Privacy Notice for the Adverity Website

Purpose of this notice
1. This Privacy Notice is issued on behalf of the following affiliated company of the Adverity Group: Adverity GmbH
2. The Adverity Group is made up by different affiliated companies spread around the world. You can read more about the Adverity Group, its affiliated companies and their respective contact details here).
3. In the context of this Privacy Notice, the terms "Adverity," "we," "us," or "our" refer specifically to Adverity GmbH. The purpose of this Privacy Notice (this "Notice") is to explain which personal data are collected when you visit our website www.adverity.com (our "Website") and how this data is processed by Adverity GmbH, acting as the data controller.
4. This Notice is addressed to any visitor of our Website ("data subject" or "you").
5. We process your personal data in accordance with the EU General Data Protection Regulation ("GDPR") and applicable national data protection laws. Unless otherwise defined in this Notice, the terms used herein shall have the same meaning as defined in the GDPR.
What personal data we collect and how we use it
1. When you use our Website we may process those personal data which you voluntarily provide to us (e.g. by means of our contact form).
2. However, you can also visit our Website without actively providing us with information about you. In this case we collect certain data that your browser transmits to our website server (i.e. log files) as well as data that we collect via the use of cookies or similar technologies.
3. The following explanations shall serve to inform you about the different ways we may collect personal data about you on our Website and for what lawful purposes we may use them.
4. Personal data you actively disclose to us
  1. When you actively communicate with us via our Website, we process those personal data that you voluntarily provide to us. In particular, this relates to our following services:
    - Contact and chat forms: When you choose to contact us via the contact form or chat form provided on our Website, the personal data you provide to us (e.g. name, email address, correspondence) will be processed for the purpose of answering your questions, fulfilling your requests or otherwise communicating with you (Art 6 (1) b GDPR - performance of (pre-)contractual duties),
    - Job applications: When you choose to contact us in order to apply for job opportunities posted on our Website the personal data you provide to us (e.g. name, contact data, application letter, CV data, photograph, certificates and references, etc.) will be processed for the purpose of reviewing your application and considering it in the recruitment process for the open position (Art 6 (1) b GDPR - performance of (pre-)contractual duties),
    - Newsletter: If you have subscribed to our Newsletter via our Website, the personal data you provide to us (e.g. name, email address, product preferences) will be processed for the purpose of sending you the requested newsletter including customized information about our products and available promotions. If you no longer wish to receive the Newsletter, you can unsubscribe at any time by clicking the respective link in each Newsletter that you receive from us or send us your request for withdrawal by email (Art 6 (1) a GDPR - consent),
    - Demo-Request: If you have sent us a demo-request using the appropriate form, the personal data you provide (e.g. name, e-mail address, job title, company name, telephone number) will be processed to provide you with the desired demonstration of our products by one of our employees. She/He will contact you to arrange an appointment for the demonstration (Art 6 (1) b GDPR – performance of (pre-)contractual duties),
    - Free trial: If you wish to try Adverity for free using the appropriate form on our Website, the personal data you provide (e.g. name, e-mail address, job title, company name, telephone number, country) will be processed to provide you with the desired free trial (Art 6 (1) b GDPR – performance of (pre-)contractual duties),
    - Downloading Resources: If you provide us with your personal data (e.g. name, email address, company name) in the course of downloading one or more of our resources, they will be processed – depending on your choice – for the purpose of:
      - sending you the requested newsletter including customized information about our products and available promotions. If you no longer wish to receive the Newsletter, you can unsubscribe at any time by clicking the respective link in each Newsletter that you receive from us or send us your request for withdrawal by email (Art 6 (1) a GDPR – consent), and/or
      - to provide you with the desired demonstration of our products by one of our employees. She/He will contact you to arrange an appointment for the demonstration (Art 6 (1) b GDPR – performance of (pre-)contractual duties), and/or
      - for the purpose of direct advertising or other forms of marketing or advertising (Art. 6 (1) f GDPR – legitimate interest of Adverity GmbH).
  2. Some of the data we request in connection with our above services may be marked as mandatory fields. If you do not provide the data required for the requested service we may not be able to process your request or provide our services.
5. Log files
  1. You may also visit our Website without actively providing us with information about you. In this case we collect certain data that your browser transmits to our website server (i.e. log files).
  2. Our log files contain the following information: (i) date and time of retrieval of our Website, (ii) type, version and settings of your web-browser, (iii) your operating system and internet service provider, (iv) requested pages and files, (v) website used prior to visiting our Website as well as (vi) your IP-address. The IP address is a specific number assigned to your computer which enables your device to communicate in a network using the Internet Protocol (IP). IP addresses may qualify as personal data as they technically allow the identification of the user in certain circumstances.
  3. The processing of these log files is necessary for us to maintain the functionality, stability and security of our Website. We may also process them for the purpose of forensic investigations in the case of a security incident or in order to generate user statistics. For statistical purposes your IP address is used in anonymized form only.
    
    Legal basis: Art 6 (1) f GDPR (legitimate interest in maintaining functionality, stability and security of our Website)
6. Cookies
  1. In addition, this Website uses cookies. These are small text files that may be placed on your device while browsing our Website which store certain information about you. Cookies cannot access, read or modify other data stored on your device. When we refer to “cookies” we include other technologies with similar purposes, such as pixel tags.
  2. We use two types of cookies on our Website:
    (i) Necessary cookies: Without necessary cookies the proper functioning of our Website would not be possible or only to a limited extent. The use of necessary cookies on our Website is possible without your consent. However, you can deactivate cookies at any time by modifying your browser settings. For a detailed description of the used necessary cookies and respective purposes kindly see Section 2.7. below.
    
    Legal basis: Art 6 (1) f GDPR (legitimate interest)
    (ii) Optional cookies: These types of cookies may be used to improve our Website, optimize your user experience, analyze user behavior or customize marketing activities. Optional cookies may also be placed by external advertising companies ("third party cookies"). Optional cookies will only be used upon your consent which you may provide by clicking on the button "Allow cookies" on our Website's cookie banner. This consent can be withdrawn at any time with effect for the future. The withdrawal does not affect the lawfulness of processing based on consent before its withdrawal. For a detailed description of the used optional cookies and respective purposes kindly see Section 2.7. below.
    Legal basis: Art 6 (1) a GDPR (consent)
7. Cookies used on our Website
8. Web Analytics
  1. Hotjar
    
    In case you have consented to the use of non-US cookies by us, this Website uses Hotjar, a web analytics service provided by Hotjar Ltd, Dragonara Business Centre, 5th Floor, Dragonara Road, Paceville St Julian's STJ 3141, Malta, EU.
    
    We use Hotjar in order to better understand our users’ needs and to optimize your experience on this website. Hotjar uses cookies and other technologies to collect data on your behavior and devices. This includes a device's IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile.
    
    On our behalf, Hotjar will use this information to help us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback.
    
    We process your personal data for purposes of Hotjar based on your consent which you may provide by accepting all cookies on our Website's cookie banner (Art 6 (1) a GDPR). Your consent can be withdrawn at any time with effect for the future. You may also refuse the use of cookies by selecting the appropriate settings on your browser (see Section 2.9.2. below). However, please note that if you do this, you may not be able to use the full functionality of this Website.
    
    We will only process your data for as long as is necessary to fulfill the purpose for which they have been collected (in this case for creating and evaluating statistics).
    
    For further details, please see the ‘about Hotjar’ section of Hotjar’s support site.
  2. Google Analytics
    
    In case you have consented to the use of all cookies by us (including cookies from US Partners), this Website uses Google Analytics, a web analytics service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (Google).
    
    Google Analytics uses cookies to help the Website analyze how users use the site. The information generated by the cookie about your use of our Website (including your IP address and the URLs of the accessed pages) will be transmitted to and stored by Google on servers in the United States. We do not store any of your personal data collected in connection with Google Analytics.
    
    This Website uses an IP anonymization feature provided by Google Analytics. Your IP address will therefore be truncated/anonymized by Google as soon as it receives it. On our behalf, Google will use this information for the purpose of evaluating your use of our Website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to us. Google will not associate your IP address with any other data held by Google.
    
    This Website also uses the Google Analytics User-ID feature to track your interactions with our Website, regardless of the device used (laptop, phone, tablet, etc.). This User-ID is anonymised and encrypted and will not be associated with other data.
    
    We process your personal data for purposes of Google Analytics based on your consent which you may provide by clicking on the button "Allow all cookies (incl. from US partners)" on our Website's cookie banner (Art 6 (1) a GDPR). This consent can be withdrawn at any time with effect for the future. You may also refuse the use of cookies by selecting the appropriate settings on your browser (see Section 2.9.2. below). However, please note that if you do this, you may not be able to use the full functionality of this Website. Furthermore, you can prevent Google's collection and use of your data by downloading and installing the browser plug-in available at https://tools.google.com/dlpage/gaoptout.
    
    Further information concerning Google's terms of use and privacy statement can be found at https://policies.google.com/technologies/partner-site
  3. Facebook Business Tools
    In case you have consented to the use of all cookies by us (including cookies from US Partners), this Website uses Facebook Business Tools, a service provided by Facebook Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook Ireland”). We use Facebook Business Tools for advertising, matching, measurement and analytics purposes. This will allow us to better understand and analyze your use of our Website, the impact of our advertising campaigns and other online contents and improve our ad targeting. For those purposes, Adverity will share with Facebook Ireland your online identifiers such as your IP-address, Facebook-IDs, Device-IDs and Add-IDs (please see here for the detailed list of data shared with Facebook Ireland).
    We process your personal data via the Facebook Business Tools and share your personal data with Facebook Ireland based on your consent which you may provide by clicking on the button "Allow all cookies (incl. from US partners)" on our Website's cookie banner (Art 6 (1) a GDPR). This consent can be withdrawn at any time with effect for the future (to that purpose, please see section 2.7 above or section 3 hereunder).
    
    Please note that Facebook Ireland and Adverity act as Joint Controllers of your personal data processed via the Facebook Business Tools (“Joint Processing”). All information about how Adverity processes your personal data can be found in this Privacy Notice. For information on how Facebook Ireland processes your personal data, please refer to Facebook Ireland’s Data Policy at https://www.facebook.com/about/privacy. In Facebook Ireland’s Data Policy, you will be able to find, within others, the legal basis Facebook Ireland relies on as well as the ways to exercise your rights against Facebook Ireland.
    
    As Joint Controllers, Facebook Ireland and Adverity have entered into a contract to determine the respective responsibilities for compliance with the obligations under the GDPR with regard to the Joint Processing of your personal data. Within others, Adverity and Facebook Ireland agreed that Adverity shall be responsible to provide you with the information detailed in this section. We also agreed that Facebook Ireland is responsible for enabling your rights under Articles 15-20 of the GDPR with regards to the personal data stored by Facebook Ireland after the Joint Processing (your right of access, right to rectification, right to erasure, right to restriction of processing, notification obligations, right to data portability).
9. How to control and manage the use of cookies
  1. By clicking on the "Allow all cookies (including from US partners)"-button in the Website's cookie banner you agree to the use of the above listed optional cookies on our Website. Your consent can be withdrawn (for all or individual cookies) at any time with effect for the future by directing your request to dpo@adverity.com. The withdrawal does not affect the lawfulness of processing based on consent before its withdrawal.
  2. You may also refuse the use of cookies by selecting the appropriate settings on your browser or by deleting the cookies from the device and browser. Most browsers accept cookies automatically, but you can alter the settings of your browser to erase cookies or prevent automatic acceptance if you prefer. Generally you have the option to see what cookies have been placed and delete them individually, block third party cookies or cookies from particular sites, accept all cookies, to be notified when a cookie is issued or reject all cookies. Visit the ‘options’ or ‘preferences’ menu on your browser to change settings, and check the following links for more browser-specific information:
    Cookie settings in Internet Explorer
    Cookie settings in Firefox
    Cookie settings in Chrome
    Cookie settings in Safari
  3. You should be aware that any preferences will be lost, if you delete all cookies and many websites will not work properly or you will lose some functionality.
To whom we may disclose your personal data
1. For the above mentioned purposes we may share your personal data with the following recipients:
  1. Our employees and Affiliate companies (as listed here), where necessary in order to perform our services (e.g. where you request certain services via our Website);
  2. IT service providers who provide hosting, maintenance and security services for our Website;
  3. advertising and web-analysis partners (e.g. Google LLC, Hotjar Ltd.) who provide certain services to us in connection to our Website - Please note: We will not disclose any personal data of EU visitors to our website who did not consent to the use of cookies from US partners to any non-EU advertising or web-analysis partners;
  4. to any other person/company upon your consent if necessary;
  5. where disclosure is required (i) by law or regulation or (ii) to establish, exercise or defend legal claims, we may also disclose personal data to a competent authority, such as supervisory, regulatory or criminal authorities, courts of law or other third parties who advise us in this context (e.g. lawyers or forensics experts);
  6. our customer relationship management (CRM) tool, Hubspot GmbH - Please note: We will not disclose any personal data of EU visitors to our website to HubSpot Inc. without their consent;
  7. our social media partners e.g. LinkedIn Ireland Unlimited Company - Please note: We will not disclose any personal data of EU visitors to our website who did not consent to the use of cookies from US partners to any non-EU social media partners;
  8. Workable (Workable Software SMPC) in order to process your application, G-Suite(Google Commerce Limited) and Zoom (Zoom Video Communications Inc.) in order to schedule interviews, calls and meetings with you and Slack (Slack Technologies Ltd) in order to process your application, if you applied for a job at Adverity (in such a case, please have a look at our Candidate privacy notice).
  Some of these recipients may be located in countries outside the EU/EEA for which an adequate level of data protection has not yet been established by the EU Commission. It should be noted that the level of data protection in such countries may not be the same as within the EU/EEA. Also, subject to local laws and regulations data may be accessible to local authorities or courts. However, where personal data is transferred to such third countries we seek your express and informed consent upfront (Art 49(1)(a) GDPR) or implement appropriate safeguards to ensure that your rights are protected in accordance with the GDPR. This includes the conclusion of the EU Commission's standard contractual clauses for the transfer of personal data (Art 46 (2) c GDPR). Further details on the implemented safeguards as well as copies of the respective agreements are available on request at dpo@adverity.com.
How long we keep your personal data
1. Log files (see Section 2.5 above) are generally kept for a period of three months. Beyond this time period log files will only be stored for the purpose of investigating irregularities or security incidents in our system. For the storage duration of cookies see Section 2.6 above.
2. We generally retain your personal data for as long as this is necessary for the fulfillment of the purpose for which they were obtained. Thus, in any case we process your personal data for the duration of our contractual or service relationship with you (see Section 2.4 above). Beyond this period we keep your personal data to comply with statutory retention obligations (e.g. to fulfill the 7-year retention obligation under applicable tax and company law). Where necessary we may also keep your data for as long as potential legal claims against us are not yet time-barred; for certain claims the statutory limitation period may be up to 30 years.
3. As soon as there are no legitimate grounds for the further storage of personal data available, they will either be deleted or anonymized.
Data Subject Rights
1. In accordance with applicable law (in particular Art 15 et seq. GDPR), you have the right to access your personal data, to request deletion or correction of your personal data, to object to the processing of your personal data, to request restriction of your personal data as well as the right to data portability. To exercise these rights send an email to dpo@adverity.com or a letter to Adverity GmbH (contact details available here). If you feel that your rights have been violated, you may also file a complaint with the competent data protection authority (in Austria: Austrian Data Protection Authority - Datenschutzbehörde).
2. We do not process your personal data for the purpose of taking decisions based solely on automated processing, including profiling, which produces legal effects concerning you (Art 22 GDPR).
Updates to this Notice
1. We may update this Notice to reflect legal, technical or business changes. When we update this Notice, we will take reasonable steps to inform you about the changes made. You will find the date of the "last update" at the beginning of this Notice.
Links to third-party websites
1. The Website contains links to third-party websites. We have no control over the content or privacy practices of these other websites. Please read the respective data protection provisions of other websites that you visit.
Our contact details
1. Should you have any requests or questions in relation to the processing of your personal data by us, kindly address them to our Data Protection Officer Mr. Mag. Michael Pilz by calling +43 (0)1 406 05 51 or sending an e-mail to dpo@adverity.com.

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