or court order (or similar requirement) and where such disclosure is necessary to comply with applicable laws and regulations. Such disclosure or access may occur if we believe in good faith that: (a) we are legally compelled to do so; (b) disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing; or (c) such disclosure is required to protect the security or integrity of our Services.

    We engage selected third-party companies and individuals to perform services complementary to our own. Such Service Providers may provide hosting and server co location services, communications and content delivery networks (CDNs), billing and payment processing services, data and cyber security services, fraud detection and prevention services, web and mobile analytics, e-mail, text messages and web/mobile notification distribution, monitoring and analytics services, data optimization and marketing services, social and advertising networks, content providers, e-mail, voicemails, support and customer relation management systems, call and session recording services, and our legal, financial and compliance advisors (collectively, “Service Providers“).

    These Service Providers may have access to your personal data, depending on each of their specific roles and purposes in facilitating and enhancing our Services, and may only use it for such limited purposes as determined in our agreements with them. Should you decide to directly engage with any of Avita’s Service Providers, please note that such engagement is beyond the scope of the terms applicable to your engagement with Avita, including this Privacy Policy, and will therefore be covered by the Service Provider’s terms and policies.

    Our Service Providers shall be deemed as ‘processors’ in circumstances where Avita assumes the role of ‘controller’; and where Avita acts as the ‘processor’, the Service Provider shall be deemed our ‘sub-processor’.

    Our Services may also include links to third-party websites, and integrations with third party services. Such websites and third-party services, and any information you process, submit, transmit or otherwise use with such websites and third-party services, are governed by such third party’s terms and privacy practices and policies, and not by this Privacy Policy. We encourage you to carefully read the terms and privacy policies of such website and third-party services.

    In order to provide our Services, we also share certain details about Users and Candidates with each other. This is required to connect between Users and Candidates based on job applications, preferences, location, profession, roles, work experience, or other parameters.

    In order to provide our Services, Users relating to the same Customer may elect to share personal data pertaining to Candidates with each other. This is required to assist in the recruitment process.

    We may share your personal data with others if we believe in good faith that this will help protect the rights, property, or personal safety of Avita, any of our Users, partners or Candidates, or any members of the general public.

    We may share personal data internally within our group of companies, for the purposes described in this Privacy Policy. In addition, should Avita or any of its subsidiaries or affiliates undergo any change in control or ownership, including by means of merger, acquisition or purchase of substantially all or part of its assets, your personal data may be shared with the parties involved in such an event. If we believe that such change in control might materially affect your personal data then stored with us, we will notify you of this event and the choices you may have via e-mail or prominent notice on our Services.

    For the avoidance of doubt, Avita may share your personal data in additional manners, pursuant to your explicit approval, or if we are legally obligated to do so, or if we have rendered such data non-personal and/or anonymous. We may transfer, share or otherwise use non-personal data at our sole discretion and without the need for further approval

    1. Cookies & Tracking Technologies

    Cookies are packets of information sent to your web browser and then sent back by the browser each time it accesses the server that sent the cookie. Some cookies are removed when you close your browser session. These are the “Session Cookies.” Some last for longer periods and called “Persistent Cookies.” We use both types.

    We use Persistent Cookies to remember your log-in details and make it easier for you to log-in the next time you access the Services. We may use this type of cookies and Session Cookies for additional purposes, to facilitate the use of the Services’ features and tools.

    Every browser allows you to manage your cookies preferences. Please bear in mind that disabling cookies may complicate or even prevent you from using certain parts of features of the Services. 

    Please note that if you get a new computer or device, install a new browser, erase or otherwise alter your browser’s cookie file (including upgrading certain browsers), you may also clear the opt-out cookies installed once you opt-out, so an additional opt-out will be necessary to prevent additional tracking.

    1. Communications

    We may send you notifications (through any of the means available to us, including by email, SMS or through our platform) of changes or updates to our Services, billing issues, service changes, etc. However, please note that you will not be able to opt-out of receiving certain service communications which are integral to the operation of our Services and your use thereof (like customer support communications).

    We may also notify you about new features, additional offerings, better ways to use the Services, events and special opportunities or any other information we think you will find valuable. We may provide such notices through any of the contact means available to us (e.g., phone, SMS, mobile notifications or e-mail), through the Services, or through our marketing campaigns on any other sites or platforms.

    If you do not wish to receive such promotional communications, you may notify us at any time by contacting us at hello@my-avita.com , or by following the “unsubscribe”, “stop”, “opt-out” or “change e-mail preferences” instructions contained in the promotional communications you receive.

    1. Data Security

    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 information, during transmission through the Internet or while stored on our systems or otherwise in our care, is completely safe from intrusion by others.

    We and our hosting services implement systems, applications and procedures to secure your personal data, and to reduce the risks of theft, damage, loss of data, or unauthorized access or use of personal data. These measures are aimed to provide sound industry standard security. However, although we make efforts to protect your privacy, we cannot guarantee that the Services will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.

    1. Data Subject Rights

    When you ask us to exercise any of your rights under this policy or applicable law, we may need to ask you to provide us certain credentials to make sure that you are who you claim you are, to avoid disclosure to you of personal data related to others and to ask you to provide further information to better understand the nature and scope of the data to which your request pertains. Such additional information will be then retained by us for legal purposes (e.g., as proof of the identity of the person submitting the request).

    We may redact from the data which we will make available to you, any personal data or confidential information related to others.

    1. Controller/Processor

    Avita is defined and acts as the “data controller” of User Profile Information, Usage Information (whether related to Users, Candidates, Visitors, investors, partners, and prospects), Video Data, CV Data, Candidate Profile Information, Website Visitor, CRM & Prospect Data (i.e., the relevant Usage Information, Business Account Information, and Information Concerning our Prospects), Communications Data, and other personal data pertaining to our investors, visitors, and prospects, and assumes the responsibilities of a controller (solely to the extent applicable under the law), as set forth in this Privacy Policy. In such instances, our Service Providers processing such data will assume the role of “processor”. Avita is the “data processor” of Recruitment Process Data, whether related to a User or Candidate. In such instances, our Customers shall be deemed the “data controller” of such data, and Avita will process such data on the Customers’ behalf, as its “data processor”, in accordance with its reasonable instructions, and the commercial and data processing agreements executed between Avita and such Users (as applicable). Avita’s Service Providers shall then act as designated sub-processors in these instances. Avita’s Customers will be responsible for meeting any legal requirements applicable to controllers (such as obtaining their consent or establishing other legal basis for processing).

    1. Additional terms 

    We may update and amend this Privacy Policy from time to time by posting an amended version on our applicable platforms. The amended version will be effective as of the date it is published. 

    While our Services may contain links to other websites or services, we are not responsible for their privacy practices. We encourage you to pay attention when you leave our Services for the website or application of such third parties, and to read the privacy policies of each and every website and service you visit. This Privacy Policy applies only to Avita’s Services.

    Our Services are not designed to attract children under the age of 16: We do not knowingly collect personal data from children and do not wish to do so. If we learn that a person under the age of 16 is using the Services, we will attempt to prohibit and block such use and will make our best efforts to promptly delete any personal data stored with us with regard to such child. If you believe that we might have any such data, please contact us by e-mail at hello@my-avita.com