Institutions will refer to their Data Processor Agreement Addendum.
Avant Assessment, LLC is the controller and responsible for your personal data (collectively referred to as “Company”, “we”, “us” or “our” in this privacy notice).
We have appointed a designated individual responsibility for data privacy who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact this individual using the details set out below.
Name: Michael Woodmansee
Email address: firstname.lastname@example.org
Unsubscribe email address: email@example.com
Avant Assessment, LLC
940 Willamette Street, #530
Eugene, OR 97401
Section 1. Your Agreement.
Section 2. Information We Collect.
When you use the Sites, AVANT receives and collects information, including personal information. “Personal Information” includes any information you provide us that could reasonably be used to personally identify you. The data we collect depends on the products and features you use, and could include the following types information, some of which may include Personal Information:
2.1 Information You Provide Directly to AVANT.
2.2 Technical Information.
We collect information about how you and your device interact with the Sites and our products, including, for example: (1) referring source (i.e., the site you visited prior to visiting the Sites; (2) date and time of access to Sites; (3) Site pages visited and Site features used, and the order of use; (4) type of computer or other operating device accessing Sites, type of browser used to access Sites, and type of operating system you use; and (5) other similar information about the interaction between your browser and Sites (“Technical Information”). We collect and store Technical Information through information gathering tools such as cookies, web beacons, and other similar technologies.
Most browsers automatically accept cookies, but you can block cookies at any time by changing the preferences in your browser and/or delete cookies from your hard drive or other operating device. You can also have the browser notify you when you receive a new cookie. Please refer to your browser for information on how to disable and control cookies. If you choose to block or delete cookies, our Sites may not function properly on your computer or other operating device, and certain features may not be available to you.
In addition to browser cookies, we may use other locally stored objects (sometimes referred to as “flash cookies”) stored in your hard drive or other operating device. These flash cookies will not be deleted when you delete cookies from your browser, and even if you set your browser to not accept cookies, these cookies will still be stored on your hard drive or other operating device when you use our Sites. We may use this technology for purposes such as information security and fraud prevention, and to collect and store information about your preferences and navigation to, from, and on our Sites. We do not use this technology for online behavioral advertising purposes. If you choose to disable or otherwise control flash cookies, our Site may not function properly on your computer or other operating device, and certain features may not be available to you.
(b) Web Beacons. We may use web beacons (also called clear GIFs or pixel tags) or similar technologies to collect technical information about your use of the Site and your viewing and use of emails we send to you. Web beacons are graphic image files embedded in a web page, Site feature, or email that provide a presence on such web page, feature, or email and send back to its home server information from the user’s browser. The information collected by web beacons allows us to statistically monitor how many people are using the Sites and opening our emails, and for what purposes. For example, we might place a web beacon in a marketing email to notify us when a user clicks on the link in the email. We do not collect Personal Information with web beacons, and we do not link information retrieved from web beacons directly with Personal Information you have given us.
Section 3. Information Provided with Third-Party Consent.
We collect information with the consent of third-party partners, e.g. schools, school districts and private businesses, including, in some circumstances, Personal Information. In such circumstances, AVANT collects and uses information made available to us pursuant to the terms of a user agreement, license agreement or other binding contract with such third-party partners. If you are using our Sites pursuant to an agreement between us and one of our third-party partners, you should contact the third-party partner regarding the terms of such agreement prior to using our Sites.
Section 4. How AVANT Uses Your Personal Information.
Where your use of our Site is pursuant to a third-party partner relationship, we will use your Personal Information for the purpose(s) set forth in the applicable agreement with a third-party partner. Personal Information collected for such purposes shall be used with the objective of fulfilling those purposes, for other compatible purposes such as generally improving instruction, general learning purposes, or as otherwise permitted by law. We also use Personal Information as described elsewhere in this Policy, including to provide our Sites and their features and to send you communications.
4.1 Providing and Supporting our Sites
We use your Personal Information to provide and support the operation of our Sites, including:
Purpose / Activity
Type of data
Lawful basis for processing including legitimate interest to do so
To provide services and manage our relationship with you
To include providing you with information you request, satisfaction surveys, changes to our services/ products or this privacy notice.
Marketing and Communications
Performance of a contract
Our legitimate interests to provide the services you require, keep you updated and receive feedback
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance and reporting)
Our legitimate interests to run our business, provision of administration and IT services, network security, to prevent fraud or access to the data we hold
To deliver relevant website content and advertisements to you and to measure or understand the effectiveness of the advertising we serve to you
Marketing and Communications
Our legitimate interests to run our business, keep our website and marketing relevant and updated, develop our business and inform our marketing strategy
To use Data Analytics to improve our website, services and marketing
Our legitimate interest to develop and grow our business and ensure marketing you receive is relevant
To make suggestions and recommendations to you about services/ products that may be of interest to you
Our legitimate interest to develop and grow our business
We may use your Personal Information to provide you information about AVANT’s products or services that may be of interest to you. We will never share your Personal Information with a third party for their own marketing uses, except: (1) where you consent to such information sharing or (2) as otherwise described in this Policy.
If we use your Personal Information to send you marketing communications, we will provide you with an unsubscribe mechanism to opt-out of receiving future marketing communications, or you can contact us to request that we not send you marketing communications. If you request that we not contact you for marketing purposes (either by using the unsubscribe mechanism or contacting us), we reserve the right to contact you for non-marketing purposes relating to your account or other use of our Sites.
Section 5. Information Shared with Third Parties.
Except in the circumstances described in this Policy, AVANT does not share, sell, rent, license, trade, or otherwise transfer or disclose your Personal Information with or to third parties for their promotional purposes. We may share aggregate or de-identified information without restriction.
5.1 Our Third-Party Service Providers.
We share information with our third- party service providers who assist us by performing services related to our operation of our Sites (such as hosting, data storage, and security).
5.2 Third-Party Analytics Services.
We may use third-party analytics services to assist us in better understanding users of our Sites. For example, we use these services to track and analyze certain information, such as feature usage. We only ever provide these service providers with (or allow these service providers to collect on our behalf) the technical information described in Section 2.2. We use the information collected from these service providers to make the Sites better and easier to use. The information we receive from these third parties may be re-associated with your Personal Information after we receive it back from these third parties.
5.3 Merger, Acquisition, or Sale.
5.4 Required by Law.
AVANT reserves the right to release your information if AVANT believes in good faith that (i) such release is required to comply with any law, rule, or regulation, or any search warrant, subpoena, court order, or similar legal process; or (ii) disclosure is necessary to protect or enforce AVANT’s rights or property, to protect the rights or property of others, to protect your safety or the safety of others, in emergency situations, to defend against legal claims, to enforce our contractual or other rights, or to take action regarding illegal activities or suspected fraud.
Section 6. Controlling Your Information.
6.1 Marketing Communications.
See Section 4.2 above regarding how to opt
out of receiving marketing communications.
6.2 California Residents:
Under California Civil Code sections 1798.83-.84, California residents are entitled to ask for a notice identifying the categories of personal customer information that we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to:
Avant Assessment, LLC
940 Willamette Street, Suite 530 Eugene, OR 97401
6.3 Retention and Storage of Information.
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, or to satisfy any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances you can ask us to delete your data: see Request erasure below for further information.In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for use in the aggregate, or for research, statistical purposes, or to improve the Sites, in which case we may use this depersonalized information indefinitely without restriction or further notice to you.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
6.4 Do Not Track
AVANT does not track its users over time and across third-party websites to provide interest-based advertising and therefore does not respond to Do Not Track signals.
Section 7. Links to Third-Party Websites.
This Policy applies only to information collected through your use of our Sites. The Sites may contain links to other websites, products, or services that are not owned or controlled by AVANT. AVANT is not responsible or liable for the privacy practices or other actions of these third parties or their websites, products, or services. These third parties may have their own privacy and security policies. You should review such policies to determine what information about you may be collected and used when you use these linked websites, products, or services.
Section 8. Security of Information; Disclaimer.
We have generally-accepted industry standard physical, electronic, and procedural security measures in place to protect against the loss, misuse, and unauthorized access, disclosure, alteration, and destruction of information we collect and store. These safeguards include encryption of data during transmission, firewalls, intrusion detection, vulnerability scans, and other security measures. The safety and security of your Personal Information also depends on you. You should not send us sensitive information via email, as this is not secure. Please notify us if you become aware that your Personal Information is lost, stolen, or used without permission. We cannot guarantee that your information will never be compromised. No Internet or wireless network transmission is ever 100% secure, and no security system can prevent all security breaches. While we employ reasonable measures to protect your information, we do not and cannot guarantee that there will be no unintended disclosures of your information or that unauthorized third parties will not defeat our security measures or use non-public information for improper purposes.
Section 9. Children’s Privacy.
Children under the age of 18 are permitted to use the Sites in circumstances where a third-party partner has consented to such use on behalf of such child. If we learn that we have received information from a child under age 18 in violation of this Policy, we will delete that information from our files.
Section 11. Unenforceability.
If any part of this Policy is determined to be invalid, illegal, or unenforceable, pursuant to applicable law, then the invalid, illegal, or unenforceable provision will be deemed superseded by a valid, legal, and enforceable provision that most closely matches the intent of the original provision, and the remainder of this Policy shall continue in full force and effect.
Section 12. Policy Updates.
We may update this Policy in our discretion. We will post any new Policy here, and you should review this Policy regularly to make sure you are aware of its terms. You can determine if this Policy has been revised since your last visit to our Sites by referring to the effective date. We may provide notification of significant changes to this Policy through our Sites. Your use of the Sites following a revision to this Policy constitutes your acceptance of and agreement to the Policy, as revised by us.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience particularly in compliance with our agreed terms and conditions with you (in the case of clients of Avant Assessment), or agreed terms of business (in the case of contractual requirements) or in any other circumstances where we hold your data. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data.
You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Avant will honor the rights of all data subjects regarding their personal data, including the right to be forgotten, when the data is no longer needed for its original purpose or the user withdraws their consent. When a customer asks Avant that he or she be forgotten, we will delete their personal data (e.g., name, surname, mailing address, telephone number) from our production systems within 30 days if there are no legal grounds for processing it further.
We will delete backup copies of that personal data from our archives as soon as is practically possible, to the extent allowed by our other data retention obligations (e.g., to protect other data stored in the same backup archives, or meet other regulatory or legal requirements). As soon as those obligations have been fulfilled, we will permanently delete those archives as quickly as possible.
Avant will also retain audit logs showing the history of all operations on the customer’s personal data for the period required by legal obligations. Certain items the user might consider personal data may be retained according to the Terms of Service that the user agreed to. Avant will always take reasonable steps to keep all personal data secure and inaccessible to unauthorized individuals.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please do contact us.
© 2018 Avant Assessment, LLC All Rights Reserved.