Privacy Policy

Agave® Systems respects your preferences concerning the collection and use of your Personal Information. The following privacy policies are tailored for the different ways your Personal Information is collected by different Agave® Systems lines of business and offerings.

Agave® Systems, Inc and our subsidiaries and affiliates (“Agave” or “we”) respect your preferences concerning the treatment of Personal Information that we may collect. This policy lets you know how we collect and use your Personal Information, how you can control its use, and describes our practices regarding information collected from the different Agave® Systems sites that link or refer to this policy (such as our websites, computer or mobile software applications, social media pages and HTML-formatted e-mail messages), as well as through offline sales and marketing activities (collectively, the “Channels”).

The Channels may provide links to or the ability to connect with non-Agave websites, services, social networks or applications. Clicking on those links or enabling those connections may allow the third party to collect or share information about you. Those third-party websites or services are beyond our control. We encourage you to check the privacy policies and terms of use of any non-Agave websites or services before providing your Personal Information to them.

Personal and Other Information We Collect

Through your interaction with and use of the Channels, Agave® Systems may collect Personal Information, which is information that identifies an individual or relates to an identifiable individual. Personal Information may include, but is not limited to, your name, physical address, telephone number, e-mail address, company affiliation and associated interests.

Agave® Systems may also collect Other Information through your interaction with and use of the Channels and non-Agave websites, which does not reveal your specific identity or does not directly relate to an individual. Other Information may include, but is not limited to, browser and device information, data collected through automated electronic interactions, application usage data, demographic information, geographic or geo-location information, statistical and aggregated information.

Statistical or aggregated information does not directly identify a specific person, but it may be derived from Personal Information. For example, we may aggregate Personal Information to calculate the percentage of users in a particular zip code.

In some instances, we may combine Other Information with Personal Information, such as combining a precise geographical location with your name. If we combine Other Information with Personal Information, we will treat the combined information as Personal Information.

How We Use and Share Information

Personal Information
Agave® Systems uses and shares the Personal Information it collects (unless otherwise restricted by applicable law), to:

Engage in Transactions. Agave® Systems may use Personal Information to engage in transactions with you.
Process Transactions. Agave® Systems may use Personal Information along with, financial, credit card, and payment information, to process your transactions.

Provide Support or Other Services. Agave® Systems may use your Personal Information to provide you support or other services you have ordered, as well as product updates, product patches and fixes and other similar operational communications.

Tailor Marketing to Your Needs and Respond to Your Requests. Agave® Systems may use your Personal Information to notify you about new product releases and service developments, and to advertise Agave® Systems’ products and services in accordance with this Policy. Your website visit, marketing experience, and communications may be tailored to your interests based on your Personal Information. Agave® Systems may also use Personal Information in order to respond directly to your information requests (including newsletter registrations or other specific requests), or pass your contact information to the appropriate Agave® Systems distributor or reseller for further follow-up related to your interests. In addition, if you consent, Agave® Systems may share your Personal Information with other selected partners that offer complementary products or services. Please review the specific partner’s privacy policy regarding any further interactions with them.

Provide Agave® Systems Online Communities. Some Channels permit you to: participate in interactive discussions; create a profile; post comments, opportunities or other content; communicate directly with another user; or otherwise engage in networking activities. Some of these services are moderated and all may be accessed for technical reasons. Agave® Systems does not control the content that users post to these forums or social networks. You should carefully consider whether you wish to submit Personal Information to these forums or social networks and whether you wish to make your profile available to other users, and you should tailor any content you submit appropriately. You should also review any additional terms and conditions that may govern your use of these Channels.

Interact with You on Third Party Social Networks. Agave® Systems may use your Personal Information to interact with you on third party social networks. Agave® Systems’ interactions with you on a third-party social network would be subject to that network’s privacy policies and terms of use.

Post Testimonials. We post testimonials on our Channels that may contain Personal Information. Prior to posting a testimonial, we will obtain your consent to use your name and testimonial.

Administer Product Downloads and Licensing Compliance. If you download products from our Channels, Agave® Systems uses Personal Information to: confirm certain information about your order (for example, that you did not experience problems in the download process); discuss the downloaded products; or provide marketing or sales information about related products and services. Agave® Systems also may use Personal Information to contact you, confirm compliance with licensing and other terms of use, and may share it with your company.

Select Content, Improve Quality and Facilitate Use of the Channels. Agave® Systems may use your Personal Information to help create and personalize content on our Channels, facilitate your use of the Channels (for example, to facilitate navigation and the login process, avoid duplicate data entry, enhance security, keep track of shopping cart additions and preserve order information between sessions), improve quality, track marketing campaign responsiveness (including online advertising and e-mail marketing), and evaluate page response rates.

Provide various Agave® Systems Communities, such as Partners, with Relevant Product Alerts and Updates. If you sign up for an Agave® Systems community or program, Agave® Systems will provide you information regarding your expressed interests, such as new product releases, alerts, updates, prices, terms, special offers and associated campaigns.

Power Joint Sales or Product Promotions. Agave® Systems and its partners may engage in joint sales or product promotions. Such promotions will always reference the partners involved. Both Agave® Systems and the partner(s) will have access to that information, and either Agave® Systems or our partners may provide you the sales or product promotion information. Each party will be responsible for managing their own use of the Personal Information collected for the joint sale or product promotion. We recommend you review the privacy policies of these partners to address any questions you have regarding their handling of your information.

Improve Products, Services, and Experiences. Agave® Systems may use your Personal Information to evaluate and improve our products, services, marketing, and customer relationships.

Communicate with You about a Conference or Event. We or our partners may communicate with you about a conference or event hosted or co-sponsored by Agave® Systems or one of our partners. This may include information about the event’s content, logistics, payment, updates, and any additional meetings, special demonstrations or other customer facilitation that we may provide related to your event registration. After the event, Agave® Systems may contact you about the event and related products and services, and may share information about your attendance with your company. Where legally permitted, Agave® Systems will also allow designated partners or conference sponsors to send you up to two communications related to your event attendance. Please note that our partners or conference sponsors may directly request your Personal Information at their conference booths or presentations. You should review their privacy policies to learn how they use Personal Information.

Obtain Third Party Services. We also share Personal Information with third parties who provide services to Agave® Systems, such as credit card processing services, order fulfillment, analytics, event / campaign management, web site management, information technology and related infrastructure provision, customer service, e-mail delivery, auditing, and other similar services. When Agave® Systems shares Personal Information with third party service providers, we require that they use your Personal Information only for the purpose of providing services to us and subject to terms consistent with this Policy.

Protect our Employees, Sites, Facilities, and Operations. Agave® Systems may disclose your Personal Information as we believe to be necessary or appropriate to protect the health and safety of our employees and visitors, our physical and online operations, our property, rights, and privacy, and/or that of our affiliates, you or others. If you visit our offices, you may be photographed or videotaped as part of maintaining the security of our facilities. Facility security photography will be treated as sensitive information and will only be used for security and investigation purposes.

Comply with Legal Requirements and Corporate Transactions. Agave® Systemsmay disclose your Personal Information as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; and (e) to allow us to pursue available remedies or limit the damages that we may sustain. Additionally, in the event of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), we may transfer the Personal Information we have collected to the relevant third party.

Some of the Personal Information uses specified above are not mandatory and may be controlled by you.

Other Information

We may use, transfer, and disclose Other Information we collect for any purpose, except where applicable law requires otherwise. If we are required to treat Other Information as Personal Information under applicable law, then we will only use it in the same way that we are permitted to use and disclose Personal Information.

How We Collect Information

Agave® Systems and our third party service providers may collect both Personal Information and Other Information from a variety of sources that generally fall into three categories:

  • Direct Interactions: From your use of and interaction with us through the Channels and other activities such as account creation, submission of registrations and forms, or sales inquiries and transactions.
  • Publicly Available Data / Data from Third Parties: Data from Automated Interactions on non-Agave websites, or other data you may have made publicly available, such as social media posts, or data provided by third party sources, such as marketing opt-in lists, or data aggregators.
  • Automated Interactions: Although Agave® Systems’ use of Automated Interactions may change over time as technology evolves, the following descriptions are designed to provide you with additional detail about Agave’s current approach to information collected from Automated Interactions.

Electronic Communications Protocols: As is true when you visit most websites and apps, Agave® Systems may automatically receive information from you as part of the communication connection itself, which often consists of network routing information (where you came from), equipment information (browser type), your IP address (which may identify your general geographic location or company), and date and time.
Agave® Systems may also automatically receive and record information about your interaction with the Channels, such as clickstream information (when each Agave® Systems webpage was visited and how much time was spent on the page), or general geo-location data.

Cookies: Agave® Systems’ server will query your browser to see if there are “cookies” previously set by our electronic Channels. A cookie is a small piece of information sent by a Web server to store on a Web browser so it can later be read back from that browser. Cookies may collect information, including a unique identifier, user preferences, profile information, membership information, and general usage and volume statistical information. Cookies may also be used to collect individualized web site use data, provide electronic Channel personalization, or conduct and measure the effectiveness of advertising in accordance with this Policy. Some cookies may remain on users’ computers after they leave the Website. While the majority are set to expire within 1-24 months of your last visit to the website that set the cookie, others may not expire because of their nature, like cookies that remember opt-out preferences.

Your browser may provide you with information and control over cookies. You can set your browser to alert you when a cookie is being used, and accept or reject the cookie. You can also set your browser to refuse all cookies or accept only cookies returned to the originating servers. Users can generally disable the cookie feature on their browser without affecting their ability to use the site, except in some cases where cookies are used as an essential security feature necessary for transaction completion. Cookies, however, are important to the proper functioning of a site, and disabling them may degrade your experience and interfere with Web site features and customizations.

Agave® Systems has engaged one or more third party service providers to track and analyze both individualized usage and volume statistical information from interactions with electronic Channels. The service provider(s) set cookies on behalf of Agave® Systems. Agave® Systems also uses other third party cookies to provide advertising and personalization services in accordance with this Policy, and to track the performance of Agave® Systems advertisements on their websites and Agave® Systems e-mails.

Embedded URLs: Agave® Systems may use a tracking technique that employs embedded URLs to allow use of the electronic Channels without cookies. Embedded URLs allow limited information to follow you as you navigate the electronic Channels, but are not associated with Personal Information and are not used beyond the session.

Embedded Pixels and Similar Technologies: On the electronic Channels, Agave® Systems and its service providers may use embedded pixel technologies for the purposes of identifying unique user visits (as opposed to aggregate hits), and for advertising purposes. In addition, embedded pixels or other technologies may be used in e-mails and our online display advertising to provide information on when the e-mail or ad was opened to track marketing campaign responsiveness; information collected using these technologies may be associated with the recipient’s e-mail address.

Widgets, Buttons, and Tools: Our electronic Channels may include widgets, which are interactive mini-programs that run on our site to provide specific services from another company (e.g., links to bookmarked sites), along with buttons or other tools that link to other companies’ services (e.g., a “Like” button or third party map). The widget, button or tool may collect and automatically send Personal Information, such as your e-mail address, or Other Information (such as your browser information, or IP address), to a third party. Cookies may also be set or used by the widgets, buttons or tools to enable them to function properly or for other purposes, which may include advertising. Information collected or used by a widget, button or tool, including cookie settings and preferences, is governed by the privacy policy of the company that created it.

Physical Location: We may collect the physical location of your device and use it to provide you with personalized location-based services or content. In some instances, you may be permitted to allow or deny such use of your device’s location, but if you choose to deny such use, we may not be able to provide you with the applicable personalized services or content.

Registration, Preferences, and Opt-Out

A list of your current Privacy Choices is listed on the following tab.

Preferences and Opt-Out.

E-mail Marketing. Agave® Systems enables you to opt out of marketing communications. You may opt out of e-mail marketing by modifying your online profile as described above or by using our general unsubscribe automated link that is included in Agave® Systems marketing e-mails..

Some non-marketing communications are not subject to general opt-out, such as communications related to product download, sales transactions, software updates and other support related information, patches and fixes, conferences or events for which you have registered, disclosures to comply with legal requirements, and (where permitted by law) quality assurance surveys. Some additional communications with partners are also not subject to general-opt out, including product alerts, updates, contractual marketing and sales materials, and other notices related to partner status.

Cookies and Do Not Track Preferences. Agave® Systemsenables you to opt out of cookies that are not required to enable core site functionality. Agave® Systemsuses its cookies preferences tool to processes Internet advertising and tracking preferences, but does not process any other Do Not Track signals. Once you have set your cookie preferences, Agave® Systems will follow the specific choices you made there. Please remember that if you delete your cookies, or use a different browser or computer, you will need to set your cookies preferences again.

Information-Sharing Choices. Agave® Systemsonly shares Personal Information with selected companies after providing users the ability to make choices about the sharing, or as otherwise described in this Policy. There are limitations to opting out of such sharing in the case of: (1) joint sales or joint events; (2) where the customer has requested follow-up which involves Agave® Systemspartners; (3) where third parties are required to accomplish the transaction or perform the service; and (4) where required by law.

Third Party Permission-Based Lists. On occasion, Agave® Systems may use third-party lists to send communications about Agave® Systems products and services. These lists, which are maintained by third parties, include users eligible under applicable law to receive e-mails from other companies such as Agave® Systems. When we use such lists, the communications will include mechanisms to opt out of receiving Agave® Systemsmarketing communications. If you have trouble opting out, or if you wish to make us aware of any issues related to a third-party mailing, you may contact us directly through our inquiry form.

For California Residents. Under California Civil Code Section 1798.83 (also known as S.B. 27), if you are a California resident and your business relationship with Agave® Systems is primarily for personal, family, or household purposes, you may request certain data regarding Agave® Systems’s disclosure, if any, of Personal Information to third parties for the third-parties’ direct marketing purposes. To make such a request, please fill out an inquiry form; you may make such a request up to once per calendar year. If applicable, we will provide you, by e-mail, a list of the categories of Personal Information disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, along with the third parties’ names and addresses. Please note that not all Personal Information sharing is covered by S.B. 27’s requirements.

Retention and Deletion

Agave® Systems will retain your Personal Information for as long as your account is active; as needed to provide you products or services; as needed for the purposes outlined in this policy or at the time of collection; as necessary to comply with our legal obligations (e.g., to honor opt-outs), resolve disputes, and enforce our agreements; or to the extent permitted by law.

At the end of the retention period, Agave® Systems will delete your Personal Information in a manner designed to ensure that it cannot be reconstructed or read.

Advertising

Agave® Systems uses some third parties to administer a limited set of Agave® Systemsadvertisements on third party electronic channels. No Personal Information is provided to the advertisers as part of this process, but aggregate profile information or Other Information, such as user community or implied or inferred interests, may be used in the selection of advertising to make sure that it has relevance to the user. Some banner ads may contain embedded pixels that may write and read cookies or return session connection information that allows advertisers to better determine how many individual users have clicked on the ad banner.

Agave® Systems may also use advertising technologies and participate in advertising technology networks that collect Other Information from Agave® Systemsand non-Agave® Systems websites, as well as from other sources, to show you Agave-related advertisements on Agave® Systems’ own and third-party websites. These advertisements may be tailored to your perceived interests using retargeting and behavioral advertising technologies, a set of practices collectively referred to as “Interest Based Advertising” in this policy. Any retargeted or behavioral advertisements served to your browser will contain information on or near it that informs you about the advertising technology partner and how to opt-out of viewing such advertisements.

Cookie-based tools that allow you to opt-out of Interest Based Advertising prevent Agave® Systems and other participating advertising technology companies from serving interest-related ads to you on behalf of Agave® Systems. They will only work only on the Internet browser on which they are deposited, and they will only function only if your browser is set to accept third-party cookies. These cookie-based opt-out tools may not be as reliable where (e.g., certain mobile devices and operating systems) cookies are sometimes automatically disabled or removed. If you delete cookies, change browsers, computers or use another operating system, you will need to opt-out again.

Security

The security of your Personal Information is very important to Agave® Systems. We use physical, electronic, and administrative safeguards that are designed to protect your Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction.

In addition, Agave® Systems uses standard security protocols and mechanisms to exchange the transmission of sensitive data such as credit card details. When you enter sensitive Personal Information such as your credit card number on our site, we encrypt it using secure socket layer (SSL) technology.

In the event that your Personal Information is acquired, or is reasonably believed to have been acquired, by an unauthorized person and applicable law requires notification, Agave® Systems will notify you by e-mail, fax, or U.S. mail. Agave® Systems will give you notice promptly, consistent with the reasonable needs of law enforcement and/or Agave® Systems to determine the scope of the breach and to investigate and restore the integrity of the data system.

Dispute Resolution

If you have any complaints regarding our compliance with this policy, you should first contact us. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with this privacy policy.

Sensitive Information

We ask that you not send us, and you not share any sensitive Personal Information (e.g., Social Security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership). Agave® Systems

Children’s Privacy

As a company focused on serving the needs of businesses, Agave® Systems’ Channels are not directed to minors and Agave® Systems does not promote or market its services to minors, except as part of specific educational outreach programs with parental permission.

Other Agave® Systems Privacy Policies

In addition to this policy, Agave® Systems has other privacy policies that are tailored for the different ways your Personal Information is collected by different Agave® Systemslines of business and offerings.
The Agave® Systems Privacy Policy addresses information we collect at our web sites and in off-line sales and marketing activities.

Contact Us

If you believe your Personal Information has been used in a way that is not consistent with this policy or your specified preferences, or if you have further questions related to this policy, please contact us.

Corporate Headquarters

Agave® Systems’ corporate headquarters are located at:

27122 Paseo Espada, Suite 901
San Juan Capistrano, CA
92675, USA
Tel: +1.866.532.6723

Last Updated: December 21, 2018