Platform Privacy Policy

Introduction

Last updated: November 2019

AgilePoint (“we” or “us” or “our”) respects the privacy of our users (“user” or “you”). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when using AgilePoint’s NX platform. Please read this Privacy Policy carefully. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE OR ACCESS THE NX PLATFORM.

We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of this Privacy Policy. You are encouraged to periodically review this Privacy Policy to stay informed of changes. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the NX platform after the date such revised Privacy Policy is posted.

The NX platform publishes applications (or “apps”) that third parties have developed. These “Third-Party Owners” may own and/or control other applications that make use of the NX platform to publish their applications (“Third-Party Apps”) This added functionality by the Third-Party app developers may collect and use data about you. Third-Party Owners are responsible for privacy and use of your information that may be collected by their Third-Party Apps.

Important: This privacy policy covers the NX platform’s privacy protections and is limited to the NX platform infrastructure and not the implementation of Third-Party Apps operating on the NX platform. Various options for the use of the NX platform and other software are made at the discretion of the Third-Party Owner. Refer to the Third-Party Owner’s privacy policy or contact the appropriate Third-Party Owner for additional information about their privacy, collection and use of information by Third-Party Apps.

Collection of your information

We may collect information about you in a variety of ways. The information we may collect via the NX platform depends on the content and materials you use, and includes:

Personal Data

Demographic and other personally identifiable information (such as your name and email address) that you voluntarily provide in order to use the NX platform features such as chat, posting messages in comment sections or in our forums, liking posts, sending feedback, and responding to surveys. If you choose to share data about yourself via a profile, online chat, or other interactive areas of the NX platform, please be advised that all data you disclose in these areas is public and your data will be accessible to anyone who accesses the NX platform. The retention of Personal Identifiable Information (PII) is at the discretion of the Third-Party Owner and is not examined or stored in our servers or databases.

Derivative Data

The NX platform clears login data when a user signs-out, but configuration details are retained. Configuration details include the server name, username and password you submit to access AgilePoint’s or a Third Party’s application.

Financial Data

Financial information, such as data related to your payment method (e.g. valid credit card number, card brand, expiration date) may be collected when you purchase, order, return or exchange using the Third-Party Owner’s application on the NX platform. Such information may be held by the Third-Party Owner but will not be stored by AgilePoint. Otherwise, all financial information may be stored and/or processed by the Third-Party Owner or the Third-Party Owner’s payment processor, and you are encouraged to review their privacy policy and contact them directly for responses to your questions.

Facebook Permissions

The Third-Party Owner’s application may by default access your Facebook basic account information, including your name, email, gender, birthday, current city, and profile picture URL, as well as other information that you choose to make public. This is at the discretion of the Application owner and is not examined or held by AgilePoint. For more information regarding Facebook permissions, refer to the Facebook Permissions Reference page.

Data from Social Networks

User information from social networking sites such as Apple’s Game Center, Facebook, Google+ Instagram, Pinterest, Twitter, etc., including your name, your social network username, location, gender, birth date, email address, profile picture, and public data for contacts, if you connect your account to such social networks. This information may also include the contact information of anyone you invite to use and/or join the Application. This is at the discretion of the Third-Party Owner and is not examined or stored in AgilePoint’s servers or databases.

Geo-Location Information

The Third-Party Owner may request access or permission to track location-based information from your mobile device, either continuously or while you are using the Application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings. This is at the discretion of the Third-Party Owner and is not examined or stored in AgilePoint’s servers or databases.

Mobile Device Access and Data

Please refer to AgilePoint’s “NX Mobile App Privacy Policy”.

Push Notifications

The Third-Party Owner may request to send you push notifications regarding your account. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.

Third-Party Data

AgilePoint does not collect or share personal data with third parties. If the Third-Party Owner does collect or share your data, then it is subject to the Third-Party Owner’s privacy policy.

Use of your information

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the NX platform to:

  1. Create and manage your account.
  2. Fulfill and manage purchases, orders, payments, and other transactions related to or accomplished by the Third-Party Owner’s application.
  3. Generate a configuration profile about you to make future use of the NX platform more personalized.
  4. Increase the efficiency and operation of the NX platform.
  5. Notify you of updates to the NX platform.
  6. Perform other business activities as needed. Any additional uses of your information by the Third-Party Owner is subject to the ThirdParty Owner’s privacy policy.

Disclosure of your information

We may share information we have collected about you in certain situations. Your information may be disclosed as follows:

By Law or to Protect Rights

If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.

Third-Party Service Providers

The Third-Party Owner may share your information with third parties that perform services for them or on their behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.

Marketing Communications

With your consent, or with an opportunity for you to withdraw consent, the Third-Party Owner may share your information with third parties for marketing purposes, as permitted by law.

Interactions with Other Users

If you interact with other users of the Third-Party Owner’s application, those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, following blogs.

Online Postings

When you post comments, contributions or other content to the Third-Party Owner’s application, your posts may be viewed by all users and may be publicly distributed outside the Application in perpetuity.

Third-Party Advertisers

AgilePoint does not use third-party advertising companies. If the Third-Party Owner does use third party advertisers, then it is subject to the Third-Party Owner’s privacy policy.

Affiliates

AgilePoint does not work with affiliates. Any information shared with an affiliate of a Third Party is at the discretion of the Third-Party Owner.

Business Partners

AgilePoint does not share users’ personal information with its business partners. Doing so is at the discretion of the Third-Party Owner and is not examined or stored in AgilePoint’s servers or databases.

Offer Wall

AgilePoint does not provide an Offer Wall. The provision of an Offer Wall is at the discretion of the Third-Party Owner and is not part of the NX platform.

Social Media Contacts

If you connect to the Third-Party Owner’s application through a social network, your contacts on the social network will see your name, profile photo, and descriptions of your activity. This is at the discretion of the Third-Party Owner.

Other Third Parties

This is at the discretion of the Third-Party Owner and is not examined or stored in AgilePoint’s servers or databases.

Sale or Bankruptcy

If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline to honor commitments we made in this Privacy Policy.

We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.

Tracking technology

Cookies and Web Beacons

The data that is stored on the mobile device by the Third-Party Owner’s application is within the application’s sandbox space and managed by the OS. Other Third-Party Owner applications are not able to access this data. The account information is encrypted and is stored in the device’s memory. AgilePoint workflow and its formsrelated data comes from AgilePoint Server Database using API. Data is not cached in the device unless it is being used in an offline mode. Data about the user or the user’s device is not saved in cookies or beacons.

AgilePoint’s NX platform clears login data when the user signs-out, but the app’s configuration details are retained. When the user uninstalls the app, the offline cache of eForms files and log files are not deleted (not confidential data). AgilePoint eForms files are static files that do not contain confidential data.

However, if you use the offline feature for Third-Party Owner apps, you can cache data for the eForms and tasks on the secured sandboxed space of the NX platform. The data being cached would depend on features used by the Third-Party Owner. This is not a feature of the NX platform and is at the discretion of the Third-Party Owner. This data is not examined or stored in AgilePoint’s servers or databases. User related data is stored inside the Third-Party Owner’s secured app space.

Internet-Based Advertising

This is at the discretion of the Third-Party Owner and is not used by the NX platform.

Website Analytics

This is at the discretion of the Third-Party Owner.

Third-Party Websites

This is at the discretion of the Third-Party Owner and is not examined or stored in AgilePoint’s servers or databases.

Security of your information

We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.

Policy for children

We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we or the Third-Party Owner have collected from children under age 13, please contact us using the contact information provided below.

Controls for do-not-track features

This is at the discretion of the Third-Party Owner.

Options regarding your information

Account Information

You may at any time review or change the information in your account or terminate your account by:

- Logging into your account settings and updating your account.

- Contacting the Third-Party Owner using the contact information they provide.

Upon your request to terminate your account, the Third-Party Owner should take action. Please review their privacy policy for data retention.

Emails and Communications

If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by:

- Noting your preferences at the time you register your account with the Application.

- Logging into your account settings and updating your preferences.

- Contacting us using the contact information provided below.

- If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.

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 categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the NX platform, you have the right to request removal of unwanted data that you publicly post on the NX platform. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the NX platform, but please be aware that the data may not be completely or comprehensively removed from our systems.

Contact us

If you have questions or comments about this Privacy Policy, please contact us at:

AgilePoint, Inc.

1916 Old Middlefield Way,

Suite B Mountain View, CA 94043

650-968-6785

ap-privacy@agilepoint.com