Privacy Policy

The generic use and disclosure of personal information that is collected from the individuals online.

Avail Technologies, Inc. Privacy Policy

The Policy should be updated at least once every 12 months and should record the last review and/or update date.

1.0  Introduction

We partner with our customers to create solutions with our enterprise transit management software. Founded in 1999, we’re a family-oriented staff that works hand-in-hand with transit professionals. By design, Avail has remained a mid-sized company that stays focused on providing cost-effective engineering services and cutting-edge technologies to our target market of transit operators with medium-sized fleets.

Avail Technologies, Inc. is a technology company headquartered in State College, PA, which focuses on providing services to mass transit.

For more information about our services, please refer to our website: Avail Technologies, Inc.

This Privacy Policy is applicable to Avail Technologies, Inc. (“we”, “our” or “us”) as related to our services, which collectively include:

• the use of Avail Technologies, Inc. (“Website”),
• the use of the application website Avail Technologies, Inc. (“Application”),
• social media messages and marketing campaigns, and
• the use of our products and services.

This Privacy Policy sets out the essential details relating to your personal data relationships with Avail Technologies, Inc. as:

• Website visitor
• End-user of the Application (“End User”)
• Prospective client
• Job applicant, and
• Partners.

Clients contract the use of our Application and give access to their employees and other third parties, as solely decided by them, by creating users who access the Application with their email address and credentials. The Clients’ administrators grant End Users roles, which result in different permissions and access rights to the information held in the Client account.

2.0 Personal information we collect

2.1 Information you choose to provide to us

WHEN

We may ask you to provide personal information when:

• You use the Website to download articles, data sheets or eBook
• You connect with us directly via phone calls or video conferencing platforms
• We or Client account administrators grant you access to the Application
• You or Client account administrators upload or enter personal information into the Application
• You participate in a marketing/sales promotion
• You attend trade events and other industry networking events
• You register or attend a webinar or other event
• You participate in programs we may offer from time to time
• You participate in chats.

If you choose to provide us with a third party’s Personal Information (the person’s name, email, and company) when taking part in our referral program, you represent that you have the third party’s permission to do so.

WHAT

The personal information we collect may include first and last name, business email address, phone number, and company name.

As an End User of the Application, we collect your name, business email address, and any comments you make in the Application.

In addition, we may collect data uploaded by you, your employer, or other users of the Application that may be required to use Avail Technologies, Inc. services. We expect all users to follow their organization’s privacy policy and any applicable regulatory requirements when uploading, accessing, and using personal information into our Application.

The client utilizing the myAvail solution makes the decisions about what personal information is collected and how it is processed in the program. Personal information collected in this context could include, for example, information required to set up administrator rights for a client’s employees in the context of their employment duties, or personal information collected from a client’s constituents who are using the myAvail solution to utilize the Transit System. In these interactions, the client’s employees or constituents are “End Users”.

If you have questions or concerns about our client’s decisions regarding the collection and processing of your personal information, you may contact us, or our client. If you contact us, we will coordinate the response with our client as appropriate.

2.2 Information we collect automatically

WHEN

We collect information about your visits to the Website and the Application when you land on any of our web pages through cookies and similar tracking technology.

WHAT

Like many websites and online platforms, we use web analytics tools that rely on cookies, web beacons, and other automated tracking technologies (“Tracking Tools”). Depending on your use of the myAvail System, we may use the Tracking Tools to help us analyze how users interact with and use myAvail, improve myAvail solutions and products, and personalize your product experience.

The information we collect automatically includes information about your computer and internet connection (including your IP address, operating system, and browser type) and details regarding your use of myAvail.

We use Tracking Tools to collect the information described above. Please do note though, that in certain instances, for our legitimate business purposes we correlate the information collected through Tracking Tools to your personally identifiable information you have otherwise provided us.

2.3 Information we may collect from third parties

WHEN

We may combine the information we collect as a result of your direct interactions with us with information obtained through other third-party sources such as trade organizations.

WHAT

The personal information collected includes your name, email address, business address, job title, company name, and telephone number.

3.0 How we use personal information

We use your Personal Information to:

• Deliver the contracted Services and allow full use of the Application functionality as purchased by the Clients
• Deliver training and support to our Application End Users and/or carry out the transactions you have requested
• To communicate with you directly through emails, calls, chats, video conferencing
• Send communications to you about:
  • new Application features and upgrades our services and offerings
  • event announcements
  • product notices and changes to our terms and policies
  • particular programs in which you have chosen to participate
  • scheduling demos
• Advertise and market our products and services
• Carry out market research to understand how to improve our Services and their delivery
• Create and manage marketing campaigns
• Generate sales leads and increase our market share
• Analyze user clicks and usage of the Application and Website to improve user experience and maximize usage of our Services
• Manage our Website and Application in order to maintain and deliver the contracted functionality and services,
• Enforce our Website and Application Terms and/or separate contracts (if applicable) with you
• Prevent fraud and other prohibited or illegal activities
• Protect the security or integrity of the Website, Application, our business, or Services; or
• Otherwise, as disclosed to you at the point of collection or as required or permitted by law.

Please note that sometimes we may record the video conferencing call in which you participate in order to analyze and improve our staff’s communication skills. If we do so, we will be announcing it at the beginning of the conference call.

We do not sell your information to any third party.

4.0 How we share personal information

Our Application and Services

If you are an End User of our Application, your personal information may be viewed by other users with access to the Application.

Service Providers

We use third parties to help us provide our Services. They will have access to your information as collected by the Website or the Application, as reasonably necessary to perform the contracted tasks on our behalf. We sign contractual agreements to obligate them to protect the personal information, to only use it to deliver the contracted services to us, to prohibit them from selling it and not to disclose it without our knowledge and permission.

Legal disclosures

It is possible that we may need to disclose personal information when required by law, subpoena, or other legal processes as identified in the applicable legislation.

We attempt to notify our clients about legal demands for their personal data when appropriate in our judgment unless prohibited by law or court order or when the request is an emergency.

Change in Control

We can also share your personal data as part of a sale, merger, or change in control or in preparation for any of these events.

Any other entity which buys us or part of our business will have the right to continue to use your data, but only in the manner set out in this Privacy Policy unless you agree otherwise.

5.0 How we secure personal information

We are committed to protecting the security of all of the personal information we collect and use.

We use a variety of physical, administrative, and technical safeguards designed to help protect it from unauthorized access, use, and disclosure. We have implemented best-practice standards and controls in compliance with internationally recognized security frameworks. We use encryption technologies to protect data at rest and in transit.

6.0 Your rights

Avail Technologies is acting as the data processor of your personal information for or on behalf of an Avail client. You may contact either Avail or the Avail client with your inquiries. If you contact us, we will contact the client and coordinate a response accordingly.

7.0 How long we keep your personal information

We retain information as long as it is necessary to provide the Services to you and our Clients, subject to any legal obligations to further retain such information.

We may also retain information to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations, enforce our Terms of Service, and take other actions permitted by law.

The information we retain will be handled in accordance with this Privacy Policy.

Information connected to you that is no longer necessary and relevant to provide our Services may be de-identified or aggregated with other non-personal data to provide insights that are commercially valuable to Avail Technologies, Inc., such as statistics of the use of the Services.

8.0 Other Important Information

We will only collect and process personal data about you where we have a lawful reason for its collection.

When you visit our Website and provide us with your personal information, we collect and use it with your consent.

As an Application End User, you consent to our collection of your personal information when you log in for the first time. However, your employer has control of the account and may upload and share additional personal information. It is your employer’s responsibility to ensure the collection, use, and sharing of the personal information uploaded to the Application complies with all applicable legislation.

9.0 Contact Information

You may contact us to exercise any of your rights or ask for more information about your personal information and our privacy practices by contacting us at info@availtec.com.

Appendix

A.1 For individuals based in California

This section provides additional specific information for consumers based in California as required by the California Consumer Privacy Act of 2018 (“CCPA”).

A.1.1 Collection and Use of Personal Information

In the last 12 months, we have collected the following categories of personal information:

• Identifiers, such as your name, mailing address, email address, zip code, telephone number, or other similar identifiers.
• California Customer Records (Cal. Civ. Code § 1798.80(e)), such as username and password, company name, job title, business email address, and department.
• Internet/Network Information, such as your browsing history, log and analytics data, information about the device(s) used to access the Services, and information regarding your interaction with our websites or Services and other usage data.
• Geolocation Data, such as information about your location (at country and city level) collected from your IP address.
• Sensory Information, the content, audio, and video recordings of conference calls between you and us that we record where permitted by you and/or the law.
• Profession/Employment Information that you include in your CV and cover letter and send to us when applying for a position.
• Other Personal Information, such as personal information you provide to us in relation to a survey, comment, question, request, article download or inquiry, and any other information you upload to our Application.

We collect personal information directly from you, from your browser or device when you visit our websites, from third parties that you permit to share your information or from third parties that share public information about you and as stated above.

See the section above, “How we use personal information,” to understand how we use the personal information collected from California consumers.

A.1.2 Recipients of Personal Information

We share personal information with third parties for business purposes. The categories of third parties to whom we disclose your personal information may include: (i) our service providers and advisors, (ii) marketing and strategic partners; (iii) ad networks and advertising partners; (iv) analytics providers; and (v) social networks.

Please see the “How We Share Information” section of the Privacy Policy above for more information.

A.1.3 California Privacy Rights

As a California resident, you may be able to exercise the following rights in relation to the personal information about you that we have collected (subject to certain limitations at law):

• The Right to Know any or all of the following information relating to your personal information we have collected and disclosed in the last 12 months, upon verification of your identity:
  • The specific pieces of personal information we have collected about you;
  • The categories of personal information we have collected about you;
  • The categories of sources of the personal information;
  • The categories of personal information that we have disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed;
  • The categories of personal information we have sold and the categories of third parties to whom the information was sold; and
  • The business or commercial purposes for collecting or selling the personal information.
• The Right to Request Deletion of personal information we have collected from you, subject to certain exceptions.
• The Right to Opt-Out of Personal Information sales to third parties now or in the future. However, we do not sell your personal information.

You also have the right to be free of discrimination for exercising these rights.

Please note that if the exercise of these rights limits our ability to process personal information (such as a deletion request), we may no longer be able to provide you with our products and services or engage with you in the same manner.

A.1.4 How to Exercise Your California Consumer Rights

To exercise your right to know and/or your right to deletion, please submit a request by contacting us at info@availtec.com.

We will need to verify your identity before processing your request.

In order to verify your identity, we will generally require sufficient information from you so that we can match it to the information we maintain about you in our systems. Sometimes we may need additional personal information from you to be able to identify you. We will notify you.

We may decline a request to exercise the right to know and/or right to deletion, particularly where we are unable to verify your identity or locate your information in our systems or as permitted by law.

You may choose to designate an authorized agent to make a request under the CCPA on your behalf. No information will be disclosed until the authorized agent’s authority has been reviewed and verified. Once a request has been submitted by an authorized agent, we may require additional information (i.e. written authorization from you) to confirm the authorized agent’s authority.

If you are an employee/former employee of an Avail Technologies, Inc. Client that uses our application and services, please direct your requests and/or questions directly to your employer/former employer.

If you are a third party (auditor, business associate, etc.), who was given access to the Avail Technologies, Inc. application by an Avail Technologies, Inc. Client, please direct your requests and/or questions directly to the Avail Technologies, Inc. Client that gave you access.

Minors Under Age 16

Our application and services are intended for business use and we do not expect them to be of any interest to minors. We do not intentionally collect any personal information of consumers below the age of 16. We do not sell the personal information of California consumers.