Last updated: 1 April 2021
"Personal Data" refers to data, whether true or not, about an individual who can be identified from that data, or from that data in combination with other information to which the organisation may have access and includes the meaning otherwise as defined in the Act as amended from time to time.
1. COLLECTION & CONSENT
There are two general categories of information we collect.
1.1 Information You Give to Us.
1.1.1 Information that is necessary for the use of the Avenaire Platform.
We ask for and collect the following Personal Data about you when you use the Avenaire Platform. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services.
Account Information. When you sign up for an Avenaire Account, we require certain information such as your first name, last name, email address, and date of birth.
Profile and Listing Information. To use certain features of the Avenaire Platform (such as applying for a Job or searching for a Freelancer), we may ask you to provide additional Personal Data, which may include your address, phone number, and a profile picture.
Payment Information. To use certain features of the Avenaire Platform (such as receiving payment for a Job), we may require you to provide certain financial information (like your bank account or credit card information) in order to facilitate the processing of payments.
Communications with Avenaire and other Users. When you communicate with Avenaire or use the Avenaire Platform to communicate with other Users, we collect information about your communication and any information you choose to provide.
1.1.2 Information you choose to give us.
You may choose to provide us with additional Personal Data in order to obtain a better user experience when using Avenaire Platform. This additional data will be processed based on your consent.
Additional Profile Information. You may choose to provide additional Personal Data as part of your Avenaire profile (such as gender, preferred language(s), city, and a personal description). Some of this information as indicated in your Account settings is part of your public profile page, and will be publicly visible to others.
Other Information. You may otherwise choose to provide us Personal Data when you fill in a form, conduct a search, update or add information to your Avenaire Account, respond to surveys, post to community forums, participate in promotions, or use other features of the Avenaire Platform.
Telephone Number: If you have provided us with your Singapore telephone number(s) and have indicated that you consent to receiving marketing or promotional information via your Singapore telephone number(s), then from time to time, we may contact you using such Singapore telephone number(s) (including via voice calls, text, fax or other means) with information about our products and services.
You warrant and represent to us that (a) Personal Data which you disclose to us is accurate and complete; and (b) where you volunteer Personal Data of another person to us, that you are authorized by such other person to disclose such Personal Data to us, and that such Personal Data is accurate and complete.
1.2 Information We Automatically Collect from Your Use of the Avenaire Platform
When you use the Avenaire Platform, we automatically collect information, including Personal Data, about the services you use and how you use them. This information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the Avenaire Platform.
Geo-location Information. When you use certain features of the Avenaire Platform, we may collect information about your precise or approximate location as determined through data such as your IP address or mobile device’s GPS to offer you an improved user experience.
Usage Information. We collect information about your interactions with the Avenaire Platform such as the pages or content you view, your searches for Listings, bookings you have made, and other actions on the Avenaire Platform.
Log Data and Device Information. We automatically collect log data and device information when you access and use the Avenaire Platform, even if you have not created an Avenaire Account or logged in. That information includes, among other things: details about how you’ve used the Avenaire Platform (including if you clicked on links to third party applications), IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the Avenaire Platform.
2. PURPOSES FOR WHICH WE COLLECT, USE AND DISCLOSE YOUR PERSONAL DATA
2.1 Your Personal Data may be collected, used and/or disclosed for the following purposes:
a) to verify and process your personal particulars and payments;
b) performing obligations in the course of or in connection with our provision of the goods and/or services requested by you;
c) to respond and deal with enquiries, complaints and other customer-care matters or otherwise communicate with you;
d) managing your relationship with us;
e) to monitor or record phone calls and customer-facing interactions for quality assurance, employee training and performance evaluation and identity verification purposes;
f) to manage payment, billing, account, credit checks and debt-recovery matters;
g) to send you information, promotions, updates, and marketing and advertising materials in relation to our goods and services;
h) to manage, develop and improve our business and operations to serve you better;
i)to carry out marketing promotions and campaigns, contests and lucky draws and personalising your experience at our customer touchpoints;
j) to carry out market research and customer surveys;
k)to conduct investigations or audits or carry out crime and fraud prevention and risk management activities;
l) to provide, understand, improve, and develop the Avenaire Platform;
m) to provide, personalize, measure, and improve our advertising and marketing;
n) to comply with legal and regulatory requirements;
o) to enforce our legal rights and obligations;
p) to facilitate business asset transactions (which may extend to any mergers, acquisitions or asset sales);
q) for other purposes for which we have obtained your consent;
r) transmitting to any unaffiliated third parties including our third party service providers and agents, and relevant governmental and/or regulatory authorities, whether in Singapore or abroad, for the aforementioned purposes; and
s) for any other purposes reasonably necessary, ancillary, incidental, or related to the above specified purposes.
2.2 Your Personal Data may be disclosed for the purposes indicated in clause 2.1 to our officers and employees, third parties, affiliates, service providers, advisors, which include without limitation, the following persons or entities:
a) banks, credit card companies, and payment vendors;
b) debt collection agencies;
c) credit information companies;
d)logistics and courier services companies;
e) call centre services providers;
f) our business partners and authorised distributors, dealers or resellers;
g) relevant government regulators or authorities or law enforcement agencies;
h) our insurers and advisors, including consultants, auditors and lawyers;
i) data intermediaries;
j) with other Users of the Platform in accordance with Clause 3 below; and
k) any other party to whom you authorise us to disclose your Personal Data to.
2.3 The purposes listed in clause 2.1 may continue to apply even in situations where your relationship with us (for example, pursuant to a contract) has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under any contract with you).
2.4 Your Personal Data may be transferred, stored and/or processed in a country or territory outside Singapore and you consent to any such transfer, storage and/or processing of your Personal Data outside Singapore. Avenaire will take reasonable efforts to ensure that any party to whom we transfer your Personal Data outside Singapore provides to such Personal Data a standard of protection at least comparable to the protection under the Act.
3. SHARING OF PERSONAL DATA BETWEEN USERS OF THE PLATFORM
3.1 Sharing between Users
To help facilitate bookings or other interactions between Users, we may need to share certain information, including personal information, with other Users, as it is necessary for the adequate performance of the contract between you and us, as follows:
When you as a Freelancer accept a Contract Offer or Instant Hire Request from a Hirer, certain information about you will be shared with the Hirer, including your full name, your billing information, and other information you agree to share. For the purposes of entering into the digital contract, we will disclose additional information to assist with filling up the contract on the Avenaire Platform, like your name and contact details.
When you as a Hirer hire a Freelancer, certain information is shared with the Freelancer to coordinate the Job, such as your full name or organisation name, phone number, and the address of the work location (if applicable).
3.2 Profiles, Listings, and other Public Information.
The Avenaire Platform lets you publish information, including personal information, that is visible to the general public. For example:
Parts of your public profile page, such as your first name, your description, and city, are publicly visible to others.
Freelancer profile pages are publicly visible and include information such as your published work experience, response rate, location (city and country), hourly or project rate (where applicable), availability, your public profile photo, aggregated demand information (like page views over a period of time), and any additional information you choose to share.
After completing a Job, Hirers and Freelancers may write Reviews and rate each other. Reviews and Ratings are a part of your public profile page and may also be surfaced elsewhere on the Avenaire Platform (such as the profile page).
If you submit content in a community or discussion forum, blog or social media post, or use a similar feature on the Avenaire Platform, that content is publicly visible.
Based on our legitimate interest to promote the Avenaire Platform we may display parts of the Avenaire Platform (e.g., your profile page) on sites operated by Avenaire business partners, using technologies such as widgets or APIs.
Information you share publicly on the Avenaire Platform may be indexed through third party search engines. In some cases, you may opt-out of this feature in your Account settings. If you change your settings or your public-facing content, these search engines may not update their databases. We do not control the practices of third party search engines, and they may use caches containing your outdated information.
4. OTHER IMPORTANT INFORMATION
4.1 Analyzing your Communications
We may review, scan, or analyze your communications on the Avenaire Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, and customer support purposes. For example, as part of our fraud prevention efforts, we scan and analyze messages to mask contact information and references to other websites. In some cases, we may also scan, review, or analyze messages to debug, improve, and expand product offerings. We use automated methods where reasonably possible. However, occasionally we may need to manually review some communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyze your communications to send third party marketing messages to you, and we will not sell reviews or analyses of these communications.
These activities are carried out based on Avenaire’s legitimate interest in ensuring compliance with applicable laws and our Terms, preventing fraud, promoting safety, and improving and ensuring the adequate performance of our services.
Cookies are small bits of data automatically stored in the hard drive of the end user and are commonly used to track preferences in relation to the subject of such website. If you enable these cookies, then your web browser adds the text in a small file. You may wish to set your web browser to notify you of a cookie placement request or refuse to accept cookies by modifying relevant internet options or browsing preferences of your computer system, but to do so you may not be able to utilize or activate certain available functions on the Avenaire Platform.
We gather Information of the activity on the Avenaire Platform, such as data on the number of visitors, the pages they visit, the duration of their stay, etc. Such information is collected on an aggregate, anonymous basis, which means no Personal Data is associated with this data and gathered through the use of web server logs and cookies. We do not automatically collect Personal Data unless you provide such information or login with your account credentials.
By accessing and using our website and services, you consent to the storage of cookies, other local storage technologies, beacons and other information on your devices. You also consent to the access of such cookies, local storage technologies, beacons and information by us or our representatives or agents.
5. THIRD PARTY PARTNERS & INTEGRATIONS
6. YOUR RIGHTS
You may exercise any of the rights described in this section by sending an email to our Data Protection Officer at firstname.lastname@example.org. Please note that we may ask you to verify your identity before taking further action on your request.
6.1 Managing Your Information
You may access and update some of your information through your Account settings. If you have chosen to connect your Avenaire Account to a third-party application, like Facebook or Google, you can change your settings and remove permission for the app by changing your Account settings. You are responsible for keeping your personal information up-to-date.
6.2 Rectification of Inaccurate or Incomplete Information
You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your Avenaire Account).
6.3 Data Access and Correction
If you wish to make (a) an access request for access to a copy of the personal data which we hold about you or information about the ways in which we use or disclose your personal data, or (b) a correction request to correct or update any of your personal data which we hold about you, you may submit your request via email to our Data Protection Officer at the email provided above.
Please note that a reasonable fee may be charged for an access request. If so, we will inform you of the fee before processing your request.
We will respond to your request as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the Act).
6.4 Data Retention and Erasure
We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. If you no longer want us to use your information to provide the Avenaire Platform to you, you can request that we erase your personal information and close your Avenaire Account. Please note that if you request the erasure of your personal information:
We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend an Avenaire Account for fraud or safety reasons, we may retain certain information from that Avenaire Account to prevent that User from opening a new Avenaire Account in the future.
We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, Avenaire may keep some of your information for tax, legal reporting and auditing obligations.
Information you have shared with others (e.g., Reviews, forum postings) may continue to be publicly visible on the Avenaire Platform, even after your Avenaire Account is cancelled. However, attribution of such information to you will be removed. Additionally, some copies of your information (e.g., log records) may remain in our database, but are disassociated from personal identifiers.
Because we maintain the Avenaire Platform to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.
6.5 Withdrawing Consent
Where you have provided your consent to the processing of your personal information by Avenaire you may withdraw your consent at any time by changing your Account settings or by sending a communication to our Data Protection Officer at the email above specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal.
Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we shall seek to process your request within fourteen (14) business days of receiving it.
Whilst we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be in a position to continue providing our goods or services to you and we shall, in such circumstances, notify you before completing the processing of your request. Should you decide to cancel your withdrawal of consent, please inform us in writing in the manner described in clause 10 below.
Please note that withdrawing consent does not affect our right to continue to collect, use and disclose personal data where such collection, use and disclose without consent is permitted or required under applicable laws.
7. INDIVIDUALS LOCATED WITHIN THE EEA OR CALIFORNIA
7.1 Legal bases for processing for EEA users
If you are an individual in the European Economic Area (“EEA”), we collect and process information about you only where we have legal bases for doing so under applicable EU laws. Our legal basis for collecting and using your personal information will be our legitimate interest where the processing is in our, or a third party's, legitimate interests and not overridden by the individual’s data protection interests, or fundamental rights and freedoms. These interests are to provide individuals with access to the Avenaire Platform; to send individuals information they have requested; to ensure the security of our website by trying to prevent unauthorised or malicious activities; or, to protect our legal rights and interests. In some EEA countries, we are relying on consent as a legal basis for using data for marketing purposes.
7.2 Specific rights for California residents
If you are a natural person who is resident in California, California law provides you with specific rights regarding your personal information, including the right to request, twice within a twelve-month period, that we disclose certain information to you about our collection and use of your personal information over the past 12 months; the right to request that we delete any of your personal information that we have collected from you, subject to certain exceptions; and the right to opt out of the sale of your personal information. If you wish to exercise any of these rights, please contact email@example.com with the subject ‘California CCPA’. You also have the right not to be discriminated against if you exercise any of your rights under California privacy law.
We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. If you know or have reason to believe that your Avenaire Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Avenaire Account, please contact us following the instructions in the Contact Us section below.
10. CONTACT US