PRISMA PRIVACY POLICY
This Privacy Policy explains the information practices and policies of the Software. It describes how we collect, use, and disclose information as users interact with the managed information technology services that we provide to our clients, business partners and their clients (collectively, “clients”) and how we collect and use information from clients, users and or visitors. For the purposes of this Privacy Policy, the terms “we”, “us” and “our” refer to the Rightholder and “you” and “your” refers to the End User and anyone else who provides their personal information directly to us.
This Privacy Policy does not reflect the privacy policies or practices of Prisma clients or any other third party. The Rightholder is not responsible for the privacy policies or practices of any client or other third party.
1. Definitions
1.1. Software means the object code version of Prisma proprietary computer programs, which may include any software accessed as a service module(s) by You for use (collectively Prisma) if described in the relevant Order, including any hosted product, any Documentation and Updates.
1.2. Rightholder (owner of all rights, whether exclusive or otherwise to the Software) means Prisma Unify Pty Ltd, a company incorporated according to the laws of the State of Victoria, Australia.
1.3. Computer(s) means hardware(s), including personal computers, laptops, workstations, personal digital assistants, ‘smart phones’, hand-held devices, or other electronic devices for which the Software was designed where the Software will be installed and/or used.
1.4. De-identified means data that has been processed to remove, hide, encrypt, anonymise or aggregate identifying information such that one could not, using reasonable efforts, link such information back to you.
1.5. De-identified Data means all De-identified information, including, but not limited to, data, analyses, measurements, reports, trends, and metrics, generated from, derived from, based on or related to you.
1.6. End User (You/Your) means individual(s) installing or using the Software on his or her own behalf or who is legally using a copy of the Software; or, if the Software is being downloaded or installed on behalf of an organization, such as an employer, “You” further means the organisation for which the Software is downloaded or installed and it is represented hereby that such organisation has authorized the person accepting this agreement to do so on its behalf. For purposes hereof the term “organization,” without limitation, includes any partnership, limited liability company, corporation, association, joint stock company, trust, joint venture, labor organization, unincorporated organization, or governmental authority.
1.7. End User Data means data entered or uploaded by you to the Software.
1.8. Hosted Software means the online platform and websites which you can access and your account that are hosted and maintained by the Software.
1.9. License Term means the term of the license granted for specific Software, as identified in the relevant Order.
1.10. Order means any purchase order or ordering document between you and Partner or between you and Rightholder (if purchasing directly) that identifies the products and/or Support Services licensed or sold and any applicable licensing parameters (e.g., the number of licenses).
1.11. Partner(s) means organizations or individual(s), who distributes the Software based on an agreement and license with the Rightholder.
1.12. Personal Information has the meaning given in the Privacy Act, as amended from time to time
1.13. Privacy Act means the Australian Privacy Act 1988 (Cth).
1.14. Regulatory Authority means any Commonwealth, State or local government department, body or instrumentality or any other public authority or statutory body which has relevant jurisdiction, including the Australian Competition and Consumer Commission, Australian Communications and Media Regulatory Authority or the Privacy Commissioner.
1.15. Support Services means service(s) provided by the Rightholder and/or Partner in conjunction with the Software if purchase by you as specified in the relevant Order during the License Term.
2. The Australian Privacy Act
2.1. The Rightholder has adopted the Australian Privacy Act 1988 (Privacy Act) to establish and maintain an adequate level of privacy protection to Personal Information that the Software obtains from End Users located in Australia.
3. About Prisma
3.1. Prisma is a platform with software tools which can deliver a number of integrated solutions, allowing you to have a single pane of glass to monitor and manage information relating to your end user Computers and applications. Prisma Software ensures the best end user experience along with the maximum uptime by leveraging a unique mix of value added modules including remote access, integrated learning modules customisable for business needs alongside with information and communication technologies (ICT) expense management if described in your relevant Order.
3.2. Any Personal Information (defined below) we collect, use, and disclose through Support Services is only processed on your behalf and as authorised and directed by you. It is your responsibility to ensure that the data collected by the Software can be legally collected. It is also your responsibility to provide your employees and customers the appropriate level of notification that information, potentially including Personal Information, may be collected and maintained.
4. Information Collected through Our Software and or Support Services
4.1. We usually collect information, including Personal Information, in the following ways:
a. Personal Information. We may collect Personal Information about End Users as authorised by you in order to deliver our Support Services. We may collect such Personal Information directly or indirectly, such as through you, your nominated service provider and or a Partner if applicable. We may also collect Personal Information from you as an end user of the Software or by other direct communication from you. For example, when you register for Support Services or request additional information or you are contacted by a support services representative, you may be asked to provide certain Personal Information, which may include a name, company name, address, and email address. In addition, if you choose to communicate with us via a web form, email or by telephone, we may retain the content of your communication together with your email address or phone number and our responses. If you should enter into a client relationship with Rightholder and or Partner, you may obtain additional rights or agree to additional obligations associated with the collection, use, and disclosure of information.
b. Device-related Information. We may also collect device related information from the end user’s Computer including information such as an IP address, the date and time of use of our Support Services, the date and time of an event on the End User IT systems, system logs, and technical attributes about the Computer or a web browser.
c. Commercially Available Information. The Software also collects information from commercially available sources. Such information may include names, addresses, email addresses, and demographic data. The information the Software collects from these commercial sources may be combined and cross-referenced with information collected through the Software for the sole purpose of providing you the agreed Support Service as specified in the relevant Order.
d. Rightholder Website. You can visit the Rightholder Websites without revealing any Personal Information however it may prevent you from engaging in certain aspects of the Prisma Software or Support Services.
e. Cookies or Similar Technologies. The Rightholders website use cookies. A “cookie” is a small text file that contains a string of alphanumeric characters. There are two types of cookies that may be used websites:
Persistent cookies or session cookies: A persistent cookie gets entered by your Web browser into the “Cookies” folder on your computer and remains there after you close your web browser. Persistent cookies may be used by your browser on subsequent visits to the site; however, session cookies are held temporarily in your computer’s memory and disappear after you close your browser or shut off your computer. If you have arrived at the Rightholder website by clicking on a banner ad for one of Software modules or support services, a session cookie may be used. This cookie contains an identification number for the advertisement that you clicked on, and it helps the Rightholder determine which of its ads attracts the most visitors. If you choose to request further information from us about Prisma Software and Support Services, the personal information that you provide in that request will be linked to the information in the session cookie.
In order to better understand how our sites are used, the Rightholders website may also use persistent cookies along with other information collected in our servers’ files (e.g., IP Address, referring URLs, etc.). Such information is not combined with information from any other cookie. Cookies may be delivered in a first-party or third-party context. If you do not want the Rightholder Websites to collect information through the use of cookies, you can set your web browser to reject cookies from the Rightholders website. Each browser is different, so you should check your browser’s “help” menu to learn how to change your cookie preferences. If you reject or block cookies, the website may not function as intended.
5. How We Collect, Use, and Share Information
5.1. We primarily collect Personal Information that is necessary for us to provide our Software and or Support Services (if applicable) to Partners and/or End Users. We will also collect Personal Information in the ordinary course of running our business, including through the receipt of communications such as emails, website enquiries and telephone calls.
5.2. We do not consider Personal Information to include information that has been anonymised or publicly available information that has not been combined with non-public Personal Information.
6. How We Use Information Collected through Prisma & Our Services
6.1. To Serve You. We use the information we collect, including Personal Information, to respond to any request or query directed to us, to provide you with our Prisma and Support Services and to manage our relationship with you. For example, we may address any enquiries or complaints you may have, endeavour to improve the Support Services we provide, or provide you with information about other products and services we offer that we think you may be interested in.
6.2. For Internal and Service-Related Purposes. We may use any information we collect through the Support Services for internal and service-related purposes, including providing it to third parties as necessary to allow us to facilitate provision of the Support Services if required and authorised by you.
6.3. Anonymised and Aggregate Data. We anonymise and aggregate data collected through Support Services and may use it for any purpose including benchmarking.
7. How We May Disclose Information Collected through Prisma & Support Services
7.1. We may share any information we collect, including Personal Information, with you, whose behalf we are acting. We do not rent, sell, or share Personal Information collected through Support Services or Prisma Unify Websites with other people or non-affiliated companies for their direct marketing purposes. We may otherwise share information we collect as follows:
a. Anonymised and aggregate data. We may share anonymous or aggregated data with our affiliates, agents, and current and prospective business partners for any purpose, subject to our agreements with you.
b. With third-party vendors and service providers. As appropriate, we may share any information, including Personal Information, we receive with vendors and service providers retained in connection with the provision of the Support Services if authorised by you. These third parties have access to Personal Information to the extent necessary to permit them to do their jobs, however, they are bound by confidentiality agreements before any information is provided to them, and they are restricted from using the information for other purposes. For Personal Information transferred to us, we will remain liable under the Australian Privacy Act 1988 (Privacy Act), unless we will prove that we are not responsible.
c. As required by law and similar disclosures. We may access, preserve, and disclose information, including Personal Information, if we believe doing so is required or appropriate: to comply with national security or law enforcement requests and legal process, such as a court order or subpoena; to respond to your requests; to prevent or address fraud, security, or technical issues; or to protect our property or other legal rights or the rights or property of others.
d. Merger, sale, or other asset transfers. If we are involved in a merger, acquisition, financing, reorganisation, bankruptcy, receivership, sale of company assets, or transition Support Service to another provider, information collected through the Support Services or Software (or both), may be sold or transferred as part of such a transaction, as permitted by law and/or contract. We cannot control how any other party to the transaction or any future entity created by the transaction may use or disclose such information however we will only disclose the information if the party acquiring the information agrees to be bound by the terms of this Privacy Policy.
7.2. Other than as stated in this Privacy Policy, we will not release Personal Information to unaffiliated third parties, and we will not cross-reference Personal Information collected through your use of Support Services with that of any other end User or entity.
8. Access, Integrity, Retention, and Choices
8.1. Access & correction – When providing Support Services, we collect information at the direction of you and generally do not have a direct relationship with individual users of your IT systems whose information we may process. To request access to, correction, amendment, or deletion of Personal Information, an End User utilising the Software should direct their query to you. If you wish to request access to, correction, or deletion of Personal Information you have submitted through the Software, you can log into your account or contact Prisma Unify Pty Ltd on +61 3 8456 7555.
8.2. Data integrity – Prisma will use Personal Information only in ways compatible with the purpose for which it was collected or authorised by our clients, or as requested in connection with user requests or other direct requests.
8.3. Information retention – We keep information we need to provide Support Services only so long as we have a valid business purpose, in accordance with applicable law and our client agreements. We may retain aggregate or anonymous information indefinitely.
8.4. User choices – By using Prisma or the Support Services, or otherwise providing us with information, you are giving your express consent to the collection, use, retention, transfer and disclosure, including cross-border disclosure to recipients in a foreign country, including but not limited to the European Union, United States, Australia, and India of your information as described in this Privacy Policy. You have the right to object to the disclosure of your information to third parties as described in this Privacy Policy, except for disclosures made to our third-party vendors and service providers, as well as to the use of your information for a purpose that is materially different from the purposes for which it was originally collected or subsequently authorised by you. If you wish to opt out and withdraw your consent, you may do so at any time by writing to privacy@prismaunify.com . If you opt out and withdraw your consent you will no longer be able to use the Prisma platform and the Support Services or receive updates or other communications, and we will not have any means by which to respond to your inquiries. We include an “unsubscribe” hyperlink in the Rightholders marketing emails for those users who wish to stop receiving email communication from the Rightholder. The hyperlink will connect to one of our websites, which will confirm the email address that has been automatically unsubscribed and will no longer receive emails from the Rightholder.
9. Security
9.1. We take steps to ensure that information is treated securely and in accordance with this Privacy Policy. Unfortunately, neither the Internet nor any form of electronic storage can be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information provided to us. To the extent permitted by law, we do not accept liability for any unintentional disclosure.
9.2. The Rightholder has adopted physical, technological, and administrative procedures to safeguard and secure the information we process. We enforce least privilege access policies for our employees who have access to Personal Information.
9.3. By providing Personal Information to us or using the Prisma Software and Support Services, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of Support Services and the Prisma Software.
10. For users in Australia.
10.1. We comply with the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) (“Privacy Act”) regarding the collection, storage, use and disclosure of Personal Information from Australian users.
10.2. In addition to the uses set out in the section titled “How We Use Information Collected through Support Services and Prisma Software”, we may also use your information, including Personal Information, for a secondary purpose that is related to a purpose for which we collected it, where you would reasonably expect us to use your personal information for that secondary purpose.
10.3. Under the Privacy Act, we have an obligation (the “Obligation”) to take reasonable steps, in the circumstances, before disclosing Personal Information to an overseas recipient to ensure that the overseas recipient does not breach privacy laws in relation to that information. However, should we obtain your consent to disclose your Personal Information to an overseas recipient, the Obligation does not apply. In obtaining your consent, we will not be accountable and you will not be able to seek redress against us under the Privacy Act if the overseas recipient handles your Personal Information in breach of the Australian Privacy Principles (“APPs”) under the Privacy Act. In providing your consent under this Privacy Policy, you acknowledge and agree to the risks associated with the disclosure of your Personal Information overseas. These risks may include the overseas recipient not being subject to any privacy obligations or privacy principles similar to the APPs and the overseas recipient being subject to foreign law that could compel the disclosure of your Personal Information to a third party, such as an overseas authority.
10.4. If you are a user in Australia and wish to access, correct or update your information in accordance with section III, the Rightholder may refuse certain requests but only in circumstances where this is permitted under the Privacy Act.
11. Accessing Your Information
11.1. We acknowledge the individual’s right to access their personal data. You can access and update your account information by logging into your account at https://prismaunify.com . As soon as practically possible after your request is received, we will disclose to you all your Personal Information that we keep.
11.2. If you wish to have your Personal Information deleted please contact privacy@prismaunify.com to request that we do so.
11.3. Promptly after receiving your request, all Personal Information stored in databases we actively use and other readily searchable media will be updated, corrected, changed or deleted, as appropriate, as soon as reasonably practicable.
12. Children’s Privacy
12.1. We do not knowingly collect, store, or use information from children, including those under the age of 16. If you are under the age of 16, you may not submit any information through the Prisma Software and Support Services. If you have reason to believe that a child under the age of 16 has provided information to us through the Prisma Software and Support Services, please contact us and we will endeavour to delete that information from our databases.
13. Do Not Track
13.1. The Prisma Software currently do not respond to “Do Not Track” (DNT) signals, and operate as described in this Privacy Policy whether or not a DNT signal is received.
14. Changes to This Privacy Policy
14.1. We may update this Privacy Policy to reflect changes to our information practices from time to time. If we decide to change this Privacy Policy, we will post the changes on this page so you and any visitors to the Prisma Software are aware of our practices, and we will change the “Last Updated” date above. If we make a material change to our information practices, such as to how we use Personal Information, we will make reasonable efforts to provide notice on our Software or website and/or through you and obtain consent to any such uses as may be required by law.
15. Complaints and How to Contact Us
15.1. If you have any questions, comments, or concerns about this Privacy Policy or our information practices, please email us at privacy@prismaunify.com
15.2. In compliance with the EU-US Privacy Shield Principles, we are committed to resolving complaints about your privacy and our collection or use of your Personal Information. EU-US individuals with inquiries or complaints regarding this Privacy Policy should first contact us by email at privacy@prismaunify.com . If you don’t receive adequate resolution of a privacy-related problem, you may write to our General Manager of Operations at:
General Manager of Operations
Rightholder and or Partner Pty Ltd
376 Johnston Street Abbotsford,
Victoria Australia, 3067
(03) 8456 7555
For Australian individuals: if a complaint cannot be resolved by any of the mechanisms described above or for more information on your privacy rights, you may contact the Office of the Australian Information Commissioner at:
Phone: 1300 363 992
If calling from outside Australia: +61 2 9284 9749
Fax: +61 2 9284 9666
Email: enquiries@oaic.gov.au
Address: GPO Box 5218, Sydney NSW 2001