Agilyst Privacy Policy

Last Updated: 3/16/11

Welcome, and thank you for your interest in Agilyst, Inc. ("Agilyst") and this website provided by Agilyst (the "Website").

This Privacy Policy describes what information we gather from you, how we use and disclose that information, and what we do to protect it. By using the Website, you expressly consent to the information handling practices described in this policy.

The Information Agilyst Collects:

• User-Provided Information:

  You may provide to Agilyst what is generally called "personally identifiable" information (such as your name, e-mail address, postal mailing address, home/mobile telephone number or demographic information) when communicating with Agilyst or using the Website, such as when you register for the Website, request or transmit case studies, provide your information in any form provided by Agilyst or otherwise request further communications from Agilyst.

• "Cookies" Information:

  When you use the Website, we may send one or more cookies – small pieces of information containing a string of alphanumeric characters – to your computer. Agilyst may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Website. Persistent cookies can be removed. Please review your web browser "Help" file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from the Website, you may not be able to utilize the features of the Website to their fullest potential.

• "Automatically Collected" Information:

  When you use the Website, open one of our HTML emails or follow any links embedded in our emails, we may automatically record certain information from your web browser by using different types of technology, including standard log files, "clear gifs," "web beacons" or other similar techniques. This "automatically collected" information may include your Internet Protocol address ("IP Address"), web browser, the web pages or sites that you visit just before or just after the Website, the pages you view on the Website, and the dates and times that you visit the Website.

• Third Party Web Beacons:

  We may also implement third party content, such as advertising, on the Website that uses "clear gifs," "web beacons" or other similar techniques, which allow the third party content provider to read and write cookies to your browser in connection with your viewing of that third party content displayed on the Website. This information is collected directly by the third party, and Agilyst does not participate in that data transmission. Information collected by third parties in this manner is subject to that third party’s own data collection, use, and disclosure policies.

• Information From Other Sources:

  We may also obtain information, including personally identifiable information, from third parties and sources other than the Website, such as advertisers. If we combine or associate information from other sources with personally identifiable information that we collect through the Website, we will treat the combined information as personally identifiable information in accordance with this Privacy Policy.

The Way Agilyst Uses Information:

• Agilyst uses the information you provide or that we collect to develop, operate, maintain, enhance, and provide all of the features and services found on the Website now and in the future. We will use your email address to contact you for administrative purposes, for customer service purposes or to address intellectual property infringement, rights of privacy, or defamation issues.
• Agilyst uses the information that you provide or that we collect to understand and analyze the usage trends and preferences of our users, to improve the way the Website works and looks, and to create new features and functionality.
• Agilyst may use "automatically collected" information and "cookies" information, alone or in combination with other information you provide or we collect from you, to: (a) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you use the Website; (b) provide customized third party advertisements, content, and information; (c) monitor and analyze the effectiveness of the Website and third party marketing activities; (d) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (e) track your entries, submissions, and status in any promotions or other activities.
• Agilyst may use your email address or other personally identifiable information to send i) messages about the Website, such as when you request information about Agilyst products, ii) promotional messages related to the Website and the activities of third parties we work with, and iii) messages on behalf of other users who think you may be interested in the Website or certain content available on the Website.

When Agilyst Discloses Information:

Agilyst may disclose your personally identifiable information in a variety of circumstances in connection with developing and maintaining the Website and operating our business. For example:

• Agilyst works with third party service providers in the U.S. and other jurisdictions to provide website development, hosting, maintenance, transcription, and support as well as other business services for us. To the extent it is necessary for these service providers to complete their work, these third parties may have access to or process your personally identifiable information. These disclosures are generally made under terms comparable to this policy, and the recipients are limited to using the information the purpose for which it was provided.
• Agilyst may disclose information you provide or that we collect to our business partners and other interested third parties so that they may provide additional services to you or contact you in the future.
• Agilyst may disclose automatically collected and other aggregate non-personally-identifiable information with interested third parties, to assist such parties in understanding the usage, viewing, and demographic patterns for certain programs, content, services, advertisements, promotions, and/or functionality on the Website.
• Agilyst may also disclose your information if required to do so by law or in the good-faith belief that such action is necessary or useful to comply with state and federal laws (such as U.S. Copyright law), to respond to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement activity.
• Agilyst works to promote a safe and reliable service for all users. We reserve the right to disclose your information when we believe, in good faith, it is appropriate or necessary to take precautions against liability; to protect Agilyst and others from fraudulent, abusive, predatory, or unlawful uses or activity; to investigate and defend ourselves against any third party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Website; or to protect or vindicate the rights, property, or personal safety of Agilyst, our users, or others.

In the Event of Merger or Sale:

In the event that all or a portion of Agilyst or its assets are acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that you have provided or that we have collected in connection with such merger, acquisition, sale, or other change of control.

Your Choices:

You may, of course, decline to share certain personally identifiable information with Agilyst, in which case Agilyst may not be able to provide to you some or all of the features and functionality found on the Website. Please understand that Agilyst may retain all information you have submitted for a variety of purposes, including backups and archiving, prevention of fraud and abuse, analytics and the use and disclosure purposes described herein.

Third Party Services:

The Website contains links to other websites and services provided by third parties. Any personally identifiable information you provide on third party sites or services is provided directly to that third party and is subject to that third party’s policies, if any, governing privacy and security. We are not responsible for the content or privacy and security practices and policies of third party sites or services to which links are displayed on the Website. We encourage you to learn about third parties’ privacy and security policies before providing them with personally identifiable information.

Our Commitment to Data Security:

Agilyst employs certain physical, managerial, and technical safeguards designed to help protect the integrity and security of your personally identifiable information. We cannot, however, ensure or warrant the security of any information you transmit to Agilyst, and you do so at your own risk. Please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. We cannot ensure or warrant the security of any information you transmit to Agilyst or to any third party, and you do so at your own risk.

If Agilyst learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Agilyst may post a notice through the Website if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

International Visitors:

The Website is intended solely for visitors located within the United States. If you nonetheless choose to use the Website from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personally identifiable information outside of those regions to the United States for storage and processing and by providing your personally identifiable information on the Website you consent to that transfer, storage, and processing. Further, we may transfer this data from the United States to other jurisdictions in connection with storing and processing data, fulfilling your requests, and operating the Website.

Changes and Updates to this Privacy Policy:

Agilyst may revise this Privacy Policy from time to time at its sole discretion. If we modify the Privacy Policy, we will make it available through the Website, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Website for the first time after such material changes are made. Your continued use of the Website after a revised Privacy Policy has become effective indicates that you have read, understood and agreed to the current version of the Privacy Policy. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting the information we collect from you. Notwithstanding, without your affirmative consent, we will only use your personally identifiable information in accordance with the terms of the Privacy Policy in effect at the time the information was collected.

Agilyst Contact Information:

Please contact Agilyst with any questions or comments about this Privacy Policy at privacy@agilyst.us