This policy applies to AVIO Consulting and its affiliated companies.
AVIO Consulting understands that your privacy is important to you and is committed to safeguarding the confidentiality and privacy of personal information entrusted to it.
AVIO Consulting’s Former, Current and Prospective Clients
If you submit an inquiry to AVIO Consulting about our Services (either over the website, or by emailing, telephoning or meeting with one of our colleagues), then we will process information such as your name, job title and contact information in order to respond to your inquiry.
If you attend an AVIO Consulting event or webinar, or if you associate with an AVIO Consulting colleague at, for example, an industry event, then AVIO Consulting may collect basic personal information, such as contact details, which you voluntarily provide (for example, by filling in a form or handing over a business card) in order to facilitate your participation in the event, and for the management of our relationship with you as an actual or prospective client.
If you or the organization you are associated with becomes an AVIO Consulting client, then we may process your personal information in order to:
- carry out "Know Your Client" checks and screening prior to starting a new engagement (as well as basic contact information, this may mean processing compliance related information such as proof of your identity, information about your professional background, history of directorships and, in some circumstance, details of any criminal convictions or adverse media coverage);
- carry out background checks for the purposes of complying with anti-money laundering and terrorist financing laws;
- carry out client communication, service, billing and administration;
- deal with client complaints; and
- administer claims.
Taking account of applicable marketing laws, we also process personal information about our clients (former, current and prospective) in order to:
- send our clients newsletters, know-how, promotional material and other marketing communications;
- invite our clients to events (and arrange and administer those events).
Performing Services for Our Clients
As discussed above, many of our Services involve the processing of personal information. In the majority of cases, personal information is provided to us in strict confidence, subject to restrictive undertakings on its use / disclosure.
If you apply for a position with AVIO Consulting, we will need to collect personal information in order to consider your application, and during any interview and assessment phase.
If you enquire about, or decide to purchase stock in AVIO Consulting, then we will collect (either from you or from your broker / investment manager) basic personal information required to register you as a stockholder.
Finally, if you contact us for any other reason, we will collect basic contact details, as well as any other personal information relevant to the reason for your inquiry, in order to resolve that inquiry.
What is our legal basis for collecting personal information?
All processing (i.e. use) of your personal information is justified by a "lawful basis" for processing. In the majority of cases, processing will be justified on the basis that:
- the processing is necessary for the performance of a contract to which you are a party, or to take steps (at your request) to enter into a contract (e.g. where you request certain Services as an individual client, or where we help advise your employer or service provider on fulfilling an obligation to you under a contract);
- the processing is necessary for us to comply with a relevant legal obligation (e.g. where we are required to collect certain information about our clients for tax or accounting purposes, or where we are required to make disclosures to courts or regulators); or
- the processing is necessary for the performance of a task carried out in the public interest (e.g. background checks for anti-money laundering and terrorist financing purposes); or
- the processing is in our legitimate interests, subject to due consideration for your interests and fundamental rights (this is the basis we rely upon for the majority of the processing of personal information in connection with the provision of our Services, and also for the purposes of most client on-boarding, administration and relationship management activities).
In limited circumstances, we will use your consent as the basis for processing your personal information, for example, where we are required by applicable law to obtain your prior consent in order to send you marketing communications.
Before collecting and/or using any special categories of data, or criminal record data, we will establish a lawful exemption which will allow us to use that information. This exemption will typically be:
- your explicit consent;
- the establishment, exercise or defense by us or third parties of legal claims; or
Disclosure of Personal Information to Third Parties
AVIO Consulting may also disclose your personal information for the purposes of:
- responding to requests from law enforcement agencies, regulators or courts, or to subpoenas, search warrants, or other legal requests;
- the prevention and/or detection of crime;
- establishing legal rights or to investigate or pursue legal claims;
- a merger, acquisition or corporate restructuring to which AVIO Consulting is subject;
- preventing risk of harm to an individual.
International Hosting and Transfer of Information
AVIO Consulting is a global organization and may transfer certain personal information collected on its websites across geographical borders to AVIO Consulting offices, personnel, or third parties located throughout the world. AVIO Consulting may also store such information in a jurisdiction other than where you are based.
AVIO Consulting will take appropriate steps to ensure that transfers of personal information are in accordance with applicable law and carefully managed to protect your privacy rights and interests and transfers are limited to countries which are recognized as providing an adequate level of legal protection or where we can be satisfied that alternative arrangements are in place to protect your privacy rights. To this end:
- Where we transfer your personal information outside AVIO Consulting to third parties who help provide us with any of the activities described in this policy, we obtain contractual commitments (such as the Standard Contractual Clauses) from them in order to protect your personal information.
- Where we receive requests for information from law enforcement, courts or regulators (who may be based overseas), we carefully validate these requests before any personal information is disclosed.
You have a right to contact us for more information about the safeguards we have put in place (including a copy of relevant contractual commitments) to ensure the adequate protection of your personal information when this is transferred as mentioned above.
AVIO Consulting has reasonable technical safeguards, security policies and procedures in place to protect personal information from unauthorized loss, misuse, alteration, or destruction. Measures we take include placing confidentiality requirements on our staff members and service providers, limiting access to your personal information on a "need to know" basis, and providing training to appropriate AVIO Consulting personnel. We also maintain comprehensive policies addressing data incident response protocols. Our IT Security Program is audited on a regular basis.
Despite AVIO Consulting's best efforts, however, security cannot be absolutely guaranteed against all threats.
Retention of Your Personal Information
AVIO Consulting retains your personal information for the period of time required for the purposes for which it was collected, any compatible purposes which we subsequently establish, or any new purposes to which you subsequently consent, or to comply with legal, regulatory and AVIO Consulting policy requirements. This period of time will usually be the period of your, or the relevant client's, relationship or contract with AVIO Consulting plus a period reflecting the length of time for which legal claims may be made following the termination of such relationship or contract. Some information (such as call recordings, tax records and certain information required to demonstrate regulatory compliance) may need to be kept for longer. Personal information will be kept for a shorter or longer period of time if so required by law or an AVIO Consulting policy, if the information becomes subject to a legal hold (for example, following a communication from our regulator) or if we have identified through a data protection impact assessment that a different retention period is appropriate.
Right to Access
You have the right to access personal information which AVIO Consulting holds about you, together with certain information about how and why your personal information is processed.
Right to Rectification
You have a right to request us to correct your personal information where it is inaccurate or out of date.
Right to be Forgotten (Right to Erasure)
You have the right under certain circumstances to have your personal information erased. Your information can only be erased if it is no longer necessary for the purpose for which it was collected, and we have no other legal ground for processing the information.
Right to Restrict Processing
You have the right to restrict the processing of your personal information, but only where:
- its accuracy is contested, to allow us to verify its accuracy; or
- the processing is unlawful, but you do not want it erased; or
- it is no longer needed for the purposes for which it was collected, but we still need it to establish, exercise or defend legal claims; or
- you have exercised the right to object, and verification of overriding grounds is pending.
Right to Data Portability
You have the right to data portability, which requires us to provide personal information to you or another controller in a commonly used, machine readable format, but only where the processing of that information is based on (i) consent; or (ii) the performance of a contract to which you are a party. Please note that AVIO Consulting rarely relies upon consent as a legal basis, and the performance of a contract basis will only be relevant to the extent that you, as an individual, are party to a contract with AVIO Consulting or a client, and our use of your personal information is necessary for the performance of that contract.
Right to Object to Processing
You have the right to object to the processing of your personal information at any time, but only where that processing is based on our legitimate interests. If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms.
In addition, under applicable local law you may have the legal right to lodge a complaint with the relevant supervisory authority or local data protection authority.
Important Additional Information for California Residents
This section provides information for California residents, as required under California privacy laws, including the California Consumer Privacy Act (“CCPA”). The CCPA generally requires that businesses provide California consumers information about how we use their personal information, whether collected online or offline, and this document is intended to satisfy that requirement. However, the CCPA notice requirement does not apply where we are providing services to our clients, receive personal data and use it solely to provide service to a client and function as a “service provider” within the meaning of the CCPA.
In addition, this policy does not apply to information that we collect regarding employees or in the course of providing or receiving business-to-business services (job applicants should review the CCPA Applicant Privacy Notice on our Careers page).
Under the CCPA, “personal information” is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household.
AVIO Consulting may send you information related to its services, products and events that we believe are of interest to you. This information may be sent by post or via email. If at any point you no longer prefer to receive marketing communications from AVIO Consulting you can (i) unsubscribe from AVIO Consulting communications sent by email using a link provided in marketing emails sent from AVIO Consulting; or (ii) contact us to exercise your right to prevent all forms of marketing (both post and email).
AVIO Consulting’s websites are not intentionally designed for or directed at children under the age of 13. It is AVIO Consulting’s policy never to knowingly collect or maintain information about anyone under the age of 13, except as part of an engagement to provide professional services.
Changes to this Policy
If you have questions or concerns regarding this policy or AVIO Consulting’s personal data processing policies, please contact AVIO Consulting at: https://www.avioconsulting.com/contact