Aginity Privacy Policy

Aginity, Inc. (“Aginity,” “we,” “us,” or “our”) is a software company leading a new category of enterprise software that allows enterprises to manage their analytics as reusable assets.  As used herein, the terms “you,” “your,” and “yours” refer to the user or viewer of our website, the user of our applications or other individuals whose personal information may have been provided to us in connection with our lawful operation of our business.

We have designed our privacy and data protection policies and practices to earn and maintain your trust in us and ensure our ongoing compliance with applicable law. Our Privacy Policy applies to information collected by us through our website (www.aginity.com) and applications available on our website, such as Aginity Workbench™, Aginity Pro™, and Aginity Premium™ as well as information provided by registrants to seminars, workshops and events attended by our personnel as well as other individuals expressing interest in our products or services.  This Privacy Policy explains how we collect, share and use your personal and how you can effectively exercise your privacy rights.

Our Privacy Policy does not apply to client information collected and maintained with Aginity software in client environments, which may be subject to their own privacy policies. Information obtained from our business partners or collected in connection with our customer relationships may be subject to additional requirements or policies set forth in our agreements with such partners and customers.

Please read this Privacy Policy carefully, as your use of this website indicates to us that you have read and accepted our privacy practices. In addition, if you use any of our applications available on our website, please review the applicable End User Licensing Agreement (“EULA”) during your installation and use of such applications. Your use of our applications confirms your agreement to the terms presented in our EULA, including as may pertain to the collection and maintenance of your personal information.  If you have any questions or concerns about our use of your personal information, please contact us using the contact details provided at the bottom of this Privacy Policy.

Modifications to this policy

This policy was last updated on October 1, 2020.  We reserve our right to update this Privacy Policy from time to time, and in such case, we will notify you of changes by posting such version of the Privacy Policy on our website.

Security

We use reasonable and customary industry measures to safeguard sensitive personal information, which measures are appropriate to the type of information maintained and are in accordance with applicable laws for safeguarding such information under our control. In addition, in some areas of our website, we may use Secure Socket Layer (“SSL”) or Transport Layer Security (“TLS”) encryption technology to enhance data privacy and help prevent loss, misuse or alteration of the information under our control. Nonetheless, we encourage you to use reasonable caution when disclosing information online. In many cases, you are in the best situation to protect yourself online, including by protecting your username and password from third party access and selecting and maintaining secure passwords.

Information

Collection Information Voluntarily Provided to Us

As part of your visit to our website, use of our applications or registration for our website, workshops, seminars or events, you may be asked to provide personal information voluntarily, including to: (1) learn more about our products or services or facilitate your registration for such products or services; (2) submit requests, suggestions, feedback or other communications to us; (3) interact with us in a way that submits, releases or displays your personal information to us; (4) subscribe to our marketing communications about our products and services; (5) submit inquiries to us; (6) access product demonstrations, documentation or collateral materials (e.g., white papers); or (7) register for events, such as webinars, training sessions, or summits. We require such information in order to provide you with our products and services and at the relevant point of interaction with you, we will let you know why we are requesting such personal information from you. In general, our collection of such information is necessary for us to fulfill our contracts with users of our applications, ensure our compliance with applicable law, and enable us to timely provide information in response to your requests (for example, enable you to participate in an event sponsored by us, download one of our applications, or learn more about our products or services, as the case may be).

We request that you do not provide us with any sensitive personal information (including protected health information as defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”)), social security numbers, information related to racial or ethnic origin, political opinions, religious or other beliefs, health, sexual orientation, criminal background, or trade union membership. 

If you purchase goods or services from our website, our authorized resellers will process your credit card and/or bank information, including with respect to the licensing of Aginity Pro and Aginity Premium, in order to collect payment from you. In doing so, our authorized resellers are committed to follow industry standard policies and procedures for protecting your privacy and ensuring the security of your data. Unless you expressly elect to enable such authorized resellers to communicate with you for other purposes, any such data collected as part of processing such transaction will be used solely in furtherance of the sale of such goods or services or to enable the delivery, installation and support of licensed products. You may learn more about the privacy policy of our authorized resellers at: https://www.2checkout.com/legal/privacy/

Information Collected Automatically by Us

When you visit our website, we may collect certain information automatically from your device. In some countries, including countries in the European Economic Area, this information may be considered personal information under applicable data protection laws.

Specifically, the information we collect automatically may include information such as your Internet Protocol (IP) address, browser-type, and geographic location (e.g. country or city-level location) of website visitors. We may also collect information about how your device interacts with our website, including the pages accessed and links clicked by you. We may collect application usage data. Collecting this information enables us to better understand the visitors who visit our website and the content which interests them. We use this information for our internal analytics purposes and in order to improve the quality and relevance of our website and applications to our website visitors. We collect information regarding your use of the website or our applications via Google Analytics, including but not limited to: referring site/ad source, your activity (for example, what pages you visit and how long you visit such pages), IP address, browser and operating system, default language set on your computer, and your geolocation (by country). You can review Google’s privacy policy at: https://www.google.com/intl/ en/policies/privacy/.

As you navigate our support portal, Aginity may collect information through the use of commonly-used information gathering tools, such as cookies.  Such navigational information includes standard information from your web browser (such as browser type and browser language), your Internet Protocol (“IP”) address and actions which you take (such as views and clicks) and are intended to optimize your use of our support portal, such as providing you with support and enabling us to respond to your requests. You may elect to remove such cookies through most commonly available browsers, however, it may impact your user experience and our ability to provide you with support.

Information Obtained from Third Party Sources

From time to time, we may receive personal information about you from third party sources who have checked that you have given your consent or are otherwise legally permitted or required to disclose your personal information to us. The types of information we collect from third parties include email addresses, names, positions, and company name, and we use the information we receive from these third parties to maintain and improve the accuracy of our records, conduct marketing surveys and campaigns, administer events, and provide customer service.

In general, we will use the personal information we collect from you only for the purposes described in this Privacy Policy or for purposes that we explain to you at the time we collect your personal information. However, we may also use your personal information for other purposes that are not incompatible with the purposes we have disclosed to you if and where this is permitted by applicable data protection laws.

Use of Personal Information

We do not sell your information for commercial purposes to any third parties.

Internally, we may share user and usage pattern information to improve our products, services, and websites. We may also share aggregated information on a limited basis with outside parties to further business operating necessities.

We may passively collect information as part of your usage of our website and applications. This information does not include identifiers, such as name, address, or street address. Information we collect through application usage statistics is anonymized or de-identified, except for information collected within the scope of specific customer engagement, in which case the terms and conditions of such collection shall be expressly governed by an applicable agreement with such customer. We may provide such anonymized or de-identified information to those helping us to facilitate our website development, statistical analyses, data processing or sending of communications in connection with facilitating our website.

We use personal information collected through our website and application registration for the purposes defined at the time of collection and to process customer, partner, application user and website visitor requests, including as may be required to support our products and ensure our compliance with applicable law. We may use your information, to the extent permitted by law, to provide you with information about us and our products and services or to otherwise carry out other legitimate business purposes.

We may provide your personal information to employees and contractors who owe us a duty of confidentiality in connection with a legitimate business purpose of ours.

We may provide your personal information to third parties, including, but not limited to, law enforcement agencies, state, local or federal governments, private litigants, and other companies, as may be required to (1) comply with lawful requests such as subpoenas or court orders, (2) comply with applicable state, federal, or local law, (3) prevent fraud or other illegal activities from being perpetrated through our website, or (4) protect the property, safety, or legal rights of us and others.

We may use your personal information for marketing purposes, including communication with you about our products and services. You shall be given an opportunity to tell us if you do not wish to receive such communications from us, and you shall be given an opportunity to opt-out of such communication upon receipt of emails from us. Alternatively, you may contact us to remove your name from such marketing communications by following the instructions found at the bottom of this Privacy Policy.

We may provide your personal information to affiliated companies or a business successor for the same purposes stated herein. In the event of the sale of our business, we reserve the right to share such information with a prospective purchaser of our business consistent with an equivalent level of protection that we are committed to provide you under this Privacy Policy. 

We collect personal information, such as your name, email address, IP address, company, role, and phone number, as part of the licensing process for applications available on our website. The collection of such information is necessary for us to fulfill our contract with our end users and ensure our compliance with applicable law, including, for example, verification that you are authorized to use our applications under applicable U.S. export laws. 

Data retention

We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal requirements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

Cross Border Transfers

Our website may be accessed from within and outside of the United States. We control our website from the United States. However, we may share personal information and non-personal information for the purposes set out in this Privacy Policy with partners based outside of the United States.  These countries may have data protection laws different than the laws of your country.  However, we have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Privacy Policy.

Onward Transfer of Information; Sharing of Information with Data Processors 

We may share your personal information with companies that help us to run our business by processing personal information on our behalf. Such companies include providers of customer support services, email services, marketing platforms and service providers.  Such partners are obligated to handle such information at an equivalent level of protection that we are committed to provide you under this Privacy Policy. We have entered into customary industry agreements with third party data processors to ensure data protection levels consistent with applicable law, including the requirements of the General Data Protection Regulation.

GDPR Individual Rights Policies

Please note: To protect your privacy, we may ask for additional information to verify your identity in order for us to respond to your request.

Users in the European Union only:

Under EU Regulation 2016/679 of the European Parliament and the Council; the General Data Protection Regulation (“GDPR”), you have a number of rights when it comes to your personal information. Further information and advice about your rights can be obtained from the data protection regulator in your country of residence within the EU. You can exercise any of these rights by contacting us through our email or mailing address as descirbed below.

The right to be informed. You have the right to be provided with clear, transparent and easily understandable information about how we use your information and your rights. This is why we’re providing you with the information in this Policy.

The right of access. You have the right to obtain access to your information, and certain other information (similar to that provided in this Privacy Policy). This is so you’re aware and can check that we’re using your information in accordance with data protection law.

The right to rectification. You are entitled to have your information corrected if it is inaccurate or incomplete.

The right to erasure. This is also known as ‘the right to be forgotten’ and, in simple terms, enables you to request the deletion or removal of your information where there is no compelling reason for us to keep using it. This is not a general right to erasure; there are exceptions.

The right to restrict processing. You have rights to ‘block’ or suppress further use of your information. When processing is restricted, we can still store your information, but may not use it further. We keep lists of people who have asked for further use of their information to be ‘blocked’ to make sure the restriction is respected in future.

The right to data portability. You have rights to obtain and reuse your personal data for your own purposes across different services. For example, if you decide to switch to a new provider, this enables you to move, copy or transfer your information easily between our IT systems and theirs safely and securely, without affecting its usability. This is not a general right however and there are exceptions.

The right to object to processing. You have the right to object to certain types of processing, including processing for direct marketing (i.e. receiving emails from us notifying you about other services we provide which we think may be of interest to you or being contacted with varying potential opportunities). You may change your preferences regarding email or newsletters as described above.

The right to lodge a complaint. You have the right to lodge a complaint about the way we handle or process your personal data with your national data protection regulator.

The right to withdraw consent. If you have given your consent to anything we do with your personal data (i.e. we rely on consent as a legal basis for processing your personal information), you have the right to withdraw your consent at any time (although if you do so, it does not mean that anything we have done with your personal data with your consent up to that point is unlawful). You can withdraw your consent to the processing of your personal information at any time.

Children’s Data

We do not knowingly collect or solicit personal information from anyone under the age of thirteen (13). If we learn that we have inadvertently obtained personal information from a child under the age of thirteen (13), we will delete that information as soon as practicable. If you believe that a child under the age of thirteen (13) has submitted personal information in connection with usage of this website, please contact us at the email address set out at the end of this Privacy Policy.

Links to Third Party Sites

From time to time, we will provide links to third party websites, or advertisements will contain links to third party sites. For example, we may link to a third party who is assisting in or providing you with online training services. These links are provided as a service to you. The information practices and the content of such other websites are governed by the privacy statements of such websites. We encourage you to regularly review the privacy statements of any such other websites to understand their information practices. Our Privacy Policy does not apply to such other sites or to the use of your information by such sites. Aginity has no control over the content displayed on such sites, nor over the measures, if any, that are taken by such sites to protect the privacy of your information.

Correcting Your Personal Information

You may request to review, correct, modify and/or delete any of the personal information that you have previously provided to us through our website, applications or otherwise. Requests to access, change, or delete your information will be addressed within a commercially reasonable timeframe.

Contacting Us

You can always contact us in order to update the personal information you have provided to us or change your preferences with respect to marketing contacts by emailing us at privacy@aginity.com, or to the extent available, updating such account information online.

If you have any other questions about our Privacy Policy, please contact us through our website, email us at privacy@aginity.com or write us at Aginity Corporation, 464 Monterey Avenue, Suite E, Los Gatos, CA 95030.