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
2. Restrictions and Responsibilities
3. Account Cancellation and Termination
4. Billing, Pricing, Payments and Renewals
5. Privacy and Proprietary Rights
6. Confidential Information
7. Disclaimer of Warranties; Limitation of Liability
Without derogating from the generality of the above:
10. Updates or Modifications to the Terms and Conditions
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.
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 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.
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.
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 –
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-
We collect the following types of personal data concerning our website visitors, Users, Candidates, partners, investors and prospects–
(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.
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:
Please contact us at email@example.com if you wish to withdraw your consent at any time.
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.
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 firstname.lastname@example.org if you have any questions.
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“).
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’.
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.
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
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.
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 email@example.com , or by following the “unsubscribe”, “stop”, “opt-out” or “change e-mail preferences” instructions contained in the promotional communications you receive.
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.
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.
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 firstname.lastname@example.org