(updated as of July 24, 2018)
“CommuniCloud”, “we”, “us” and/or “our” refers to Communicloud Pty Ltd. and any of our corporate affiliates.
“Services” refers to, individually and collectively, our video conferencing, collaboration, and related services, support, professional services, websites (including www.CommuniCloud.com), and end user software on any platform. The Services are not intended for personal or consumer use.
“you” and “your” refer to individuals using or otherwise interacting with our Services.
“information” refers to data about you and your use of Services, may be retained in electronic or paper format, and includes personal data as defined by the Privacy Act 1988 (Privacy Act), Office of the Australian Information Commissioner.
Reasons We Process Your Information
We may process your information if:
- You, or the company you work for, or the company which provides you access to the Services, are a customer or a supplier.
- You, or the company you work for, or the company which provides you access to the Services or use our Services.
- You work for one of our suppliers, resellers, or other business partners.
- You work for someone who uses our products or services.
- You, or the company you work for, may be a candidate for our advertising or marketing efforts.
- You communicate with us, or we receive a communication from or regarding you, through our Services or other communication.
- You request information about us, our business, and/or the Services.
Information We Collect
We collect information from you when you voluntarily provide that information to us. This may occur, for example, when you register for an account, modify your profile and preferences, complete and submit a form through the Services, provide payment information to complete a transaction, contact us with inquiries, participate in an event or promotion, or respond to one of our surveys.
We collect information from you when you voluntarily provide that information as part of your use of the Services. Examples of this include: when you submit a technical support request, participate in a chat function as part of a CommuniCloud Meeting or Event, or request that a Meeting or Event that you are hosting be recorded using the Services.
We collect information about you from third parties including other Service users, third-party service providers which you have linked to your use of our Services (including social media accounts, single-sign-on services, and scheduling applications), resellers, distributors, your employer, your administrator, publicly available sources, data enrichment vendors, payment and delivery service vendors, advertising networks, analytics providers, and our business partners. The information which we receive from third parties depends on what policies that third party follows and our and your respective relationships with the third party.
Personal data relating to you that we process may include:
- Your name.
- Who you work for, and your job function or department.
- Your address, phone number, email address or other contact details (these details may relate to your work or to you personally, depending on the nature of our relationship with you or the company that you work for).
- Information relating to transactions with us involving you or the company you work for (for example, details of goods or services that we have supplied to, or obtained from, you or the person you work for).
- Information relating to you which it is necessary for us to process in order to enter into or perform a contract with you or the company you work.
- Certain device and connection information when you use our Services, including the type of device or endpoint (e.g. browser type and version, browser plug-in types and versions, operating system and platform) you are using to access the Services, IP address, geolocation data, duration of Service use, and connection quality. The amount of information may vary depending on the nature of the equipment you use to access the Services and may also include non-identifiable or aggregated information to conduct research on customer demographics, interests and behaviour.
Information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our website (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number or social media handle used to connect with our customer service team.
CommuniCloud websites may use a technology called “cookies” to collect certain information. Our cookies help provide additional functionality to the website, track the traffic patterns for our website, and study how our users use and interact with the Services. For instance, our website may set a cookie on your browser that allows you to access the website without needing to remember and then enter a password more than once during a visit to the Site. Please refer to your web browser’s instruction guide or help section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to better take advantage of some of the Services.
How We Use Information
How we use the information is shaped by the source of the information, the type of Services you use, and any privacy preferences that you have specified to us. Below are the specific purposes for which we use the information we collect or receive about you.
- To take steps in order to enter into any contract or carry out our obligations arising from any contract entered into between CommuniCloud and you, the company you work for, or the company which provides you access to the services, including:
- Services, related customer support, and supporting functions. We use the information you provide to make the Services available to you in a personalised manner which optimises your experience. Including, providing supporting functions like using the information you provide in your profile to identify you to other Service users, performing billing operations, identifying whether you are complying with your license grant for the Services, detecting fraudulent activity or other improper uses of the Services, and verifying your identity.
- To communicate with you about the Service. We may reach out to you using the information you have provided via email, telephone, in-window messaging, through the software for the Service, on the website, and otherwise as appropriate for transactional communications such a change of password confirmation, billing receipts, product updates, and responding to customer support requests. We also send you information as a new user for a Service to better help you use the Service. These communications are part of the Services and, in many cases, you cannot opt out of receiving them.
- For engagement communications – We may communicate with you or the company you work for to better help you engage with our Services and maximise use of the Services. This includes user training, letting you know about newly available features of your Services and seeking quality-related and engagement feedback.
- For promotional communications – We may communicate with you or the company you work for to better inform you of the Services available to you. This includes letting you know about potential new Services, newsletters, events, and Services we believe will be of interest to you. If we do so, and if required by applicable law, each communication we send you will contain instructions permitting you to “opt-out” of receiving future communications. You can also object to further marketing at any time by sending us an email at privacy@CommuniCloud.com.
- To better understand our users and improve Services accordingly. We may use such information to track, for example, the total number of visitors to our website, the number of visitors to each page of our website, the domain names of your Internet service provider, general geographic location, and how you use and interact with the Services. We can use this information to identify trends, usage patterns, service quality interruptions, undiscovered bugs in the Services, and better optimise your Services experience in the future. Also, in an ongoing effort to better understand and serve the users of the Services, CommuniCloud often conducts research on its customer demographics, interests and behaviour based on the information on an aggregate basis.
- There may be situations where legally believe it is required by law or necessary to protect our legal rights or the interests of others to use the information in connection with pending or active litigation, regulatory compliance efforts, audits, and disclosures in connection with the acquisition, merger or sale of a business.
- For other uses with your consent. If CommuniCloud intends on using any information in any manner that is not consistent with this Policy, you will be informed and be given the opportunity to provide your consent for such use and/or discontinue your use of the Services.
The Services are not intended to be used for profiling, automated processing, personal data relating to criminal convictions oroffences, other systematic monitoring of a public area, or any other operations which may result in a high risk of significantly affecting your legal rights.
If you are an EU resident, the following terms also apply:
CommuniCloud processes your personal data when we have an adequate legal basis for doing so. This means we collect and use your personal data where:
- We need it to provide you the Services;
- It satisfies a legitimate interest (which is not overridden by your data protection interests);
- You give us consent to use the personal data for a specific purpose; or
- We need to process your personal data to comply with a legal or contractual obligation.
If you have consented to our use of personal data for a specific purpose, you have the right to change your mind at any time, and the procedures for communicating that revocation of consent are detailed below. Any such decision will not affect any processing that has already occurred. Where you withdraw your consent, but we are using your information because we or a third party (e.g. your employer) have a legitimate interest in doing so, or we have different legal basis for using your information (for example, fulfilling a contract with you), we may continue to process your information, subject to your rights to access and control your information. However, this may mean your access to the Services will be limited or suspended, and your accounts may be terminated, as applicable.
How Long We Keep Information
CommuniCloud will generally retain information for so long as you are an active user of the Services. Most information is available for you to modify or delete on a self-service basis. For more extensive requests, you may make a request per the guidelines below. Metadata and/or connection analytics following use of the Services is retained and made available for a host user and/or an administrative user to review during an administrator-set retention period. Information that is older than the pre-set retention period will be obfuscated and archived.
Following the end of your subscription to the Services, your information will generally be deleted or obfuscated within six months of the end of your subscription. If the Services are made available to you through an organisation (e.g., your employer), we retain your information per your organisation’s instructions. For more information, see the “Additional Information Regarding Processing Information of Our Customers” section below.
Some information may be retained to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations, for marketing purposes according to your registered preferences if you have opted to receive such communication, information derived from cookies, and information required to continue to develop and improve our Services.
Where we retain information after your use of the Service, we take reasonable steps to make that data is not personally identifiable beyond the extent required to comply with our legal and regulatory obligations.
How We Protect Information
CommuniCloud takes appropriate physical, technical, and organisational measures to protect your personal information from loss, misuse, unauthorised access or disclosure, alteration, and destruction. We utilise a combination of industry-standard security technologies, procedures, and organisational measures to help protect your information from unauthorised access, use or disclosure.
Our primary data hosting service is in Australia. No Internet, e-mail or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you send to us in this way.
Who We Share Information With
There are certain circumstances in which we may share your information with certain third-parties. CommuniCloud manages any access by a third party to the information, and third parties are vetted based in part on their ability to protect information.
As part of your use of the Service, you may share information with other users of the Service. Those users of the Service may be located in nearly any location around the world, may be communicating with Third Party Sites (as defined below) while using the Services, and may be limited by law or by an agreement with us about their use of information you share. However, this Policy only addresses our use of the information.
We may share information with employees, contractors, agents, or consultants with a strict need-to-know under appropriate confidentiality obligations.
- We may share information with third parties which provide business-related functions on behalf of CommuniCloud, including:
- our business partners, customers, suppliers, service providers, vendors, sub-contractors for the performance of any contract we enter into or other dealings we have in the normal course of business with you or the company that you work for or the company that provides you access to the Services. For example business-related functions for which we may share information may include data hosting, analysing data, providing marketing assistance, providing customer service and technical support, processing orders, sending communications to you on our behalf or at our direction, user engagement and on boarding, soliciting feedback regarding the Services, facilitating invoicing and/or payments, and others in our reasonable discretion;
- CommuniCloud auditors, legal advisors and other professional advisors or service providers;
- We may share information with our authorised distributors and resellers if you have purchased your license to the Services through a party other than CommuniCloud to enable those distributors and resellers to fulfil their business obligations to you; and
- We may share information obtained via our Services with analytics and search engine providers that assist us in the improvement and optimisation of our site and subject to the cookie section of this policy.
When we employ another company to perform services of this nature, we only provide such company the right to use such information that is reasonably necessary to perform their specific function.
We may share information with third parties if we reasonably believe that such action is necessary for example:
- comply with a legal obligation, regulation, or government request,
- enforce our policies and agreements,
- protect and defend the rights, property, and safety of CommuniCloud, our customers, users, resellers, or others, or
- act in urgent circumstances to protect the personal safety of users of the Services or the public including exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction and to prevent cybercrime.
We may share information with our subsidiaries and corporate affiliates who support our processing of personal data under this Policy.
As we develop we might sell or buy businesses or assets. In the event of a corporate sale, acquisition, merger, reorganisation, dissolution or similar event, information may be part of the transferred assets. You will be notified via email and/or other means with any news of a transaction and any choices you may have regarding your information.
How We Transfer Information
We provide our Services primarily fromAustralia. If use of the Services requires the movement of information to our locations and the locations of our third-party service providers this may require that our international affiliates and have access to the information.
If you are an EU resident:
Your information may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”) that may not be subject equivalent data protection law. It may be processed by staff situated outside the EEA who work for us or for one of our suppliers.
We may transfer your personal information outside the EEA:
- In order to store it.
- In order to enable us to provide services to and fulfil our contract with you or the company your work for or the company that provides you access to the Services. Thisincludes order fulfilment, processing of payment details, and the provision of support services.
- Where we are legally required to do so.
- In order to facilitate the operation of our group of businesses, where it is in our legitimate interests and we have concluded these are not overridden by your rights.
- Where we have your consent to do so.
When we share information about you within CommuniCloud and with third parties in countries with local laws which may differ from yours, we make use of standard contractual data protection clauses.
Where your information is transferred outside the EEA, we will take all steps reasonably necessary to ensure that your data is subject to appropriate safeguards.
If you are an Australian national, where CommuniCloud discloses personal information (as defined by the Australian Privacy Act) of Australian nationals with third parties outside of Australia, CommuniCloud will operate in a manner materially consistent with the applicable Australian Privacy Principles and to privacy laws outlined by the OAIC.
Additional Information Regarding Processing Information of Our Customers
Where we provide access to the Services to you under contract with an organisation, or if you use an email address provided by an organisation to access the Services, that organisation may act as the controller of the information. Your use of the Services may be subject to that organisation’s policies. Each organisationmay appoint administrative users of the Services. An administrator may have the ability to access, modify, and/or delete certain information that you have provided, give information to Third Party Sites (as defined below), and restrict your access to the Services and information in whole or in part.
In this situation, CommuniCloud is the processor, rather than the controller, of your information. Where we are the processor, we do not control why or how your information is used, and you will need to contact your relevant controller (e.g. your employer and/or the company which provides you access to the Services) to find out about your data protection rights and responsibilities.
Privacy and Recordings
Video and audio services may be recorded and saved via the Services by the host account for the Service in which you are participating. We do not and cannot control whether your use of the Services is being video recorded or audio recorded, via the Services or a third-party technology. If you do not want to be recorded you may inform your host of that decision and/or decline to use the Services.
How You Can Access and Control Information
Your ability to control the information includes the ability to:
- Request a record of information you have provided
- Request that information be corrected or removed
- Request that we restrict the processing of your personal data (while we verify or investigate your concerns with this information, for example)
- Request that, to the extent reasonably possible, information be provided in a structured and commonly used electronic format for portability and transfer
- Object to and/or opt-out of our use of your information, including the right to object to marketing, in whole or in part
You can exercise many of these abilities directly through the Services via your CommuniCloud profile page. You may opt out of non-transactional emails through the email notification You can also exercise the rights listed above at any time by contacting us at firstname.lastname@example.org. In some instances, if you access the Services under contract with an organisation, we may be required to direct your inquiries to an administrative user.
If you no longer want to use our Services, you may choose not to access our website or video-conferencing services at any time and, as applicable, you will need to reach out to support@communicloud or an administrative user to deactivate your account. If you are an organisational user of the Services, you will need to arrange for an administrative user to remove personal data associated with your account. Otherwise, personal data will be deleted or obfuscated within 180 days of deactivating the account.
You may contact our Support team to ask us to stop accessing, storing, using and otherwise processing your information where our legal basis for doing so relies on your consent or is otherwise objectionable by law. Where you gave us consent to use your information for a limited purpose, you can contact our Support team to withdraw that consent, but this will not affect any processing already occurred. Where you withdraw your consent, but we are also using your information under a different legal basis (for example, fulfilling a contract with you), we may continue to process your information, subject to your rights to access and control your information. Please note that we may need to retain certain information to legal obligations, in accordance with our record retention practices, or to complete transactions.
Additional Notes on Your Privacy
CommuniCloud does not knowingly collect information from children under the age of 13, and our Services are not intended for use by minors (as defined in your relevant jurisdiction). By using our Services, you confirm to us that you are not under the age of 13 and/or not a minor.
Changes to this Policy
The Services and our business may change from time to time. As a result, at times it may be necessary for CommuniCloud to make changes to this Policy. CommuniCloud reserves the right to update or modify this Policy at any time and endeavour to give you the opportunity to review the revised Policy before you choose to continue using our Services.
Please review this Policy periodically. Your continued use of the Services after any changes or revisions to this Policy indicates that you have read and understood the terms of such revised Policy.
This Policy shall not apply to any unsolicited information you provide to CommuniCloud through this website or otherwise through the Services. This includes, but is not limited to, any ideas for new products or modifications to existing products. All such unsolicited information shall be deemed to be non-confidential. CommuniCloud shall be free to reproduce, use, disclose, distribute and exploit such unsolicited information without limitation or attribution. However, if such unsolicited information also includes personal data, we will also determine whether we have a lawful basis for the collection and use of that information prior to doing so.
How to Submit a Complaint/Dispute Resolution
If you have a complaint about CommuniCloud’ privacy practices, please write to us at the address below. We will take reasonable endeavours to resolve your complaint. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact the Office of the Australian Information Commissioner.
If you are an EU resident, and you have a request or concern about how we handle your personal information, you can also contact your local supervisory authority.
If you are an Australian national, and you have a complaint about how we handle your personal information, you can also contact the Office of the Australian Information Commissioner, GPO Box 5218, Sydney NSW 2001, Australia, http://oaic.gov.au.
How to Contact CommuniCloud