At agile-thoughts, we respect and protect the privacy of our customers and users who visit our website located at www.agile-thoughts.com, including other media forms, media channels, mobile website or mobile application related or connected thereto (collectively the “Services” or the “Website”) used to promote and/or to deliver our Products or Services. The terms “we”, “us” and “our” throughout these Terms and the Website, refer to agile-thoughts.
We may collect personal information about our users in various ways. For example, we may collect information that you provide to us, information that we collect through your use of the Services, and information that we collect from publicly available sources or third parties.
1.1. Why we Collect Information
First and foremost, agile-thoughts collects information to improve the services we provide and to present you with information and services that will interest you. We use information that we collect about you or that you provide to us:
- To present our Website and its contents to you.
- To provide you with information, products or services that you request from us.
- To fulfill any other purpose for which you provide it.
- To provide you with notices about your membership, including expiration and renewal notices.
- To register you for events and provide you information about those events.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
- To notify you about changes to our Website or any products or services we offer or provide though it.
- To allow you to participate in interactive features on our Website.
- To connect you with an event sponsor when you agree to have your badge scanned or your registration recorded during a community event.
- To detect bugs and report errors on our Website.
- To protect the rights of the services and the rights of others.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
We also use your information to measure our success and performance. For example, aggregate information gives us an idea of the number of visitors we attract and how they navigate our Website.
1.2. Use of Personal Information
Unless you voluntarily provide personal information for a specific purpose, we do not collect personal information from you. We will never combine any personal information about a user of our site with any aggregate information we collect about that user, whether collected on our site or our advertising service. If you choose to provide personal information during registration or when using our services, we use your personal information to provide you with particular products or services that you request or may be interested in.
It is your responsibility to keep your primary email address and other personal information up to date. You can change your primary email address and basic personal information on the “My Account” page.
agile-thoughts will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. However, we may transfer personal information in connection with a sale or merger of agile-thoughts or the division responsible for the services provided to you. We may also share your personal information, such as your email address, mailing address, etc., with our technical consultants, third party auditors and other third parties who make our site available, enhance its functionality or provide associated services and/or who deal with you in processing your orders and/or delivering content, samples, products, services and gifts and prizes. These third parties are not allowed to use personal information except for the purposes of providing the applicable services. In addition, we reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website.
2. GATHERING, USE AND DISCLOSURE OF NON-PERSONALLY-IDENTIFYING INFORMATION
“Non-Personally-Identifying Information” is information that, without the aid of additional information, cannot be directly associated with a specific person. “Personally-Identifying Information,” by contrast, is information such as a name or email address that, without more, can be directly associated with a specific person. Like most website operators, agile-thoughts gathers from users of the Website Non-Personally-Identifying Information of the sort that Web browsers, depending on their settings, may make available. That information includes the user’s Internet Protocol (IP) address, operating system, browser type and the locations of the websites that the user views right before arriving at, while navigating and immediately after leaving the Website. Note: although such information is not Personally-Identifying Information, it may be possible for agile-thoughts to determine from an IP address a user’s Internet service provider and the geographic location of the visitor’s point of connectivity as well as other statistical usage data.
agile-thoughts analyzes Non-Personally-Identifying Information gathered from users of the Website to help agile-thoughts better understand how the Website is being used. By identifying patterns and trends in usage, agile-thoughts is able to better design the Website to improve users’ experiences, both in terms of content and ease of use. From time to time, agile-thoughts may also release the Non-Personally-Identifying Information gathered from Website users in the aggregate, such as by publishing a report on trends in the usage of the Website.
We may combine Non-Personally Identifying Information we collect with additional Non-Personally Identifying Information collected from other sources.
We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to the Website and the most popular features or services accessed. This information does not contain any Personally-Identifying Information and may be used to develop Website content and Services that we hope you and other users will find of interest and to target content and advertising.
2.1. Web Cookies
agile-thoughts USERS WHO DO NOT WISH TO HAVE WEB COOKIES PLACED ON THEIR COMPUTERS SHOULD SET THEIR BROWSERS TO REFUSE WEB COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF WEB COOKIES. WEBSITE USERS WHO REFUSE WEB COOKIES ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.
We, along with third parties, may use other kinds of technologies, such as Local Shared Objects (also referred to as “Flash cookies”) and HTML5 local storage in connection with our Services. We also may use unique identifiers associated with your device, such as mobile ad identifiers. These technologies are similar to the cookies discussed above in that they are stored on your device and can be used to store certain information about your activities and preferences. However, these technologies may make use of different parts of your device from standard cookies, and so you might not be able to control them using standard browser tools and settings. For HTML5 local storage, the method for disabling will vary depending on your browser.
Due to differences between using apps and websites on mobile devices, you may need to take additional steps to disable tracking technologies in mobile apps. Many mobile devices allow you to opt out of targeted advertising for mobile apps using the settings within the mobile app or your mobile device. For more information, please check your mobile settings. You also may uninstall our apps using the standard uninstall process available on your mobile device or app marketplace.
2.2. Third-Party Website Links
Some of our websites provide links to third party websites, such as those of our affiliates, business partners and advertisers. We have no access to or control over their practices. Because agile-thoughts does not control the information policies or practices of these third-party websites, you should review their privacy policies to learn more about how they collect and use personal information.
2.3. Web Beacons
A “Web Beacon” is an object that is embedded in a web page or email that is usually invisible to the user and allows website operators to check whether a user has viewed a particular web page or an email. agile-thoughts may use Web Beacons on the Website and in emails to count users who have visited particular pages, viewed emails and to deliver co-branded services. Web Beacons are not used to access users’ Personally-Identifying Information. They are a technique agile-thoughts may use to compile aggregated statistics about Website usage. Web Beacons collect only a limited set of information, including a Web Cookie number, time and date of a page or email view, and a description of the page or email on which the Web Beacon resides. You may decline Web Beacons. However, they can be rendered ineffective by declining all Web Cookies or modifying your browser setting to notify you each time a Web Cookie is tendered, permitting you to accept or decline Web Cookies on an individual basis.
We may use third-party vendors, including Google, who use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize and serve ads based on your past activity on the Website, including Google Analytics for Display Advertising. The information collected may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. If you do not want any information to be collected and used by Google Analytics, you can install an opt-out in your web browser (https://tools.google.com/dlpage/gaoptout/) and/or opt out from Google Analytics for Display Advertising or the Google Display Network by using Google’s Ads Settings (www.google.com/settings/ads).
2.5. Do-Not-Track Signals and Similar Mechanisms
Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. Because there is not yet a common understanding of how to interpret the DNT signal, the Website currently does not respond to DNT browser signals or mechanisms.
If and when a final standard is established and accepted, we will reassess how to respond to these signals.
2.6. Mobile Device Additional Terms
- Mobile Device. If you use a mobile device to access the Website or download any of our applications, we may collect device information (such as your mobile device ID, model and manufacturer), operating system, version information, IP address, browser type and settings, such as language and available font settings, and settings of the device you use to access the Website.
- Geo-Location Information. Such as your computer’s IP address, your mobile device’s GPS signal or information about nearby Wi-Fi access points and cell towers that may be transmitted to us when you use certain Services.
- Push Notifications. We may send you push notifications if you choose to receive them, letting you know when someone has sent you a message or for other service-related matters. If you wish to opt out from receiving these types of communications, you may turn them off in your device’s settings.
- Mobile Analytics. We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information, such as how often you use the application, the events that occur within the application, aggregated usage, performance data, where the application was downloaded from, and time and duration of your use of the Website and other information about your interaction with content offered through it.
2.7. Social Media
We may provide you the option to connect your Account on the Website to your account on some social networking sites for the purpose of logging in, uploading information or enabling certain features on the Website. When logging in using your social network credentials, we may collect the Personally-Identifying Information you have made publicly available on the social networking site, such as your name, profile picture, cover photo, username, gender, friends network, age range, locale, friend list and any other information you have made public. Once connected, other users may also be able to see information about your social network, such as the size of your network and your friends, including common friends. By connecting your Account on the Website to your account on any social networking site, you hereby consent to the continuous release of information about you to us. We will not send any of your Account information to the connected social networking site without first disclosing that to you. Each social network may further allow you to set privacy controls around your information on their system, and our collection of information will always follow such controls and permissions. This feature is subject to continuous change and improvement by us and each social networking site involved, and therefore the available features and shared information are subject to change without notice to you.
We may use hyperlinks on the Website which will redirect you to a social network if you click on the respective link. However, when you click on a social plug-in, such as Facebook’s “Like” button, Twitter’s “tweet” button or the Google+, that particular social network’s plugin will be activated and your browser will directly connect to that provider’s servers. If you do not use these buttons, none of your data will be sent to the respective social network’s plugin provider. For example, when you click on the Facebook’s “Like” button on the Website, Facebook will receive your IP address, the browser version and screen resolution, and the operating system of the device you have used to access the Website. Settings regarding privacy protection can be found on the websites of these social networks and are not within our control.
3. COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION
3.1. Website Registration
As defined above, Personally-Identifying Information is information that can be directly associated with a specific person. agile-thoughts may collect a range of Personally-Identifying Information from and about Website users. Much of the Personally-Identifying Information collected by agile-thoughts about its users is information provided by its users themselves when (1) registering for our Service, (2) logging in with social network credentials, (3) participating in polls, contests, surveys or other features of our Service, or responding to offers or advertisements, (4) communicating with us, (5) creating a public profile or (6) signing up to receive products. That information may include each user’s name, address, email address and telephone number.
We also may request information about your professional role, interests and activities, your gender, age, date of birth, username, hometown and other demographic or relevant information as determined by agile-thoughts from time to time. Users of the Website are under no obligation to provide agile-thoughts with Personally-Identifying Information of any kind, with the caveat that a user’s refusal to do so may prevent the user from using certain Website features and in some cases our entire set of Services.
3.2. Online Postings
Certain Personally-Identifying Information collected from users may be disclosed as a result of your use of the Website. We may provide areas on the Website where you can post user contributions, reviews, comments, posts and other information relating to your activities on the Website. Such postings are governed by our Terms and Conditions. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. USERS ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING FROM THEIR VOLUNTARY DISCLOSURE OF PERSONALLY IDENTIFYING INFORMATION, SPECIALLY FROM THOSE THE USER MAY HAVE MADE PUBLIC THROUGH CONTRIBUTIONS, REVIEWS, COMMENTS OR CHATS.
3.3. Company Communications
We may occasionally use your name and email address to send you notifications regarding the delivery of our Services or new services offered by the Website that we think you may find valuable. We may also send you service-related announcements from time to time through the general operation of the Service. Generally, you may opt out of such emails at the time of registration or through “My Account” page; however, in order to deliver some services you might have acquired with us, we reserve the right to send you notices about your Account, such as delivery of services, service announcements and administrative messages, even if you opt out of all voluntary email notifications.
3.4. Company Disclosures
agile-thoughts will disclose Personally-Identifying Information under the following circumstances:
- By Law or to Protect Rights. When we believe disclosure is appropriate, we may disclose Personally-Identifying Information in connection with efforts to investigate, prevent or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of agile-thoughts, our users, our employees or others; to comply with applicable law or cooperate with law enforcement; to enforce our Terms and Conditions or other agreements or policies, in response to a subpoena or similar investigative demand, a court order or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
- Marketing Communications. Unless users opt out from receiving agile-thoughts marketing materials upon registration, agile-thoughts may email users about products and services that we believe may be of interest to them. If you wish to opt out of receiving marketing materials from agile-thoughts, you may do so by following the unsubscribe link in the email communications, by visiting “My Account” page (at the bottom of our landing page or in the magazine menu below the avatar) or by emailing our Customer Support Team at email@example.com with the subject line “Opt out from email – [your first and last name]”
- Third-Party Service Providers. We may share your Personally-Identifying Information, which may include your name and contact information (including your email address) with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, supporting the Website’s functionality and supporting contests, sweepstakes, surveys and other features offered through the Website. Note that we do not ask for or take your credit card and/or any other financial information.
- To fulfill the purpose for which you provide it. It includes any other purpose disclosed by us when you provide the information.
3.5. Changing Personally-Identifying Information; Account Termination
You may review or change your Personally-Identifying Information at any time by logging into the Website and visiting “My Account” page (at the bottom of our landing page or in the magazine menu below the avatar) or by emailing our Customer Support Team at firstname.lastname@example.org with the subject line “Update my Personal Information – [your first and last name]”
If you delete your “user contributions,” “comments” or “posts” from the Website, copies of your “user contributions,” “comments” or “posts” may remain viewable in cached and archived pages, or might have been copied or stored by other Website users.
Upon your request, we will deactivate or delete your Account and contact information from our active databases. Such information will be deactivated or deleted as soon as practicable based on your Account activity and in accordance with our deactivation policy and applicable law. To make this request, either visit “My Account” page (at the bottom of our landing page or in the magazine menu below the avatar) or email our Customer Support Team at email@example.com with the subject line “Delete my Account – [your first and last name]”
Note that: (1) We cannot delete your personal information except by also deleting your User Account. We may need certain information in order to provide the Services to you; if you ask us to delete it, you may no longer be able to use the Services.
(2) Certain information may be exempt from such requests under applicable law. For example, we may retain certain information for legal compliance. In the same way, we may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
(3) We will retain in our files some Personally-Identifying Information to prevent fraud, to troubleshoot problems, to assist with any investigations, to enforce our Terms and Conditions and/or to comply with legal requirements as is permitted by law. Therefore, you should not expect that all your Personally-Identifying Information will be completely removed from our databases in response to your requests. Additionally, we keep a history of changed information to investigate any suspected fraud with your Account.
3.6. General Use
agile-thoughts uses the Personally-Identifying Information in the file we maintain about you, as well as other information we obtain from your current and past activities on the Website, to: (1) deliver the products and services that you have requested; (2) manage your Account and provide you with customer support; (3) communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, our affiliate companies or other third parties; (4) develop and display content and advertising tailored to your interests on the Website and other sites; (5) resolve disputes and troubleshoot problems; (6) measure consumer interest in our services; (7) inform you of updates; (8) customize your experience; (9) detect and protect us against error, fraud and other criminal activity; (10) enforce our Terms and Conditions; and (11) do as otherwise described to you at the time of subscription and/or enrollment in our programs or community events. At times, we may look across multiple users to identify problems. In particular, we may examine your Personally-Identifying Information to identify users using multiple user IDs or aliases. We may compare and review your Personally-Identifying Information for accuracy and to detect errors and omissions.
4. COLLECTION AND USE OF INFORMATION BY THIRD PARTIES GENERALLY
agile-thoughts stores all data using industry standard security devices, such as firewalls and encryption protocols, to safeguard against unauthorized access to our data. We have put in place reasonable physical, electronic, and managerial procedures coupled with carefully developed security procedures to protect your information from loss, misuse or unauthorized alteration.
However, please be advised that even the best security measures cannot fully eliminate all risks. Unfortunately, the transmission of information via the Internet is not completely secure. We cannot guarantee that only authorized persons will view your information. We are not responsible for third-party circumvention of any privacy settings or security measures.
When we ask for sensitive information, we protect it through the use of the Secure Socket Layer (SSL) protocol which provides encryption during transmission. We have put in place policies to restrict access to your information by our employees and collaborators. Our employees are trained to safeguard your information. Additionally, we use internal and external resources to review the adequacy of our security procedures.
We are dedicated to protecting all information on the Website as it is necessary. However, you are responsible for maintaining the confidentiality of your Personally-Identifying Information by keeping your login credentials and passwords confidential. Where we have given you (or where you have chosen) a password for access to certain parts of the Website, you are responsible for keeping this password confidential. You should not share your password with anyone. You should change your password immediately if you believe someone has gained unauthorized access to it or your Account. If you lose control of your Account, you should notify us immediately.
6. CHILDREN’S PRIVACY
The Children’s Online Privacy Protection Act (COPPA) protects the online privacy of children under 13 years of age. Our Website is not intended for children under 13 years of age. We do not knowingly collect or maintain Personally-Identifying Information from anyone under the age of 13, unless or except as permitted by law. Any person who provides Personally-Identifying Information through the Website represents to us that he or she is 13 years of age or older. If we learn that Personally-Identifying Information has been collected from a user under 13 years of age on or through the Website, we will take the appropriate steps to delete this information. If you are the parent or legal guardian of a child under 13 who has become a member of the Website or has otherwise transferred Personally-Identifying Information to the Website, please contact agile-thoughts immediately to have that child’s account terminated and his/her information deleted. You can contact us by emailing our Customer Support Team at firstname.lastname@example.org with the subject line “Child under 13 – [your first and last name]”
IF YOU ARE UNDER 13, DO NOT PROVIDE ANY INFORMATION ON THIS WEBSITE OR THROUGH ANY OF ITS FEATURES, DO NOT USE ANY OF THE INTERACTIVE OR PUBLIC COMMENT FEATURES, AND DO NOT PROVIDE ANY INFORMATION ABOUT YOURSELF TO US, INCLUDING YOUR NAME, ADDRESS, TELEPHONE NUMBER, E-MAIL ADDRESS OR ANY SCREEN NAME OR USER NAME YOU MAY USE.
7. HOW LONG WE WILL KEEP YOUR PERSONAL INFORMATION
We retain personal information that you provide us as long as we consider it is potentially useful to contact you about the product or services you have acquired, or as needed to comply with our legal obligations, resolve disputes and/or enforce our agreements.
8. CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about the Personally-Identifying Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information may include a list of the categories of the Personally-Identifying Information that was shared and the names and addresses of all third parties with which we shared Personally-Identifying Information. If you are a California resident and would like to make such a request, please submit your request by emailing our Customer Support Team at email@example.com with the subject line “California Resident – [your first and last name]”The California Consumer Privacy Act (CCPA) provides you with the right not to be discriminated against (as provided for in applicable law) for exercising your rights under the CCPA. If you would like information regarding your rights under applicable law or would like to exercise any of them, please email our Customer Support Team at firstname.lastname@example.org with the subject line “California Resident – [your first and last name]”To protect your privacy and security, we take reasonable steps to verify your identity and requests before granting such requests, including but not limited to verifying your Account information, residency or the email address you provide.
9. CALIFORNIA MINORS’ PRIVACY RIGHTS
California residents who are Website’s registered users and are under the age of 18 are entitled, in accordance with California law, to request and obtain removal of content and information that they themselves post on the Website. You may request such removal by emailing our Customer Support Team at email@example.com with the subject line “California Resident – [your first and last name]”In your request, please provide a description of the material that you want to be removed and information reasonably sufficient to permit us to locate the material, including but not limited to your name, email address and/or agile-thoughts Website user’s name, year of birth, mailing address (including city, state, and zip code), and the subject line “California Removal Request”, so that we can process your request as soon as we can. Please note that your request does not ensure complete or comprehensive removal of the material. For example, materials that you have posted may have been republished or reposted by another user or third party.
10. INTERNATIONAL TRANSFERS
agile-thoughts is headquartered in the United States of America. Please be aware that information you provide to us or that we obtain as a result of your use of the Website may be collected in your country and subsequently transferred to the United States of America or to another country in which we or our affiliates or processors maintain facilities.
By using the Website, you consent to the collection, international transfer, storage, and processing of your information outside your country of residence.
If you are located in the European Union, we may store and share your personal data with companies located outside of the European Economic Area. We will always do our best to ensure the security of your data and you may always request information on how and where your data is processed and stored.
11. RESIDENTS OF THE EEA OR SWITZERLAND
- The right to be informed. This means anyone processing your personal data must make clear what they are processing, why, and who else the data may be passed to.
- The right of access. This is your right to see what data is held about you by a Data Controller.
- The right to rectification. The right to have your data corrected or amended if what is held is incorrect in some way.
- The right to erasure. Under certain circumstances you can ask for your personal data to be deleted. This is also called ‘the Right to be Forgotten’. This would apply if the personal data is no longer required for the purposes it was collected for, or your consent for the processing of that data has been withdrawn, or the personal data has been unlawfully processed.
- The right to restrict processing. This gives the Data Subject the right to ask for a temporary halt to processing of personal data, such as in the case where a dispute or legal case has to be concluded, or the data is being corrected.
- The right to data portability. A Data Subject has the right to ask for any data supplied directly to the Data Controller by him or her, to be provided in a structured, commonly used, and machine-readable format.
- The right to object. The Data Subject has the right to object to further processing of their data which is inconsistent with the primary purpose for which it was collected, including profiling, automation, and direct marketing.
- Rights in relation to automated decision making and profiling. Data Subjects have the right not to be subject to a decision based solely on automated processing.
agile-thoughts is the Data Controller of the information you provide us. To communicate with our Data Protection Officer, make a request or otherwise exercise your rights under Chapter 3, you can email our Customer Support Team at firstname.lastname@example.org with the subject line “Resident of the EEA or Switzerland – [your first and last name]”In order to respond to your request, we will need to verify your identity and residency and may require you to provide us with supporting information, including but not limited to your name, email address and/or agile-thoughts Website user’s name, year of birth, mailing address (including country, state, city and zip code), and the subject line “Resident of the EEA or Switzerland”, so that we can process your request as soon as we can.