Privacy Policy

YOUR PRIVACY IS IMPORTANT TO US

Eclipse Computing (Australia) Pty Ltd respects your privacy. All our staff are required to read this policy and understand their responsibilities when dealing with personal information.

In this policy:

· sensitive information refers to information about a person's racial or ethnic origin, political opinions or associations, religious beliefs or affiliations, philosophical beliefs, trade and professional memberships, sexual preferences or practices, criminal record or health information;

· Eclipse, we, us and our refer to Eclipse Computing (Australia) Pty Ltd ABN 40 051 758 199 ACN 051 758 199, Eclipse (New Zealand) Limited and Eclipse eOne Pty Ltd trading as EclipseOne.

· you and your refer to you, an individual whose personal information we may deal with; and

· personal information refers to any information or an opinion whether true or not, from which an individual's identity is apparent, or can reasonably be ascertained

Eclipse

Eclipse is a member of the Eclipse Global group of companies that offers a variety of financial and business management solutions to customers around the world. Find our more about us at www.eclipsecomputing.com.au

OUR PRIVACY PRINCIPLES

Eclipse is bound by the National Privacy Principles (NPPs) in the Privacy Act 1988 (the Act). We have adopted internal policies and procedures to ensure that your personal information is dealt with in accordance with the NPPs. You can see the full text of the NPPs online at www.privacy.gov.au.

COLLECTION

We may need to collect personal information from you such as your name, address, phone numbers and other contact details. We may also collect details of your age, sex, hobbies and other interests for marketing purposes.

We need to collect personal information so we are able to:

· identify our customers and potential customers, and their authorised representatives;

· inform individuals of marketing initiatives we think may be of interest
· provide goods, services or other benefits to be offered to customers;

· conduct our business in a professional and efficient manner;

· develop and implement initiatives to improve our products and services.

If you do not provide us with some of the personal information we request from you, we may be unable to do business with you.

Where possible we will collect your personal information directly from you. However, your representatives or other third parties may hold personal information (eg, financial or bank account details or a credit reference) that we may need to access for particular business transactions or other purposes. Where we are at liberty to do so, we will use our best endeavours to seek your consent before obtaining your personal information from third parties.

Your personal information will be collected by us when you:

· contact us about our products and services, in person or over the telephone or internet;

· enter into a business transaction with Eclipse;

· contact our support desk; or

· make an inquiry, where your personal details are required to fulfil the query.

Your personal information will usually be recorded or up-dated in our records, each time we have contact with or from you.

Any additional purpose for the collection (not included in this policy) will be identified when we collect your personal information, or as soon as practicable afterwards.

SENSITIVE INFORMATION

We generally do not need to collect "sensitive information" (as defined in the Act) about you. However, where we are at liberty to do so, and it is practicable to do so, we will seek your consent before collecting your sensitive information and inform you of the purpose at the same time.

USE

We may use your personal information:

· to identify you;

· to minimise risk of unauthorised access to your personal information in our records, or accounts or services in our control;

· to improve our services to you or any of our customers;

· to provide prospective customers with case studies of past projects we have been involved in, customer references, employee resumes or supplier details for reference purposes;

· to keep you informed of our service offerings, up-coming seminars, user group meetings or industry news;

· to derive or aggregate anonymous information from which you cannot be identified as an individual;

· to prevent or lessen a threat to a person's life or health;

· where disclosure is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim;

· for the purpose for which it was collected, or for a related purpose (or a directly related purpose in the case of "sensitive information" as defined in the Act) that you would reasonably expect from us;

· for other purposes permitted, required or authorised by or under law; and
· for any other purpose, where you have consented to its use for that purpose.

DISCLOSURE

Except where indicated above, we will not disclose your personal information to a third party unless:

· the disclosure is for a primary purpose for which the information was collected;
· you have consented to the disclosure;

· the third party is our agent or contractor, in which case we will require them to use your personal information only for the purpose for which it was disclosed;

· there are reasonable grounds to believe that disclosure is necessary to prevent or lessen a threat to your life or health or that of another person;

· the disclosure is to a subsidiary or holding company, or a company in the Eclipse Global group of companies;

· the disclosure is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim; or

· the disclosure is permitted, required or authorised by or under law.

OUR WEBSITE

To ensure we are meeting the needs and wants of our website users, and to develop our online services, we may collect aggregated information by using cookies.

Cookies are unique numbered identification numbers like tags that are placed on your browser. They do not in themselves identify you personally, but may be linked back to a database record about you.

We may use cookies to track your use of our web site, and to compile statistics on visits to the site in an aggregated form and log anonymous information such as:

· the address of your server,

· your top level domain (such as .com. or .au)

· the date and time of your visit

· the pages you accessed and downloaded

· the search engine you used

· what type of browser was used

When you visit our site a cookie may be placed on your machine. Where you have visited us before the cookie may be read each time you re-visit the site.

If you register on our site we may link your Cookie back to your personal information stored on our database and you may, in this way, be personally identified.

If you choose not to have your browser accept cookies from our site, you will still be able to view the text on the screens.

MARKETING

We may use your personal information to advise you of new services and marketing initiatives that we think may be of interest to you. This may include newsletters and general information about Eclipse.

If you would prefer not to receive information about our products and services, please contact our Privacy Officer on e-mail at privacyofficer@eclipsecomputing.com.au to be removed from the relevant circulation list. We may require written confirmation of your request, for example where legislation requires us to provide particular communications to you.

We do not disclose your personal information to a party outside the Eclipse Global group of companies for the purposes of allowing them to direct market their products or service on you.

CORRECTION OF RECORDS

During the course of our relationship with you we will ask you to tell us of any changes to your personal information. We ask you to notify us of any changes, incompleteness or inaccuracy from time to time so we can update your personal information. Once we receive your notification, we will take reasonable steps to correct the information in the manner that you have requested.

If we consider that the personal information we retain does not require amendment, we will note your request to correct your personal information on our files.

SECURITY

The protection of your personal information is a priority for Eclipse.
We are committed to maintaining:

· safeguards to protect personal information against unauthorised use, disclosure, access, alteration, destruction and accidental loss. All personal information we hold is dealt with in accordance with the NPPs;

· industry standards for the security and protection of information. Your personal information is stored securely and access is restricted to authorised personnel only. Our computer systems require access passwords, and these are kept secure; and

· internal policies on management of personal information and staff training to ensure compliance with these policies. All our staff are required to read this policy and understand their responsibilities in relation to your personal information.

ACCESS TO YOUR PERSONAL INFORMATION

We will generally allow you access to any personal information that we hold about you on request - subject to any Restrictions on Access. We will try to give you access in a form and manner that suits your needs.

To request access please contact our Privacy Officer on e-mail at
privacyofficer@eclipsecomputing.com.au.

RESTRICTIONS ON ACCESS

You may not be allowed access to the personal information we hold about you where access would reveal evaluative information generated by Eclipse in connection with a commercially sensitive decision-making process. Instead, Eclipse may give you an explanation for the decision, rather than direct access to the information.

If we have given you such an explanation and you believe that direct access to the evaluative information is necessary to provide a reasonable explanation of the reasons for the decision, we will, at your request, review the decision. Personnel other than the original decision-maker will conduct the review.

Wherever direct access by you is impractical or inappropriate, we should consider together whether the use of a mutually agreed intermediary would allow sufficient access to meet both our needs and concerns.

Other instances where it may not be appropriate to provide you with access to the personal information we hold about you, include where:

· providing access would pose a serious and imminent threat to the life or health of any individual;

· providing access would have an unreasonable impact upon the privacy of other individuals;

· the request for access is frivolous or vexatious;

· the information relates to an anticipated or existing legal dispute us and disclosure would compromise our position.

CHARGES FOR ACCESS

You will incur no charges for lodging a request to access your personal information. However, we may levy a reasonable charge for providing the access. We will provide an estimate of any charge to you on request or if it appears to us that the work will be onerous or otherwise warrants a charge.

OVERSEAS TRANSFER

We may transfer your personal information overseas for the purposes of data storage and to integrate your personal information with information obtained by other companies in the Eclipse Global group of companies.

We will not otherwise transfer your personal information outside Australia unless:

· we reasonably believe that the recipient of the information is subject to legal obligations that uphold principles for the protection and fair handling of personal information that are substantially similar to the principles contained in the NPPs and this policy; or

· you give us your consent to do so, expressly or by implication; or

· we are contractually required to do so; or

· the transfer is for your benefit, and it is not practicable for Eclipse to obtain your consent (and if you were able to grant consent, you would be likely to give it) - in this instance we will advise you to whom your information has been disclosed as soon as practicable.

CHANGES TO OUR POLICY

We may update or change this policy at any time. When we do so, we will publish the current policy on our web site.

If you have any suggestions or concerns about this privacy policy, please contact our Privacy Officer on e-mail at privacyofficer@eclipsecomputing.com.au.

COMPLAINT RESOLUTION

We are committed to constantly improving our procedures so that your personal information is treated appropriately.

If you feel that we have failed to deal with your personal information in accordance with the NPPs or this policy, please speak to us so that we have an opportunity to resolve the issue to your satisfaction.

The person to contact is our Privacy Officer, whose full contact details are:

Our Privacy Officer will manage the following process for us to:

· listen to your concerns and grievances regarding our handling of your personal information;

· discuss with you the ways in which we can remedy the situation; and

· put in place an action plan to resolve your complaint and improve our information handling procedures if appropriate.

If this process does not result in an outcome that is satisfactory to you, you may contact the Privacy Commissioner's Office. We will work together with the Privacy Commissioner's Office to resolve the issues between us.

The contact details for the Privacy Commissioner's Office are as follows:

Further information about privacy and your rights can be obtained at the Federal Privacy Commissioner's website at www.privacy.gov.au.

CONTACT INFORMATION

If you wish to access any personal information of yours that we are storing, or have a query about this policy, please contact us on e-mail at privacyofficer@eclipsecomputing.com.au.

Eclipse is located at: