Privacy Policy

Agile Transformation, Inc. (“Agile Transformation”) values the privacy of our customers, end users, members, partners and others who use our services and websites (the “Agile Transformation Services”) (collectively or individually “Users”). Agile Transformation Services include our:

• Websites
• AgilityHealth Products
• AgileVideo Products
• Enterprise Business Agility Products & Services

Unless otherwise stated, each of our Agile Transformation Services are treated the same for the purposes of this Privacy Policy. Also for the purposes of this Privacy Policy, “Personal Information” is information that may be used to readily identify or contact you as an individual person, such as: name, address, email address, or phone number; however, it does not include information that has been anonymized such that it does not allow for the ready identification of specific individuals.

This Privacy Policy governs information you provide to us or that we learn from your use of the Agile Transformation Services and tells you how we may collect, use, and in some instances share this information. This Privacy Policy also identifies choices available to you regarding our use of your personal information and how you can access and update this information.

The Information You Provide to Agile Transformation

In contracting for or using Agile Transformation Services, we may collect the following information:

• Account and Profile Information: Agile Transformation collects information about you and your company when you register for Agile Transformation Services via account profile creation or modification, service purchases, and use and access of Agile Transformation Services. Collected information includes: (i) contact information such as your name and email address; (ii) billing information such as credit card details and billing address; (iii) profile information such as user name, job title, role and team association; and (iv) preferences information such as notification preferences for email, SMS message, or otherwise for marketing.

In some cases, a person may create an account for Agile Transformation Services on your behalf (e.g., by a system administrator at your employer), who may provide your information, including Personal Information. The most common example of a person providing your information on your behalf is when your employer requests your ability to use Agile Transformation Services.

Our customers often provide information to us, and we do not have a direct relationship with the individuals using Agile Transformation Services whose personal information (or personal data) we process. Despite this fact, if you are an employee of one of our customers and do not want us to process your information, please contact your employer. If you are providing information (including Personal Information) about someone else, you must have the authority to act for them and to consent to the collection and use of their Personal Information as described in this Privacy Policy.

• Content and Input: We may also collect and store content and other information or data you input or generate while using Agile Transformation Services. This type of content can include Personal Information (or other sensitive information) you choose to include when making a submission, post, upload, transmission or storage within the Agile Transformation Services.

• Other Submissions: In interacting with us and/or Agile Transformation Services, we may collect other data that you submit to our websites (as further described below) or as you participate in any interactive offerings of the Agile Transformation Services, such as any scheduled demonstrations, team-building exercises, customer support requests, survey participation, or even communications with us via third party social media sites.

The Information Agile Transformation Collects

• “Cookies” Information: When you visit the Agile Transformation Service, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer. Agile Transformation uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Agile Transformation Service. By using these cookies, we can “remember” what you have done on the Agile Transformation Service before and personalize our site for you. These persistent types of cookies can be removed, but each web browser is a little different, so please look through your browser “Help” file to learn the correct way to modify your cookies set-up. Please note that disabling cookies may prevent you from accessing some of the functionality and site offerings available via the Agile Transformation Service.

• Other Tracking Technologies: Agile Transformation and its third party service providers, such as its analytics service providers, may use technologies such as web beacons (also known as “tracking pixels”). Web beacons may be used in our websites and our SaaS products; web beacons may also be used in our emails. Web beacons are electronic images that help deliver cookies, count visits, analyze website or email usage, and/or determine whether an email has been opened. Agile Transformation (and its third party service providers) may also use JavaScript, e-tags, “flash cookies”, and HTML5 local storage to collect information about your online activities over time and across different websites or online services. Many browsers include their own management tools for removing HTML5 local storage objects.

• “Automatically Collected” Information: When you visit the Agile Transformation Service or open one of our HTML emails, we may record certain information from your web browser by using different types of technology, including “clear gifs” or “web beacons.” This “automatically collected” information may include your Internet Protocol address (“IP Address”), web browser type, the web pages or sites that you visit just before or just after the Agile Transformation Service, the pages you view on our site, internet service provider, operating system, identification numbers associated with your device using the Agile Transformation Services, your mobile carrier, system configuration information, and the dates and times that you visit.

The Way Agile Transformation Uses Information

Agile Transformation uses the information that we collect to provide to you all of the features and services found on the Agile Transformation Service. We have a legitimate interest to improve Agile Transformation Services, maintain our relationship with you, and protect users. We will use your information (including your email address), without further consent, for non-marketing or administrative purposes such as notifying you of major site updates, security alerts, or for customer service. We will use your information to process and complete transactions, and send related information about such transactions, including purchase confirmations and invoices.

We have a legitimate interest in, and we will use your information, preventing and investigating unauthorized access to Agile Transformation Services, any fraudulent transactions, or any other unauthorized or illegal activities.

Agile Transformation uses all of the information that we collect from our Users to understand the usage trends and preferences, to improve the way the Agile Transformation Service works and looks, to improve our marketing and promotional efforts, and to create new features and functionality.

Given the control you have over cookies operating through your web browser, we rely on your consent where we use cookies. Agile Transformation uses automatically collected information and cookies information to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you visit the Agile Transformation Service; (b) provide custom, personalized advertisements, content, and information; (c) monitor the effectiveness of our marketing campaigns; and (d) monitor aggregate usage metrics such as total number of visitors and pages viewed.

We may display personal testimonials of satisfied customers as part of certain Agile Transformation Services. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us using the information below.

Agile Transformation will not use your email address or other personally identifiable information to send promotional or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in. We have a legitimate interest in delivering promotional and marketing messages that are relevant, interesting and personal to you in order to generate revenue, given the expense of maintaining, developing and providing the Agile Transformation Services.

When Agile Transformation Discloses Information

Agile Transformation may disclose both personally identifiable and automatically collected information to affiliated companies or other businesses or persons to process such information on our behalf, to provide website maintenance and security, to offer certain features on the Agile Transformation Service, to assist us in improving the way the Agile Transformation Service works and looks, and to create new features. We require that these parties agree to process such information in compliance with our Privacy Policy, we use reasonable efforts to limit their use of such information, and we require these parties to use any other appropriate confidentiality and security measures.

We may share automatically collected and other aggregate non-personally-identifiable information with interested third parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Agile Transformation Service.

Except as otherwise noted in this Privacy Policy, Agile Transformation does not share personal information about Agile Transformation Service users with third parties unless doing so is appropriate to carry out a user’s request or it reasonably believes that doing so is legally required or is in Agile Transformation’s interest to protect its property or other legal rights or the rights or property of others.

We will share information if we believe that disclosure is reasonably necessary to comply with a law, regulation or legal request; to protect the safety, rights, or property of the public, any person, or Agile Transformation; or to detect, prevent, or otherwise address fraud, security or technical issues.

We do not share User information with other third-party organizations for their marketing or promotional use without your consent.

Member Profile and Password

You have access to your personal information and you may update, correct, or delete your member information and email subscription preferences at any time.

To protect your privacy and security, we take reasonable steps to verify your identity before granting User’s member profile access. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.

Notwithstanding the foregoing, you should be aware that Agile Transformation’s administrator for any instance of your Agile Transformation Services may be able to: (i) access information in and about your Agile Transformation Services account; (ii) if available as a feature, access communications history for your Agile Transformation Services (including file attachments or other incorporated content); (iii) disclose, restrict, or access information that you have provided or made available to you when using your Agile Transformation Services; and/or (iv) control the way in which your Agile Transformation Services account may be accessed or deleted.

Children

Consistent with the federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of thirteen (13) without requiring parental consent. Any person who provides their personal information to Agile Transformation through the Agile Transformation Service represents that they are 13 years of age or older.

If you are based in the European Economic Area (EEA) you may only use Agile Transformation Services if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of Agile Transformation Services has been provided to us.

Third-party Advertisers, Links to Other Sites

The Agile Transformation Services may contain social media features, such as comments for videos hosted through YouTube. These features may collect your IP address, which page you are visiting on the Agile Transformation Services, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Agile Transformation Services. Your interactions with these features are governed by the privacy policy of the company providing it.

Our Commitment to Data Security

No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure security on our systems. We use secure server software (SSL) and firewalls to protect your information from unauthorized access, disclosure, alteration, or destruction. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of such firewalls and secure server software. In addition, we cannot guarantee that any incidentally-collected Personal Information you choose to store in an Agile Transformation Service is maintained at levels of protection to meet specific needs or obligations you may have relating to that information.

If Agile Transformation learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Agile Transformation Service or providing personal information to us you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Agile Transformation Service. Agile Transformation may post a notice on the Agile Transformation Service if a security breach occurs. If this happens, you will need a web browser enabling you to view the Agile Transformation Service. Agile Transformation may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us via email at support@agiletransformation.com.

Special Note to International Users

The Agile Transformation Service is hosted in the United States. If you are a User accessing the Agile Transformation Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please note that you are transferring your personal data to the United States which does not have the same data protection laws as the EU and other regions, and by providing your personal data you consent to:

• the use of your personal data for the uses identified above in accordance with the Privacy Policy; and
• the transfer of your personal data to the United States as indicated above.

Choices; Accessing and Updating Your Information

You have options for the information we hold about you. You may access, correct, update, amend, or remove your Personal Information from your account by directing your query to your account administrator or, if available, through account settings provided through the Agile Transformation Services. You may also have your information deleted. You or your administrator may be able to deactivate your Agile Transformation Service account(s). To deactivate an organization account, please contact our customer support services (support@agiletransformation.com). To deactivate an account made for you without authorization, please contact us at the contact information below.

You may object to us processing your information. You can ask us to stop using your information, including when we use your information to send you marketing emails or push notifications. If you opt out of receiving marketing messages from us, we may still send you newsletters and updates about your account. We only send you marketing material if you have agreed to it and you can easily unsubscribe at any time by contacting us at the contact information below.

If you are in the EEA, you may also lodge a complaint with your local supervisory authority if you believe that we have failed to comply with applicable data protection laws.

In the Event of Merger or Sale

If Agile Transformation should ever file for bankruptcy or have its assets sold to or merge with another entity, information Agile Transformation receives from you through the Agile Transformation Service is an Agile Transformation asset and may be transferred.

How Long We Keep Your Information

We keep your information only so long as we need it to provide Agile Transformation Services to you and fulfill the purposes described in this Privacy Policy. This is also the case for anyone that we share your information with and who carries out services on our behalf. If your account is managed by an administrator, that account administrator may have control with regards to how your account information is retained and deleted. When we no longer need to use your information and there is no need for us to keep it to comply with our legal or regulatory obligations, we will either remove it from our systems or anonymize it so that we cannot identify you.

Changes and Updates to this Privacy Policy

We may occasionally update this Privacy Policy. When we do, we will also revise the “effective date” on the Privacy Policy. For changes to this Privacy Policy that may be materially less restrictive on our use or disclosure of personal information that you have provided to us, we will attempt to obtain your consent before implementing the change. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting the personal information we collect. Your continued use of the Agile Transformation Service constitutes your agreement to this Privacy Policy and any updates.

Privacy Shield Framework Participation

We comply with the EU-US Privacy Shield framework and The Swiss-US Privacy Shield framework as set forth by the United States Department of Commerce with regard to the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States, respectively. We have provided an attestation to the Department of Commerce indicating that we adhere to the Privacy Shield Principles for both the EU-US Privacy Shield and Swiss-US Privacy Shield. For more information on the Privacy Shield Program and to view our certification status, please visit https://www.privacyshield.gov.

Under the Privacy Shield Framework we are subject to the authority of the Federal Trade Commission. If you have any further questions about our Privacy Shield certification, please email us at support@agiletransformation.com.

Our accountability for personal data we collect under the Privacy Shield and subsequently transfer to a third party is described in the Privacy Shield Principles. Pursuant to the Privacy Shield, Agile Transformation, Inc. remains liable for the transfer of personal data to third parties acting as our agents unless we can prove we were not a party to the events giving rise to the damages.

We have further committed to refer unresolved Privacy Shield complaints to Judicial Arbitration and Mediation Services (JAMS), an alternative dispute resolution provider located in the United States. Additionally, you may contact your European Data Protection Authority (DPA) to seek assistance. If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, please contact or visit your DPA or JAMS for more information or to file a complaint. The services of JAMS are provided at no cost to you. In certain situations, you may also have the right to pursue binding arbitration under the Privacy Shield Framework.

Contacting Agile Transformation

If you have any questions, comments, or concerns about this Privacy Policy, please email us at support@agiletransformation.com.

Postal Mail Address: 11919 Grant St #200 Omaha, NE 68164

If you have a privacy concern regarding the Agile Transformation Service or this Policy and if you cannot satisfactorily resolve it through the use of the Agile Transformation Service you should write to support@agiletransformation.com. In the event that we are still unable to resolve your concerns Agile Transformation is committed to cooperating to achieve a proper resolution of your privacy concerns.

Effective Date: 8/19/14 Last Updated: 6/5/2019