Privacy Policy

This Privacy Policy (“Policy“) applies to the information that Avava, Inc. (herein, “AVAVA,” “Company,” “we,” “us,” or “our“) collects and uses about you when you access the AVAVA site (the “Site“).

hen you visit the Site, you are visiting the AVAVA corporate website. AVAVA and its affiliates and subsidiaries may operate other websites, mobile applications, and other services associated with AVAVA’s various businesses, brands, and products (collectively the “Services”). Each of those properties and services may have its own privacy notice, which may differ from this Policy due to the nature of those properties and services. Unless otherwise provided in this Policy, this Policy does not apply to the websites, mobile applications, and other services operated by AVAVA affiliates and subsidiaries.

Additionally, when you provide information to us on a third-party site or platform (for example, via our applications), the information you provide may be separately collected by the third-party site or platform. The information we collect is covered by this privacy policy, and the information the third-party site or platform collects is subject to the third-party site or platform’s privacy practices. Privacy choices you have made on the third-party site or platform will not apply to our use of the information we have collected directly through our applications. Please also keep in mind that our sites and applications may contain links to other sites not owned or controlled by us and we are not responsible for the privacy practices of those sites. We encourage you to be aware when you leave our sites or applications and to read the privacy policies of other sites that may collect your personal information.

This Policy describes the types of information we obtain about visitors, how we use the information, and with whom we share it. We also describe the measures we take to protect the security of the information and how you can contact us about our privacy practices. The Site is for a general audience, are not targeted to anyone under 18, including children, and we do not knowingly collect personal information from anyone under 18 years of age, including children under 13 years of age.

WHAT INFORMATION DO WE COLLECT?
We collect information in multiple ways, including when you provide information directly to us and when we passively collect information from or about you, such as from your browser or device. We may combine all of the information we collect from or about you from these various sources.

Information You Provide Directly to Us. We will collect any information that you provide to us, including still or video images provided through the Site, applications, or any other means. For example, if you contact us, we will collect certain information, including without limitation personal information that identifies you (whether directly or indirectly), such as your name, email address, company name, phone number, location, and the contents of any message you send; if you are a AVAVA investor, we will collect information you may submit for stockholder benefits.

Information We Collect Through Automated Means. We also collect information through automated and technical means as you browse our sites, use our apps, or otherwise use the Services. We may collect information whether or not you are logged in or registered, and may associate this tracking data with your registration account (if you have one), in which case we will treat it as personal information. Service providers that collect tracking data on our behalf may provide an opportunity for you to choose not to be tracked online.

Website Usage Information. As you browse the Site, we and our service providers (which are third party companies that work on our behalf to provide and enhance the Site and the Services) use a variety of technologies, including cookies and similar tools, to assist in collecting information about how you and any person(s) you authorize through your account, use the Site and our applications, such as the content you view or post, how often you use our services, and your preferences. For example, our servers automatically record certain information in server logs. These server logs may include information such as your web request, IP address, browser type and settings, referring / exit pages and URLs, number of clicks and how you interact with links on the Site, domain names, landing pages, pages viewed, mobile carrier, mobile device identifiers and information about the device you are using to access the Site, date and time stamp information and other such information.
Location Information. We collect and process general information about the location of the device from which you are accessing or interacting with the Site or associated with your IP address or other online or device identifier, applications, or physical properties (e.g., approximate geographic location inferred from an IP address).
Cookies and Other Tracking Technologies. We and our service providers may also collect data about your use of the Site and Services through the use of Internet server logs and online tracking technologies, like cookies, tracking pixels, tags, software development kits, and/or application program interfaces. A web server log is a file where website activity is stored. A cookie is a small text file that is placed on your computer when you visit a website, that enables us to: (a) recognize your computer; (b) understand the web pages of the Services you have visited; (c) enhance your user experience by delivering content and advertisements specific to your inferred interests; (d) perform searches and analytics; and (e) assist with security administrative functions. Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads and/or email, and that are designed to provide usage information like ad impressions or clicks, measure popularity of the Services and associated advertising, and to access user cookies. We and our service providers may also include Web beacons in email messages, newsletters and other electronic communications to determine whether the message has been opened and for other analytics, personalization and advertising. As we and our service providers adopt additional technologies, we may also gather additional information through other methods. Please note that you can change your settings on/through your devices and web browsers to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). Please note that by blocking any or all cookies, you may not have access to certain features or offerings of the Services.

In additional to the above, we also collect:

Registration information you provide when you create an account, enter a promotion, or link your profile on a third-party site or platform with your registration account, such as your first name and surname, country of residence, gender, date of birth, email address, username, and password;
Transaction information you provide when you request information or contact us for any other reason, or purchase, return, request, or exchange a product or service from us, such as your postal address, telephone number, and payment information;
Information you provide in Public Forums on our sites and applications, such as your public posts. “Public Forums” are message boards, conversation pages, blogs, chat rooms, social community environment, profile pages, and other forums provided on our sites and applications that do not have a restricted audience. If you provide personal information when you use any of these features, that personal information may be publicly posted and otherwise disclosed without limitation as to its use by us or by a third party.
Information sent either one-to-one or within a limited group using our message, chat, post, or similar functionality, where we are permitted by applicable law to collect this information;
Information we obtain from a third party, such as a site or platform provider, about use of our applications on third-party platforms or devices;
Still or video images captured by cameras or readers on or around our physical properties; and
Call recordings when you call our physical properties or other services phone numbers.

HOW DO WE USE THE INFORMATION COLLECTED?
We may use the information we collect from and about you for the following purposes:

For the purposes for which you provided it;
To conduct clinical and business research and for other uses by our clinical and business research teams;
To maintain, provide, and improve the Site;
To prevent or address technical or security issues;
To send you information or other communications, such as newsletters;
To process and respond to your inquiries or to request your feedback;
To identify you by your device(s) and to match your device(s) with other browsers or devices you use for the purpose of providing relevant and easier access to content and other operational purposes;
To engage in internal analytics, research, and reporting;
To deliver relevant content and advertising, and target advertisements to you both on and off of our Services;
To comply with the law and protect the safety, rights, property, or security of AVAVA, the Site, and the general public; and
To enforce the legal terms that govern your use of the Site.

Please note that we may combine information that we collect from or about you (including automatically collected information) with information we obtain about you from our affiliates, subsidiaries, and/or unaffiliated third parties, and use such combined information in accordance with this Policy.

We may aggregate and/or de-identify information collected through the Site. We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and analytics, and may also share such data with any third parties, including partners, affiliates, subsidiaries, services providers, and others.

HOW AND WHEN DO WE SHARE INFORMATION WITH THIRD PARTIES?
We may disclose and/or share your information under the following circumstances:

Affiliates and Subsidiaries. We may share the information we collect within the AVAVA family of companies.
Service Providers. We may provide access to or share your information with select entities that use the information only to perform services on our behalf. These service providers provide a variety of services to us, including without limitation sales, marketing, provision of content and features, analytics, data storage, security, fraud prevention, and other services.
Business Transactions. When we share your personal information with third parties in connection with the sale of a business, to enforce our Terms of Use or rules, to ensure the safety and security of our guests and third parties, to protect our rights and property and the rights and property of our guests and third parties, to comply with legal process, or in other cases if we believe in good faith that disclosure is required by law. If the ownership of all or substantially all of our business changes, we may transfer your information to the new owner so that the Site can continue to operate. In such case, your information would remain subject to the promises and commitments contained in this Policy until such time as the acquiring party modifies it. If such transfer is subject to additional mandatory restrictions under applicable laws, AVAVA will comply with such restrictions.
Your Consent and/or Direction. When you allow us to share your personal information with another company by electing to share your personal information with carefully selected companies for any reason, including so that they can send you offers and promotions about their products and services. When you direct us to share your personal information with third-party sites or platforms, such as social networking sites. Please note that once we share your personal information with another company in the above circumstances, the information received by the other company is controlled by that company and becomes subject to the other company’s privacy practices.

We do not sell your identifying information such as your name, email address, phone number, or postal address. Some of our brands share identifiers such as cookies and the advertising identifier associated with your mobile or internet-connected device with our advertising partners, and those partners use and share those identifiers to show advertisements that are targeted to your interests. Where a brand or site does this, it will give you the opportunity to opt out by clicking the “Do Not Sell My Info” link on the home page of the relevant website, mobile and online application, or other service. Please note that when you use these tools on our websites, you will need to renew your choices if you clear your cookies or use a new browser or device.

WEBSITE ANALYTICS AND DO-NOT-TRACK

Website Analytics. We may use third-party web analytics services on our Site to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; and provide certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.
Notice Concerning Do Not Track. Do Not Track (“DNT“) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our Site for third party purposes. However, we do not currently recognize or respond to browser-initiated DNT signals. To learn more about Do Not Track, you can do so here.

ONLINE ADVERTISING

We may use third-party networks and advertising technologies that allow for the delivery of advertising about AVAVA on other websites you visit. We may share with these third parties (or they may directly collect) data such as cookie and mobile ad identifiers in order to engage in advertising activity (including to understand how you respond to our advertisements). If you are interested in more information about how you can generally control cookies from being put on your computer to deliver certain types of advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link, the Digital Advertising Alliance’s Consumer Opt-Out link, or Your Online Choices to opt-out of receiving tailored advertising from companies that participate in those programs.

DATA SECURITY
We take reasonable administrative, technical, and physical security measures to protect against the loss, misuse, and/or alteration of your information. These safeguards vary based on the sensitivity of the information that we collect and store. However, we cannot and do not guarantee that these measures will prevent every unauthorized attempt to access, use, or disclose your information since despite our efforts, no Internet and/or other electronic transmissions can be completely secure.

DATA TRANSFERS
The Site is operated in the United States. If you are located in the European Union or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using the Site, participating in any of our Services and/or providing us with your information, you consent to this transfer.

DATA RETENTION
We will hold your information for as long as necessary to fulfill the purposes set forth in this Privacy Policy or as long as we are legally required or permitted to do so. Information may persist in copies made for backup and business continuity purposes for additional time.

YOUR RIGHTS AND CHOICES
Subject to applicable law, you may have certain rights with respect to your personal information, including the rights to access, review, update, delete, and correct inaccuracies in your personal information:

California Shine the Light Disclosure. The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.

California Consumer Privacy Act. If you are a California resident please review these additional privacy disclosures, which provide a summary of how we collect, use, and disclose personal information from you and also explains additional your rights under California law.

We collect the categories of personal information as described in the “What Information Do We Collect?” section. We collect this information from you, your devices, or as otherwise described in this policy. We use these categories as described in “How Do We Use the Information Collected?” section and disclose these categories of personal information for business purposes as described in the “How and When Do We Share Information With Third Parties” section.

Your Rights:
Under the California Consumer Privacy Protection Act (CCPA), California residents have the right to request access to or deletion of their personal information; to request additional details about our information practices; to opt out of the “sale” of their personal information; and to not be discriminated against for exercising these rights.

Access:
You may request access to the specific pieces of personal information we have about you from the Site. You may also request additional details about our information practices, including the categories of personal information we collect, the sources of information, how and when we share information with third parties, the types of personal information we share for business purposes, and details about the information we have sold, if any.

Editing and Deletion:
You may review, modify, and delete your personal information. Upon receipt of your request to exercise your rights to access and delete your personal information, we will verify your identity to protect your security and personal information. After submitting a request, please monitor your email for verification instructions. Note that even if we honor your request to delete your information, we may retain certain information as required or permitted by law.

Do Not Sell My Personal Information:
Some of our brands may share your personal information with advertising partners so that they can show advertisements on our properties, and these advertisements may be targeted to your interests, which may constitute a “sale” under California law. Where a brand does this, it will give you the option to opt out of disclosures for these purposes by following the “Do Not Sell My Personal Info” link on the homepage or download page of the relevant website, mobile app, or other service.

Exercising Your Rights
To exercise your rights under the CCPA, please contact us at info@avavaskin.com or write to us at:
AVAVA, Inc.
275 Second Avenue
Floor 3
Waltham, MA 02451 USA
Attn: Administrator (Re: Privacy Rights)

EU Data Subject Rights. Where we process your personal data, you have a number of rights over how the data is processed and can exercise these rights at any point in time by contacting us at info@avavaskin.com or write to us at:
AVAVA, Inc.
275 Second Avenue
Floor 3
Waltham, MA 02451 USA
Attn: Administrator (Re: Privacy Rights)

For additional information about the privacy rights and choices provided by AVAVA affiliates and subsidiaries not listed above, please review our affiliates’ and subsidiaries’ own privacy notices or policies.

LINKS TO AFFILIATES, SUBSIDIARIES, AND THIRD-PARTY SITES, APPS, AND SERVICES
For your convenience and information, the Site may provide links to AVAVA affiliates’ and subsidiaries’ sites, including their careers sites, apps and services, as well as those of third parties that may be operated by companies not affiliated with AVAVA.

As described in the “Your Rights and Choices” section, our affiliates and subsidiaries have their own privacy notices or policies, which we strongly suggest you review before accessing or using them.

Third-party sites may carry advertisements or offer content, functionality, newsletters or applications developed and maintained by those unaffiliated third-party companies. We are not responsible for the privacy practices of any non-AVAVA sites, apps or services.

CHANGES TO OUR PRIVACY POLICY
We reserve the right to amend this Policy at any time to reflect changes in the law, our data collection and use practices, the features of our Site, or advances in technology. We will make the revised Policy accessible through the Site, so you should review the Policy periodically. If we make a material change to the Policy, we will comply with applicable legal requirements regarding providing you with notice and/or consent.