Privacy Policy

This Privacy Policy describes how Agilysys, Inc. and its affiliates (collectively, “Agilysys,” “we,” “us,” or “our”) collect, use, share, and protect personal information. This Privacy Policy supplements our Data Processing Agreement at https://www.agilysys.com/en/dpa/ and our Cookie Policy located at https://www.agilysys.com/en/Disclaimer#cookies. It also tells you about your rights and choices with respect to your personal information, and how you can reach us to get answers to your questions.  

You can jump to particular topics by going to the headings below:

• Information We Collect
• How We Use Information.
• How We Share Information.
• Your Choices
• How We Protect and Retain Information
• Transmission Of Information To Other Countries
• Third-Party Applications/Websites
• Changes To This Privacy Policy
• Children
• Contact Information
• Additional Information For California Residents

Information We Collect

When we receive information for our own purposes, such as the contact or billing information of our clients, the processing of that information is described by this Privacy Policy. When we receive or process information on behalf of one of our clients, the privacy practices that apply to the processing of that information is governed by our client’s privacy policy.

We collect information about you in a variety of ways depending on how you interact with us and our websites, mobile applications, products, and services, including:

• Directly from you when you provide it to us, such as when you register for an account, sign up to receive communications from us, contact us for a demo of one of our services or products, or contact us by phone, email, or otherwise.
• Automatically through the use of cookies, server logs, and other similar technologies when you interact with our websites, mobile applications, and emails.
• From other sources, including, for example, our affiliates, business partners, service providers, online social media networks, and other third parties, or from publicly available sources. For example, if you submit a job application on our website, or become an employee, we may conduct a background check or use the information you submit to process your job application.

The following provides examples of the type of information that we collect in a variety of contexts and how we use that information.

If you are located in a jurisdiction that requires consent for certain processing activities, our lawful basis for processing your data is generally consent, including implied consent where applicable. If you would like specific information about your lawful basis of processing in these jurisdictions, please contact us as indicated in the “Contact Us” section.

How We Use Information.

In addition to the purposes and uses described above, we use information in the following ways:

• To identify you when you visit our websites.
• To provide products and services or to process returns.
• To improve our services and product offerings.
• To streamline the checkout process.
• To conduct analytics.
• To communicate with you, such as to respond to and/or follow-up on your requests, inquiries, issues, or feedback.
• To send marketing and promotional materials including information relating to our products, services, sales, or promotions, or those of our business partners.
• To detect and protect against malicious, deceptive, fraudulent, or illegal activity, including violation of our policies and terms and conditions, security incidents, and harm to the rights, property, or safety of our company and our users, employees, or others.
• To debug, identify and repair errors that impair existing intended functionality of our website and services.
• To comply with our legal or regulatory obligations, to establish or exercise our rights, and to defend against a legal claim.
• For internal administrative purposes, as well as to manage our relationships.
• For such other purposes as you may consent (from time to time).

Although the sections above describe our primary purpose in collecting your information, in many situations we have more than one purpose. For example, if you complete a supply order request form, we may collect your information to perform our contract with you, but we also collect your information as we have a legitimate interest in maintaining your information after your transaction is complete so that we can quickly and easily respond to any questions about your order. As a result, our collection and processing of your information is based in different contexts upon your consent, our need to perform a contract, our obligations under law, and/or our legitimate interest in conducting our business.

To the extent we maintain and use personal information in a deidentified form, we will not attempt to reidentify the information, except for the purpose of determining whether our deidentification processes satisfy our legal obligations.

How We Share Information.

In addition to the specific situations discussed elsewhere in this Privacy Policy, we may disclose personal information in the following situations:

• Affiliates and Acquisitions. We may share information with our corporate affiliates (g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control). If another company acquires, or plans to acquire, our company, business, or our assets, we will also share information with that company, including at the negotiation stage.
• Other Disclosures without Your Consent. We may disclose information in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to comply with relevant laws. We may also share your information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies, or to comply with your request for the shipment of products to or the provision of services by a third-party intermediary.
• Service Providers. We share your information with service providers. Among other things service providers may help us to administer our website, conduct surveys, provide technical support, process payments, and assist in the fulfillment of orders.
• Internal Company Departments. We may share your information with our internal company departments who have a business purpose for accessing the data (which will depend on the purpose for which you provided your information). This may include, but is not limited to, Support, Human Resources, Finance, IT, Marketing, Sales, and products/services/operations.
• Other Disclosures with Your Consent. We may disclose your information to other third parties when we have your consent or direction to do so.

The following table describes the categories of information we disclose for a “business purpose” and share for purposes of cross-context behavioral advertising (also referred to as “targeted advertising”) (as those terms are defined by applicable law). Note that we do not “sell” your personal information for money. As discussed elsewhere in the Privacy Policy, we use cookies and similar tracking technologies for purposes of behavioral advertising.

Your Choices

Some jurisdictions give you a right to make the following choices regarding your personal information:

• Access To Your Personal Information. You may request access to your personal information or confirmation that we have information about you. In certain limited circumstances, you may also request to receive access to your data in a portable, machine-readable format.
• Changes To Your Personal Information. We rely on you to update and correct your personal information. Most of our websites allow you to modify or delete your account profile. If our website does not permit you to update or correct certain information, you can contact us at the address described below in order to request that your information by modified. You may ask us to correct information that is inaccurate or incomplete. Note that we may keep historical information in our backup files as permitted by law.
• Deletion Of Your Personal Information. You may request that we delete your personal information. If required by law, we will grant a request to delete information, but you should note that in many situations we must keep your personal information to comply with our legal obligations, resolve disputes, enforce our agreements, or for another business purposes.
• Opt-out of Targeted Advertising. You may opt-out of online tracking based targeted advertising (e.g., cookies) by clicking the green cookie icon in the bottom left corner of the website. You may also opt-out of other forms of targeted advertising by submitting a request as described below.
• Objection to or Restriction of Certain Processing. In certain circumstances, you may object to the processing of your personal information, or request that we restrict processing of your personal information, by following the instructions described below.
• Online Tracking. We do not currently recognize the “Do Not Track” signal.
• Promotional Emails. You may choose to provide us with your email address for the purpose of allowing us to send free newsletters and other promotional materials to you, as well as targeted offers from third parties. You can stop receiving promotional emails by following the unsubscribe instructions in emails that you receive. If you decide not to receive promotional emails, we may still send you service related communications.
• Revocation Of Consent. Where we process your personal information based upon consent, you may revoke consent. Please note, if you revoke your consent for the processing of personal information then we may no longer be able to provide you services.

Please note, not all of the rights described above are absolute, and they do not apply in all circumstances. In some cases, we may limit or deny your request because the law permits or requires us to do so, or if we are unable to adequately verify your identity. We will not discriminate against individuals who exercise their privacy rights under applicable law.

Submitting Requests

You may exercise the rights described above through our online portal or by contacting us as indicated in the “Contact Information” section below. If you disagree with our denial of a request, you may appeal our decision by contacting us with the subject line “Appeal.”

Note that, as required by law, we will require you to prove your identity. We may verify your identity by phone call or email. Depending on your request, we will ask for information such as your name, the last item you purchased from us, or the date of your last purchase from us. We may also ask you to provide a signed declaration confirming your identity. Following a request, we will use reasonable efforts to supply, correct or delete personal information about you in our files.

In some circumstances, you may designate an authorized agent to submit requests to exercise certain privacy rights on your behalf. If you are an authorized agent submitting a request on behalf of an individual, you must attach a copy of a completed Authorized Agent Designation Form indicating that you are able to act on another person’s behalf.

How We Protect and Retain Information

No method of transmission over the internet, or method of electronic storage, is fully secure. However, we use reasonable physical, administrative, and technical measures to protect your personal information. Additionally, we maintain internal governance policies designed to protect your information. These governance policies include, but are not limited to, Written Information Security Protocols, Incident Response Plans, Data Subject Request Protocols, and Record Retention and Destruction Policies. While we use reasonable efforts to protect your personal information from unauthorized access, use, or disclosure, we cannot guarantee the security of your personal information. In the event that we are required by law to inform you of a breach to your personal information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.

Some portions of our website permit you to create an account. When you do you will be prompted to create a password. You are responsible for maintaining the confidentiality of your password, and you are responsible for any access to or use of your account by someone else that has obtained your password, whether or not such access or use has been authorized by you. You should notify us of any unauthorized use of your password or account.

We retain your personal information for only as long as necessary to fulfil the purposes outlined in this Privacy Policy, including for the purposes of satisfying any legal, accounting, or reporting requirements, unless a longer retention period is required or permitted by law. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the information, the purposes for which we obtained the information and whether we can achieve those purposes through other means, as well as applicable legal requirements.

Transmission Of Information To Other Countries

As a multi-national company, we transmit information between and among our affiliates. As a result, your information may be processed in a foreign country where privacy laws may be less stringent than the laws in your country. Nonetheless, where possible we take steps to treat personal information using the same privacy principles that apply pursuant to the law of the country in which we first received your information. By submitting your personal information to us you agree to the transfer, storage, and processing of your information in a country other than your country of residence including, but not necessarily limited to, the United States. If you would like more information concerning our attempts to apply the privacy principles applicable in one jurisdiction to data when it goes to another jurisdiction you can contact us using the contact information below.

For individuals whose use of our services results in the transfer of personal information from the European Economic Area to the United States, we rely on, and comply with the EU-U.S. Data Privacy Framework and the UK Extension to the EU-U.S. Data Privacy Framework, and the Swiss-U.S. Data Privacy Framework as provided by the U.S. Department of Commerce, including principles and obligations set forth therein (collectively referred to as the “Data Privacy Framework” or “DPF”). 

The following entities are certified under the Data Privacy Framework: 

• Agilysys NV LLC

Agilysys and the listed entity above comply with the Data Privacy Framework as set forth by the U.S. Department of Commerce. Agilysys and the listed entity above have certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework principles, including the United Kingdom extension, and the Swiss-U.S. Data Privacy Framework principles. If there is any conflict between the terms in this Privacy Policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF principles, the principles shall govern. To learn more about the Data Privacy Framework Program, and to view our certification, please visit: https://www.dataprivacyframework.gov/.

These Agilysys entities are subject to the investigatory and enforcement powers of the Federal Trade Commission and have committed to subject all personal information transferred in reliance on the Data Privacy Framework to the Data Privacy Framework’s principles. In the event any such personal information is transferred to another entity, the transferring entity will remain liable for the recipients’ violation(s) of the Data Privacy Framework’s principles. You can find additional information about the Data Privacy Framework as well as a list of participating entities here: https://www.dataprivacyframework.gov/s/participant-search. Where we transfer your personal information in reliance on the Data Privacy Framework, you have a right to object to the disclosure of your personal information to third party controllers. To exercise this right, you can contact us as described in the “Contact Information” section below.

In compliance with the Data Privacy Framework, Agilysys commits to resolve Data Privacy Framework-related complaints about our collection and use of your personal information. EU, UK, and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the Data Privacy Framework, should first contact Agilysys at: privacy@Agilysys.com

If, after first contacting us, there are unresolved complaints concerning our handling of personal information received in reliance on the Data Privacy Framework, you may contact one of the following regulators depending on your country of residence:

• If you are located in the EU - EU Data Protection Authorities (DPAs)
• If you are located in Switzerland - Swiss Federal Data Protection and Information Commissioner (FDPIC)
• If you are located in the UK - Information Commission Office (ICO)

In compliance with the Data Privacy Framework, we commit to cooperate and comply respectfully with the advice of the panel established by the above data protection authorities.

If you do not receive timely acknowledgment of your Data Privacy Framework-related complaint from us, or if we have not addressed your Data Privacy Framework-related complaint to your satisfaction, please visit https://www.jamsadr.com/dpf-dispute-resolution for more information or to file a complaint. The services of JAMS are provided at no cost to you.

Third-Party Applications/Websites

For your convenience, we may provide links to websites and other third-party content or services that we do not own or operate. The websites and third-party content to which we link may have separate privacy notices or policies. Please note, we have no control over the privacy practices websites, or services that we do not own. We encourage you to review the privacy policies of any third-party website or application for details about such third party’s privacy practices.

Changes To This Privacy Policy

We may change our privacy policy and practices over time. To the extent that our policy changes in a material way, the policy that was in place at the time that you submitted personal information to us will generally govern that information unless we receive your consent to the new privacy policy. Our privacy policy includes an “effective” and “last updated” date. The effective date refers to the date that the current version took effect. The last updated date refers to the date that the current version was last substantively modified. If we make a material change to our privacy notice, we will attempt to notify you through email or through a website pop-up.

Contact Information

If you have any questions, comments, or complaints concerning our privacy practices, or if you need to access this Privacy Policy in an alternative format due to having a disability, please contact us at the appropriate address below. We will attempt to respond to your requests and to provide you with additional privacy-related information.

privacy@Agilysys.com  

3655 Brookside Parkway, Ste 300 Alpharetta, GA 30022

(770)-810-7800

If you are not satisfied with our response, you may have a right to lodge a complaint with your local supervisory authority.

If you are located in Quebec, Canada, you may contact our representative, Jon Young, at privacy@Agilysys.com.. We may, at our sole discretion, ask you for information to verify you are a resident of Quebec prior to responding.

Additional Information For California Residents

California law requires us to disclose the following additional information related to our privacy practices. If you are a California resident, the following privacy disclosures apply to you in addition to the rest of the Privacy Policy.

• California Sensitive Information Disclosure. We collect the following categories of sensitive personal information (as defined under California law): Social Security number (for job applicants), racial or ethnic background (for job applicants), precise geolocation, an individual’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account. This information is collected in order to process transactions, comply with laws, manage our business, or provide you with services. Note that we do not use such information for any purposes that are not identified within the California Privacy Rights Act Section 1798.121. We do not “sell” or “share” sensitive personal information for purposes of cross-context behavioral advertising.  

Effective Date: June 14, 2024

Last Update: June 14, 2024