EFFECTIVE: May 31, 2017
- INFORMATION WE COLLECT
Personal Data is information that directly or indirectly identifies you as an individual, such as your name, email address, mailing address, telephone number and location.
Activity Data is information that, by itself, does not individually identify you, such as browser type, operating system, the webpages you viewed and how long you viewed them.
Prisma generally does not treat Activity Data as Personal Data. We may, however, link together different types of Activity Data or link Activity Data to Personal Data. If linked information identifies (or can be used to identify) an individual person, Prisma treats the linked information as Personal Data.
- HOW WE COLLECT INFORMATION
Prisma collects information in the following ways:
When You Give Prisma Information
You are required to create an account to use certain features of the Site. When you create an account, we ask you for Personal Data, such as your name, email address, telephone number and the type of investor you are (e.g., individual, analyst, broker). We may also collect and retain a record of all communications with you.
Data Collection Technology
We use Data Collection Technology that collects information, such as how long you spend on various webpages on the Site, which webpages you view, your search queries, error and performance reports and the webpages that you visited before and after using the Sites, as well as browser type, time zone, language settings and operating system.
Data Collection Technology deployed through the Site includes web beacons, cookies and analytic services. A web beacon (also called a pixel tag or clear GIF) is computer code that communicates information from your device to a server. Some of Prisma’s content and emails may contain embedded web beacons that allow a server to read certain types of information from your device, allow us to count the number of people who have viewed content, to know when you opened an email message and the IP address of your device. Web beacons help Prisma develop statistical information to provide better and more personalized content.
Cookies are small text files that are sent to or accessed from your web browser or your computer’s hard drive. A cookie typically contains the name of the domain (internet location) from which the cookie originated, the “lifetime” of the cookie (i.e., when it expires) and a randomly generated unique number or similar identifier. A cookie also may contain information about your computer, such as user settings, browsing history and activities conducted while using the Site. To learn more about cookies and web beacons, visit www.allaboutcookies.org.
Some web browsers (including some mobile web browsers) provide settings that allow you to control or reject cookies or to alert you when a cookie is placed on your device. You also may be able to reject mobile device identifiers by activating the appropriate setting on your mobile device. Although you are not required to accept cookies or mobile device identifiers, if you block or reject them, you may not have access to all features available through the Site.
Prisma also uses analytics services, such as Google Analytics, to collect Activity Data. Generally analytics services do not identify individual users. Many analytics services allow you to opt out of data collection. For example, to learn more about Google Analytics practices and to opt out, visit
www.google.com/settings/ads or by downloading the Google Analytics opt-out browser add-on at
- DO NOT TRACK
Prisma does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (“DNT”) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser allows you to set the DNT signal so that third parties (particularly advertisers) know you do not want to be tracked. You should consult the help pages of your browser to learn how to set your preferences so that websites do not track you.
- HOW WE USE AND SHARE YOUR INFORMATION
We do not disclose any nonpublic personally identifiable information about its Site users to any nonaffiliated third party, except as set forth below.
We may also store your personally identifiable information and share it with our affiliates. We may use or disclose this information for marketing, research and other business purposes, and we may associate your personally identifiable information with other information we collect about you, such as details about your usage patterns and interests, but we will not sell this information or disclose it to third parties.
We may also use service providers to facilitate our services or platform functions on our behalf. These companies and individuals may have access to your personally identifiable information, as needed to perform their functions, but may not use it for another purpose.
Prisma, or substantially all of the assets of Prisma or one or more of its businesses, are acquired or merged with another entity, whether an affiliate or a third party, user information may be one of the transferred assets. We may transfer all user information (which may include personally identifiable information) to our acquirers or successors. However, Prisma reserves the right to use any personally identifiable information in any manner permitted by law.
- HOW WE PROTECT AND STORE INFORMATION
Prisma takes precautions intended to help protect information that we collect and store. However, no system or electronic data transmission is completely secure. Any transmission is at your own risk and we expect that you will use appropriate security measures to protect your information.
You are responsible for maintaining the security of your account credentials and other authentication involved in obtaining access to password-protected or secure areas of the Site. Prisma will treat access to the Site through your account credentials as authorized by you. Unauthorized access to password-protected or secure areas is prohibited and may lead to criminal prosecution. We may suspend your use of all or part of the Site without notice if we suspect or detect any breach of security. If you believe that information you provided to us is no longer secure, please notify us immediately using the contact information provided below.
We retain information for as long as necessary to fulfill the purposes for which you provided the information, to comply with law legal obligations, to resolve disputes, to enforce agreements and similar essential purposes.
- LINKS TO OTHER WEBSITES AND SERVICES
- NOTICE TO INTERNATIONAL VISITORS
- LIMITATION OF LIABILITY AND DISCLAIMERS
Prisma its affiliates and their respective officers, directors, managers, partners, members, shareholders, employees, affiliates and agents (collectively “Related Persons”) make no representations or warranties and specifically disclaim any and all warranties of any kind, express or implied, whether oral or written, with respect to the Site and the Content, including any representations or warranties with respect to merchantability, fitness for a particular purpose, title, non-infringement, availability, security, accuracy, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery. Your use of the Site and the Content is on an “as is” and “as available” basis to the fullest extent permissible under applicable law. Any oral or written advice provided by Prisma and its agents does not, and will not, create any warranty.
In no event shall Prisma, its affiliates or their Related Persons be liable to any party for any claims, liabilities, losses, costs or damages under any theory, including but not limited to any direct, indirect, punitive, special, incidental, reliance, consequential or exemplary damages, including lost profits, loss of data or damage to real, tangible or intangible property, arising out of, or in connection with, any access, use (or inability to use) or distribution of the Site, or any Content therein. This is true even if Prisma has been advised of the possibility of such damages or losses.
YOU AGREE THAT PRISMA’S MAXIMUM LIABILITY UNDER THESE TERMS IS LIMITED TO $1,000. YOU FURTHER AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES. ACCORDINGLY, THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY IN THEIR ENTIRETY TO YOU. YOU UNDERSTAND AND AGREE, HOWEVER, THAT OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You acknowledge and agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms and that Prisma would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
- GOVERNING LAW AND FORUM
You agree to waive trial by jury in any such action.
HOW TO CONTACT PRISMA
Please contact us at:
Prisma Capital Partners LP
9 West 57th Street, Suite 2600
New York, New York 10019