1. Introduction
This Policy applies to all personal information received by AvePoint, Inc. (including its controlled U.S. subsidiaries AvePoint Public Sector, Inc. and AvePoint Holdings USA, LLC) from residents of the European Union, the United Kingdom or Switzerland. In most cases, the data we receive will be in electronic form and relates to our customers. It may include personal information about our customers’ employees, business contacts, clients, and any other individuals with whom our customers have dealings. When we receive and process personal information provided to us by our customers, we do so as “data processors” acting on the instructions of our customers and/or the court system.
2. Definitions
1. Collectively, “Information” means “Personal Information” that (1) is transferred from the European Union and the United Kingdom or Switzerland to the United States; (2) is recorded in any form; (3) is about, or pertains to a specific individual; and (4) can be linked to that individual; and/or Sensitive Personal Information.
2. With regard to information received by AvePoint from residents of the EU and the United Kingdom, “Sensitive Personal Information” shall mean Personal Information that reveals race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, trade union membership, or that concerns an individual’s health.
3. With regard to information received by AvePoint from residents of Switzerland, “Sensitive Personal Information” shall mean Personal Information specifying medical or health conditions, personal sexuality, racial or ethnic origin, political opinions, religious, ideological or trade union-related views or activities, or information on social security measures or administrative or criminal proceedings and sanctions, which are treated outside pending proceedings.
4. “Agent” is any third party that collects, uses, or stores Information in support of AvePoint engagements.
3. Privacy Shield Principles
Besides AvePoint’s compliance with the Standard Contractual Clauses (“SCCs”) into which AvePoint has entered with all of its affiliated companies worldwide, the practices to which AvePoint is committed are based on the EU-U.S. Privacy Shield Principles and the Swiss-U.S. Privacy Shield Principles negotiated between the European Commission and the responsible Swiss government agency, respectively and the United States Department of Commerce (collectively, the “Privacy Shield Principles”). AvePoint’s execution of these principles may be limited in certain circumstances, in particular:
(a) where there is a conflicting or overriding legal
obligation;
(b) to the extent expressly permitted by any applicable law, rule or
regulation; or
(c) where AvePoint receives personal information as a “data
processor” acting on the instructions of a customer. As AvePoint will be receiving personal
information from the EU and the United Kingdom and/or Switzerland in this case merely for
processing, its principle obligations are limited to onward transfer, security, access, and
enforcement. AvePoint’s customer remains responsible for notice, choice, and
data integrity.
Notice: AvePoint receives data to be processed and/or stored, the contents of which may, or may not be Information. Notice will be provided in clear language when individuals are first asked to provide Information to AvePoint, or as soon as practicable thereafter, and in any event before AvePoint uses such Information for a purpose other than that for which it was originally collected or processed by the transferring organization, or discloses it for the first time to a third party.
Choice: Where AvePoint is the collector of Information and Choice is permissible, it will offer individuals the opportunity to choose (opt-out) whether their Information is:
(a) to be disclosed to a third party (unless that disclosure is allowed or required
by contract), or
(b) to be used for a purpose that is not consistent with the
purpose for which that Information was originally collected, or subsequently authorized by the
individual.
AvePoint will provide individuals with reasonable mechanisms to exercise their choices.
Onward Transfers: In the event AvePoint transfers Information, it will obtain assurances from its Agents, prior to such transfer, that they will safeguard the Information in a manner consistent with this Policy. Every Agent utilized enters into a contractual relationship with AvePoint, which includes confidentiality and non-disclosure clauses, and provides the same level of commitment to and protections, as required by the Privacy Shield Principles. AvePoint remains responsible and liable under the Privacy Shield Principles if Agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Privacy Shield Principles, unless AvePoint can prove that it is not responsible for the event giving rise to the damage.
Security: AvePoint takes adequate and reasonable administrative, technical, and physical precautions to protect Information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction. AvePoint utilizes commercially accepted security equipment, techniques, and procedures to control, monitor and record access to any facility containing Information.
Data Integrity: AvePoint will use Information only in ways that are relevant and compatible with the purpose for which that information was collected or provided to AvePoint. AvePoint will take reasonable steps to ensure that all data collected, processed and/or stored is protected from destruction, corruption, or use in a manner inconsistent with the purpose for which it received the information.
Access: Upon request, and where permissible by law and purpose for which it possesses the Information, AvePoint will grant individuals reasonable access to Information that it holds about them. In addition and where permissible, AvePoint will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete, except where the burden or expense of providing access would be disproportionate to the risks of the individual’s privacy, or where the rights of another individual may be violated. A reasonable fee may be charged as compensation for our expenses incurred in accessing, changing, or deleting the personal information.
Enforcement: AvePoint will conduct compliance audits at least annually of its relevant privacy practices to verify adherence to this Policy and its Privacy Policy, available under https://www.avepoint.com/company/privacy-policy. Further, AvePoint will conduct follow up investigations to verify that attestations and assertions regarding practices are true. Violations and/or complaints may be made to AvePoint via email to Privacy@AvePoint.com and AvePoint engages in training to support implementation and compliance. Any employee that AvePoint determines is in violation of this Policy will be subject to disciplinary action.
Dispute Resolution: In compliance with the Privacy Shield Principles, AvePoint commits to resolve complaints about our collection or use of your personal information. EU, United Kingdom and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact our General Counsel at the address given below. AvePoint will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Information in accordance with the principles contained in this Policy. For complaints that cannot be resolved between AvePoint and the complainant directly, AvePoint has chosen to cooperate with Data Protection Authorities (DPA) located in the EU (or their authorized representatives) and the Swiss Federal Data Protection and Information Commissioner (“Commissioner”), respectively, and comply with the information and advice provided to it by an informal panel of DPAs and/or the Commissioner in relation to such unresolved complaints (as further described in the Privacy Shield Principles). If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit http://ec.europa.eu/justice/data-protection/bodies/index_en.htm, where you can find the relevant DPA and/or Commissioner contacts for more information or to file a complaint. The use of this process will be free of charge for any EU, United Kingdom or Swiss individual. As further explained in the Privacy Shield Principles, a binding arbitration option will also be made available to you in order to address residual complaints not resolved by any other means. AvePoint is subject to the enforcement powers of the U.S. Federal Trade Commission (FTC). To learn more about the Privacy Shield program, and to view AvePoint’s certification, please visit https://www.privacyshield.gov.
4. Contact Information
Please refer all questions or comments regarding this Policy to:
AvePoint, Inc.
Office of the General Counsel
901 East Byrd Street, Suite 900, Richmond, VA
23219
Privacy@AvePoint.com
This Privacy Shield Policy is available at http://www.avepoint.com/company/privacy-shield-policy
5. Changes To This Privacy Shield Policy
This Policy may be amended from time to time to remain consistent with the requirements of the Privacy Shield Principles and other applicable laws.
The effective date of this Privacy Shield Policy is: April 1, 2022