Programa Privacy policy

Information about how Programa handles your data

This Privacy Policy includes important information about how Programa collects and processes your data and we encourage you to read it carefully. This policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.

Introduction

In our mission to build the world’s most innovative software platform for the Architecture and Design Industry, we collect and use information about you, our:

1. Users of Programa tools and services. This typically includes interior designers, architects, brands, suppliers, clients and other related professionals;
2. Visitors to Programa’s websites; or
3. Anyone contacting Programa Support

This Privacy Policy will help you better understand how we collect, use, and share your personal information.

We are an Australian based company and we adhere to the obligations of the Australian Privacy Act as a starting point. As we offer our platform and services to users globally, we also carefully consider and where possible enact practices and obligations for users based in regions with alternative regulatory regimes and requirements.

Programa does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register. If you are under 18, please do not attempt to register for the Website or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 may provide any personal information to Programa or on the Website. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact support@programa.com.au

Please read this Privacy Policy, including any reference links, for the complete picture of your legal and privacy requirements. By using Programa or any Programa services, you are agreeing to these terms and policies.

Our Values

Your information belongs to you
Our guiding principle is that your information belongs to you, and we aim to only use your information to your benefit. As such, we carefully analyse what types of information we need to provide our services, and we try to limit the information we collect to only what we really need. Where possible, we delete or anonymise this information when we no longer need it. When building and improving our products, our engineers operate by ‘privacy by design’ principles and always have your privacy in mind as we build our products and services.

With Your Consent
Except as set out in this policy, you will be notified when your personal information may be shared with third parties, and will be able to prevent the sharing of this information.

We protect your information from others
If a third party requests your personal information, we will refuse to share it unless you give us permission or we are legally required.

Why we process your information

We generally process your information when we need to fulfil a contractual obligation (for example, to process your subscription payments to use the Programa platform), or where we or someone we work with needs to use your personal information for a reason related to their business (for example, to provide you with a service).

We may also process your personal information where you have provided your consent. In particular, where we cannot rely on an alternative legal basis for processing, where you direct us to transfer information to a third party, where we receive your data from a third party is sourced and it already comes with consent or where we are required by law to ask for your consent (including in the context of some of our sales and marketing activities). At any time, you have a right to withdraw your consent by changing your communication choices, opting out from our communications or by contacting us at support@programa.com.au or by exploring our Help Centre.

Your rights over your information

We believe you should be able to access and control your personal information. Depending on how you use Programa, you may have the right to request access to, correct, amend, delete, restrict, or object to certain uses of your personal information. Please note that a number of these rights apply only in certain circumstances, and all of these rights may be limited by law.

If you buy something from or otherwise provide your information to another Programa-powered user - like a Brand or Supplier merchant user account - and wish to exercise these rights over information about your purchase or interaction, you may need to directly contact the merchant or user you interacted with. In these circumstances we are a data processor and process information or facilitate payments or other interactions on their behalf.

Please submit your data subject requests to support@programa.com.au

Please note that if you send us a request relating to your personal information, we have to make sure that it is you before we can respond.

If you are not happy with our response to a request, you can contact us to resolve the issue. Depending on where you are based, you may also have the right to lodge a complaint with your local data protection or privacy authority.

Where we transfer your information

Due to the global nature of our business, Programa transfers data internationally with Programa group subprocessors, subcontractors and partners when carrying out the activities described in this Policy. Whenever we transfer personal data internationally, we use tools to make sure the data transfer complies with applicable law.

We also identify and use additional protections as appropriate for each data transfer. For example, we use advanced technical protections, such as encryption, tokenisation, access and pseudonymisation. We have and maintain relevant internal policies and processes to manage data transfers.

To operate our business, we may send your personal information outside of your state, province, or country, including to the United States. This data may be subject to the laws of the countries where we send it. We take steps to protect your information when we send your information across borders.

How long do we retain your information

We will retain your personal data only for as long as necessary to fulfil the purposes for which we have collected it. To determine the appropriate retention period, we consider the amount, nature and sensitivity of your personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means and the applicable legal requirements. We will also retain and use your personal information to the extent necessary to comply with our legal obligations, resolve disputes and enforce our policies. If you stop using our services or if you delete your account with us, we will delete your information or store your information in an aggregated and anonymised format.

Our use of advanced technologies

One of the ways in which we are able to help Programa users is by utilising techniques like “machine learning”, “automated decision-making” or “artificial intelligence” to help us improve our products and services. When we use or deploy these technologies we still have humans involved in and throughout the process; or use them in ways that don’t have legal or similarly significant effects.

How we protect your information

Our teams work tirelessly to protect your information, and to ensure the security and integrity of our platform. We put in place appropriate technical and organisational measures to help protect the security of your personal data. However, be aware that no system is ever completely secure. We also all know that no method of transmission over the Internet, and method of electronic storage, can be 100% secure. This means we cannot guarantee the absolute security of your personal information.

Keeping your personal data safe
We have put various safeguards in place to protect against unauthorised access and unnecessary retention of personal data in our systems. These include pseudonymization, encryption, access, and retention policies.

• To protect your user account, we encourage you to:
• use a strong password which you only use for your Programa account
• never share your password with anyone
• limit access to your computer and browser
• log out once you have finished using the Programa Service on a shared device

How we use “cookies” and other tracking technologies

We use cookies and similar tracking technologies on our website and when providing our services. For more information about how we use these technologies, and an explanation of how you can opt out of certain types of cookies, please see our Cookie Policy.

How you can reach us

If you would like to ask about, make a request relating to, or complain about how we process your personal information, please contact us at support@programa.com.au or by exploring our Help Centre.

Denpro Pty Ltd (trading as Programa) is the controller of your personal data, unless otherwise specified. For example, if you buy something from or otherwise provide your information to a separate Programa-powered user, this separate user is your data controller and we are acting as a processor on their behalf. If you have questions about how this user processes your personal information, you should contact the separate user directly or visit their privacy policy.

Types of data we collect and process

This section describes the personal data that Programa receives and/or processes (which may include collecting, organising, structuring, storing, using, or disclosing) when you interact with Programa website or use Programa products and services.

What Personal Data we receive

Personal Data is any information from or about an identified or identifiable person, but does not include aggregated or anonymised information. We receive Personal Data when you use or interact with Programa websites or use Programa products and services. This may include the following categories:

• Profile and Contact Information: We receive contact or other profile information when you sign up for or interact with Programa services, which may include name, address, email address, profile picture, or other information you choose to provide us. We may link this information to the different devices or accounts you use when you interact with Programa websites or use Programa products and services.
• Device Information: We receive information about the computers, phones, and other devices you use when you interact with Programa website or use Programa products and services including: IP address (which may be used to determine general location), device identifiers, cookie IDs, the browser you use, or other unique identifiers or device information.
• Payment Information: We receive payment information when you make a purchase through Programa services, such as your payment card number and expiration date.
• Use of Programa Services: We receive information regarding your use of or interactions with Programa websites or use Programa products and services.
• Settings Preferences: We receive information about your account settings and preferences.
• Communications with Programa: We receive information, including message and email content, when you communicate with Programa (such as for customer support inquiries, taking surveys, participating in promotions or research).
• Social Network Accounts: If you choose to link, connect, or login to Programa Consumer Services through a third party online service, you direct the service to send us certain information about you controlled by that service, such as profile information. This sharing is subject to the applicable privacy notices and your privacy settings of that service.
• Third Party Service Integrations: We receive information from services that you connect to your account. We do not use this information for advertising or marketing purposes.

How we use your Personal Data
Programa uses Personal Data for the following purposes depending on how you interact with us or which Programa services you use and based on your activity across all devices where you log in to, or interact with, Programa websites or Programa services:

• Provide, improve, and customise Programa services: To provide customised Programa services to you, including by providing easy payment options, recommending products, and customising the products featured for you, and to improve Programa services, including based on your use of Programa services and activity with other Programa users.
• Track and implement your preferences and settings: To track and implement your settings and preferences with Programa or with interactions with other Programa users.
• Perform product research and development: To develop, test, and improve Programa services, including troubleshooting our products and services, developing new or improved Programa services, and analysing your use of and interactions with Programa services.
• Advertise, market and promote Programa: To market, advertise, and promote Programa services on and off Programa, including for personalised communications or advertisements relating to the Programa services on third-party services.
• Provide customised advertising: To provide advertising services to our users, which may include personalised advertising.
• Communicate with you: To communicate with you about Programa services, about product updates, your account, and changes to our policies and terms. We will communicate with you provided you have indicated that you do not object to being contacted for these purposes. We also use your information to respond to you when you contact us. To enable us to monitor the efficacy of our communications, our marketing emails contain tracking technology that enables us to tell whether they have been opened and read, whether links have been clicked upon and the date, time and city-level location of recipient engagement with our emails. You may opt-out by using the relevant settings available or contacting support@programa.com.au or by exploring our Help Centre.
• Authentication, integrity, security and safety: To authenticate your account, provide a secure payment and procurement experience, and to detect, investigate, and prevent malicious conduct, fraudulent activity or unsafe experiences, address security threats, protect public safety, and secure Programa Services for you and our other users.
• Legal Reasons: To comply with applicable law or respond to valid legal process, including requests from law enforcement or government agencies, to investigate or participate in civil discovery, litigation, or other adversarial legal proceedings, and to enforce or investigate potential violations of our terms or policies.

Programa may also aggregate, de-identify, and/or anonymise any information collected through the Programa services in such a way that we cannot reasonably link information to you or your device. We may use such aggregate, de-identified, or anonymous information for any purpose, including, for example, to improve the Programa service.

How we process your personal data on behalf of Programa Brands and Suppliers (also identified as merchant users)
Programa processes your Personal Data from merchant users you interact or shop with in order to help these users run their business and to provide business services to them. When Programa processes Personal Data in this way, we are acting at the direction of these users, and their own terms of service and privacy policy apply — not Programa's. For more information about how these users collect and use personal information, please review their terms and privacy policy. In addition, some of these users may instruct us to use Personal Data they share with us for targeted advertising using these services.

Third-parties who may receive personal data
Depending on which Programa services you use or interact with, Programa may provide Personal Data to the following categories of third parties:

• Vendors: Programa works with third-party service providers to provide, support, and improve Programa services and technical infrastructure, for business services such as payment processing, including in relation to purchases made when you use Programa Services, and for marketing and business analytics.
• Marketing, Advertising and Analytics Partners: We may use third-party marketing, advertising, and business analytics partners to deliver personalised advertising and to help us understand how people use or interact with Programa services and our users. These partners may receive information about your use of, or interactions with, Programa services, including through third-party cookies or other technologies. For example, we may make information available to third-party advertising companies to serve you with relevant ads or content and to manage, improve and measure our advertising campaigns. Providing information to third parties for personalised advertising services may be considered “sharing” for cross-context behavioural advertising, or “targeted advertising,” as defined by applicable law. You may opt-out of our sharing of Personal Data for cross-context behavioural advertising or targeted advertising by using the relevant settings available or contacting support@programa.com.au or by exploring our Help Centre.
• Change of Control: We may share Personal Data with actual or prospective acquirers, their representatives and other relevant participants in, or during negotiations of, any sale, merger, acquisition, restructuring, or change in control involving all or a portion of Programa's business or assets, including in connection with bankruptcy or similar proceedings.
• Legal Reasons: We may share Personal Data as needed to:
  - comply with applicable law or respond to, investigate, or participate in valid legal process and proceedings, including from law enforcement or government agencies;
  - enforce or investigate potential violations of Terms of Service or policies;
  - detect, prevent, or investigate potential fraud, abuse, or safety and security concerns, including threats to the public;
  - meet our corporate and social responsibility commitments;
  - protect our and our users' rights and property; and
  - resolve disputes and enforce agreements.
• Sharing at your discretion: Where you provide consent, we share your information as described at the time of consent, such as when connecting with a third party application or website.

Third Party Partners & Integrations
Parts of our services may link to third party services. Programa doesn't own or control these third parties. When you interact with these third parties and choose to use their services, your use is subject to the privacy policies of those providers.

Your Privacy Rights and Choices
You may have certain rights to manage your Personal Data depending on where you live. Depending on your jurisdiction, the following rights may apply, subject to certain exceptions:

• Access and Portability: Right to request access to your Personal Data.
• Correction / Rectification: Right to correct inaccurate or incomplete Personal Data in certain circumstances.
• Deletion / Erasure: Right to delete Personal Data about you.
• Right to opt out of “sharing” for cross-context behavioural advertising or targeted advertising. Right to opt-out of the “sharing” of your Personal Data for cross context behavioural advertising or targeted advertising.

You can also update your account information or request to deactivate or delete your account directly through your in-app settings or by contacting support@programa.com.au or by exploring our Help Centre.

Retention

We retain Personal Data for as long as we have an ongoing business need to do so (e.g., to provide the Programa services, to comply with applicable legal, tax, or accounting requirements, for security and fraud detection or prevention, or in connection with backup or disaster recovery processes), unless a different retention period is permitted or required by applicable law. The criteria used to determine our retention periods include the following:

• The length of time we have an ongoing relationship with you and provide Programa services to you (for example, for as long as you have an account with us or keep using our services);
• Whether you modify or delete your information through your accounts;
• Whether Programa has a legal obligation to keep the data (for example, certain laws require Programa to keep records of your transactions for a certain period of time); or
• Whether retention is advisable in light of our legal position (such as in regard to the enforcement of our agreements, the resolution of disputes, the applicable statutes of limitations, litigation, or regulatory investigation).

Personal data we collect about you
This data is collected when you sign up for the Programa Service or when you update your account:

This information is collected through your use of the Programa platform and services:

We receive some of the data mentioned above from third parties or from additional data you choose to provide to us:

Our purpose for using your personal data

Disclosing your personal data

This section sets out who receives personal data which is collected or generated through your use of the Programa platform.

For instance, you may choose to disclose your personal data. We will only disclose the following data where you have chosen to use a Programa service feature, or a third party application, service or device, and we need to disclose personal data to enable this, or if you otherwise grant us your permission to disclose the personal data. For example, you can do it by selecting the appropriate setting in the Programa service or by giving your consent.

Alternatively, we may also disclose information in the following circumstances:

Changes to this Privacy Policy

We may update this Privacy Policy periodically to account for changes in our collection and/or processing of Personal Data, and we will post the updated Privacy Policy on our website, with a “Last Updated” date at the top. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If appropriate, we may notify of significant changes by sending you an email. You are bound by any changes to the Privacy Policy when you use the Website or Programa products and services after such changes have been first posted.

Additional Privacy Information for Brands & Suppliers

Introduction
If you are a Brand, Supplier or merchant using Programa to power your business, we collect and use your personal information to provide you with the use of our platform and its services, and generally to help you better manage your business and your relationship with your customers.

What information we collect about you and why
We collect personal information when you sign up for Programa, when you use our platform, or when you otherwise provide us information. We may also use third party service providers - like Stripe to facilitate your payments. In general we need information about you for you to be able to use our platform. We process your personal data in order to perform our contract with you or because it is in our legitimate interests to maintain our business relationship, prevent risk and fraud, provide effective services to you, improve our products and services, and to be responsive to you. In some cases, we only process your personal information with your consent.

When and why we share your information with others

We work with a variety of companies to help us provide you with a range of services. We sometimes share your personal information with these companies to help us provide you with Programa services.

We also share your personal information with others:

1. to prevent or investigate suspected fraud, threats to physical safety, illegal activity, or violations of a contract (like our Terms of Service) or our policies (like our Acceptable Use Policy);
2. to help us conduct marketing and advertising;
3. to comply with legal requirements

Additionally, almost anyone using the Programa platform also uses non-Programa services to support their business (for example, software, sales channels, payment gateways, or shipping providers). Programa doesn’t control how these services use your personal information, and you should review any other service you use to make sure it meets your privacy expectations.

Your rights over your information

You can access and correct a lot of your personal information directly through the Programa admin. For information you are not able to access or correct directly within the Programa admin, please contact us at support@programa.com.au or by exploring our Help Centre. Please note that some data subject rights only apply in certain circumstances, and all of these rights may be limited by law.

How long we retain your information

Because we need your personal information to provide Programa services, we generally keep your personal information while you use Programa products or services. If you close your account, you stop paying your subscription fees, or we terminate your account, we retain store information for two years before we begin the process of deleting or anonymising personal information. We don’t do this immediately in case you reactivate your account, or if there is a legal complaint or audit relating to your business. If you contact us to request deletion of your information, we will begin the process of deleting or anonymising personal information after 90 days, except if we are legally required to retain specific information. Please keep in mind that after we anonymise your personal information, we may continue to use non-identifiable information to improve our services.

Your customers’ information

In order to power your business, we collect and use personal information about your customers. In general, we collect and use this personal information as directed by you, and as further described in our Data Processing Addendum. Legally speaking, we are a “data processor” and a “service provider” as these terms are used in certain applicable privacy laws, including in Europe, the UK, and the US.

Because you decide how the personal information of your customers will be used, you need to make sure your customers understand how you (and how we on your behalf) collect and process their personal information. You should do this by, at a minimum, posting a privacy policy on your website that describes the information you collect, how you use it, and who you share it with. If you are collecting any “sensitive” personal information from your customers, you should get the affirmative, express consent from your customers to use and process this information.

Additional Information about how we process data globally

Processing data globally to fulfil our service obligations

We also work with and process data about individuals across the world.

Laws in the European Economic Area (“EEA”) and in the United Kingdom (“UK”) call these reasons “legitimate interests.” These “legitimate interests” include:

• preventing risk and fraud
• answering questions or providing other types of support
• helping users find and use services or products within the Programa platform
• providing and improving our products and services
• providing reporting and analytics
• testing out features or additional services
• assisting with marketing, advertising, or other communications

We only process personal information for these “legitimate interests” after considering the potential risks to your privacy and balancing any risks with certain measures — for example, by providing clear transparency into our privacy practices, offering you control over your personal information where appropriate, limiting the information we keep, limiting what we do with your information, who we send your information to, how long we keep your information, or the technical measures we use to protect your information.

United States Regional Privacy Notice

This United States Regional Privacy Notice (“US Notice”) supplements our Privacy Policy on https://programa.design/ (together, the “Programa Privacy Policies”).

This US Notice is for individuals residing in certain US states and is designed to help you better understand how we collect, use, and disclose your personal information and, depending on how you use Programa and where you reside, how to exercise available rights under various applicable privacy laws in the US, specifically the California Consumer Privacy Act, the Colorado Privacy Act, the Connecticut Act Concerning Personal Data Privacy and Online Monitoring, the Utah Consumer Privacy Act, and the Virginia Consumer Data Protection Act (collectively, the “US Privacy Laws”).

What information we collect and share about you

To provide our apps and services to you, we must process information about you, including personal information. We do not “sell” your personal information as that term is defined under US Privacy Laws.

Here is a summary of the categories of personal information we may have collected about you over the past 12 months and with whom we may have disclosed that information to, depending on how you use Programa.

Why we collect and share your Personal Information

We use and share your personal information for the purposes set out in the Programa Privacy Policies. For categories of sensitive personal information that we collect, we only use or disclose such information either with your specific consent when required, or as otherwise permitted by law.

Sources of Personal Information

We collect and use personal information provided by:

1. You: We collect the information you provide when you use our platform, including when you sign up for Programa as a user, fill in order information, visit one of Programa’s websites or contact Programa support. We collect account and payment information you provide to us (including information about your business if you are a merchant), purchases you make, and how you otherwise interact or communicate with other users on our apps or services. We also collect information about how you browse through our apps and sites, including search terms you may enter.
2. Your device(s): We collect information from and about the devices you use, including computers, phones, and other web-connected devices you use to access our apps or services, and we combine this information across different devices you use.
3. Third parties: We receive information from partners who help us provide you with our services including the following:
   1. Service Providers: We receive information from our service providers who help us provide services to our users. For example: reviewing accounts or online payment transactions for fraud or other concerns. We may receive information to identify procurement-related messages or in-app payment transactions you make or receive and display information about specific quotes, orders or payments you have made, and other related information.
   2. Subprocessors: We work with third party subprocessors for cloud hosting, content delivery, data analysis, internal logging, and email transmission, among others, to provide you with our services.
   3. Analytics and cookie providers: We receive information through our use of cookies, social plugins (such as the Facebook “like” button), pixels and tags for business purposes, such as providing information to help measure how users interact with our website content. For more information about how we use these technologies, see our Cookie Policy.
      

How long we keep your information

Because we need your personal information to provide Programa services, we generally keep your personal information, including sensitive personal information, while you use Programa products or services or until you tell us to delete your information. We may also keep personal information to comply with legal obligations or protect our or other’s interests.

If you stop paying your subscription fees, or we terminate your account, we retain account information for two years before we begin the deletion process.

When you visit or make a purchase from a separate merchant-type user, we act as a service provider or processor for the merchant, and the merchant, not Programa, decides how long your information is retained.

Your rights over your information

Depending on where you live, how you use Programa, and subject to certain exceptions, you may have some or all of the following rights:

1. Right to Know: The right to request that we disclose to you the personal information we collect, use, or disclose about you, and information about our data practices.
2. Right to Request Correction: The right to request that we correct inaccurate personal information that we maintain about you.
3. Right to Request Deletion: The right to request that we delete personal information that we have collected about you.
4. To exercise your rights, please contact us at support@programa.com.au

If you have visited or made a purchase from a separate merchant-type user’s account via Programa, please contact the specific user directly. If you make a request to us, we will forward your request to the relevant merchant.

Please note that to protect your information and the integrity of our products and services, we may need to verify your identity before processing your request.

Under US Privacy Laws, you may also designate an authorised agent to make these requests on your behalf. If you use an authorised agent to submit a request, we may need to collect additional information to verify your identity before processing your request to protect your information.

In certain states, you may have the right to appeal our decision regarding a request related to these rights. If you wish to appeal a decision, please contact us at support@programa.com.au