Privacy Policy | Agital
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Privacy Policy

PRIVACY POLICY

Effective Date: September 7th, 2023

Introduction

Agital Holdings, LLC (“Agital” or “We”) respects your privacy and is committed to protecting it through compliance with applicable law and this policy.

This policy describes the types of information we may collect from you, or that you may provide when you visit our website www.Agital.com, and those of our affiliates (www.exclusiveconcepts.com, www.highnoon.co, www.req.co, www.ekcreative.com) (the “Websites”), or use applications we provide to you that are hosted on the Website, data, services, information, tools, functionality, updates and similar materials (collectively, the “Service”), including but not limited to Agital ImpactTM.

This policy applies to information we collect:

  • On the Websites;
  • In email, text, and other electronic messages between you and these Websites;
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy;
  • When our applications or Web Beacons are installed or used on our clients’ websites;
  • That we otherwise collect from you; and
  • From third parties.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Service. By accessing or using the Service, you agree to the terms of this privacy policy, and hereby consent to allow us to process your information in accordance with these terms. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of these Websites after we make changes, or other form of legal acceptance, is deemed to be acceptance of those changes, so please check the policy periodically for updates. Please also refer to our terms of service, available at www.agital.com/terms-conditions, (“Terms of Service”) which are incorporated as if fully recited herein. Terms defined in the Terms of Service that are not defined herein shall have the same definition as in the Terms of Service.

Territoriality

Regardless of where our servers are located, your personal data may be processed by us in the United States, where data protection and privacy regulations may or may not be to the same level of protection as in other parts of the world. BY VISITING THE WEBSITE AND USING THE SERVICE, YOU UNEQUIVOCALLY AND UNAMBIGUOUSLY CONSENT TO THE COLLECTION AND PROCESSING IN THE UNITED STATES OF ANY INFORMATION COLLECTED OR OBTAINED BY US THROUGH VOLUNTARY SUBMISSIONS, AND, TO THE EXTENT POSSIBLE, THAT U.S. LAW GOVERNS ANY SUCH COLLECTION AND PROCESSING.

This Privacy Policy may be subject to the provisions of the EU General Data Protection Regulation (“EU GDPR”), the UK General Data Protection Regulation (“UK-GDPR”, and together with the EU GDPR, the “GDPR”), and other applicable privacy laws. Under the GDPR, Agital is a data “Controller”. If you are an individual who resides in the United Kingdom, the European Union, or Switzerland (collectively, and for the purposes of this Privacy Policy, the “EEA”), you are a “Data Subject” with certain protected privacy rights concerning your “Personal Data.”  We will take commercially reasonable steps to maintain compliance with GDPR. Your Personal Data, combined with any other information that may identify you as a person, may be referred to in this Privacy Policy as Personally Identifiable Information (collectively, “PII”).

Children Under the Age of 13

Our Websites are not intended for children under 13 years of age. No one under age 13 may provide any personal information to the Websites. We do not knowingly collect personal information from children under 13, and we comply with all applicable United States privacy laws including the GDPR, the USA’s Children’s Online Privacy Protection Act (“COPPA”), and associated Federal Trade Commission (“FTC”) rules for collecting personal information from minors. Please see the FTC’s website (www.ftc.gov) for more information. If you are under 13, do not use or provide any information the Service or on or through any of its features/register for the Service, make any purchases through the Service, use any of the interactive or public comment features of the Service or provide any information about yourself to us, including, but not limited to, your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected].

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Service (which may include our customers users), including their:

  • Contact information such as their name, postal address, e-mail address, and telephone number;
  • Employment information about you, namely, your job title;
  • Technical information collected in our logs, such information may include standard web log entries that contain your IP address, browser history, first-party cookies (session and persistent), third-party cookies, web beacons, page URL, and timestamp;
  • Non-personal information that is about you but individually does not identify you, including but not limited to browser information, opt-in/opt-out preferences, the pages accessed most frequently, how pages and features are used, the amount of money spent, the time spent on a page, when and how you use the Service, applications downloaded, search terms entered, and similar non-personal data; and/or
  • Anonymous, non-identifying and aggregate information, the date and time of any request you make, your language preference, pages you visit, the referring website(s), the website you go to immediately after visiting our Website(s), and the domain name of your Internet service provider.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the Website, or customers’ websites. Information collected automatically may include usage details, IP addresses (and the approximate geo-location(s) of such IP addresses), and information collected through cookies, web beacons, and other tracking technologies;
  • From you when you interact with the Websites, including and/or
  • From third parties, for example, our clients and business partners who use and/or supply our technology.

To the extent that we link non-personal information or anonymized information about you to your PII, we will treat such non-personal information and/or anonymized information as if it were PII under this policy.

Information Users Provide to Us

The information we collect on or through our Service may include, your (whether you are a direct user of our Service, or a user of our customers website or services):

  • Information that is provided to us directly. This includes information provided at the time of registering to use our Websites or applications, registering for a marketing offer such as a webinar, ebook, case study, or website analysis, subscribing to our service, or requesting information on other services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Websites.
  • Records and copies of correspondence (including email addresses), if you or your users contact us.
  • Responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through our Websites or share materials with other users collectively, “User Contributions”).
  • Details related to your website(s), or the users who access your website(s).

This personally and non-personally identifying information is used to help personalize the experience of users on our customers’ website(s), and to provide relevant offers, product recommendations, and promotions on our customers’ behalves through channels like email, search marketing, and social marketing. This information is also used to enhance the effectiveness of our customers’ websites to generate more traffic, convert more customers, and to generate more sales from existing downstream customers. We may also anonymize this data and use it freely, including, but not limited to, improve our general know-how and offerings. Our use of this information may change from time to time.

Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Websites with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Websites, we may use automatic data collection technologies to collect certain information about your needs, browsing actions, and patterns, including:

  • Details of your visits to our Websites, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Websites.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically may include personal information, and we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Websites and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Websites according to your individual interests.
  • Customize future promotions and outreach to you.
  • Recognize you when you return to our Websites.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Websites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Websites.
  • Flash Cookies. Certain features of our Websites may use local shared objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Websites. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
  • Web Beacons. Pages of our the Websites and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Agital, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

We may tie this information to personal information about you that we collect from other sources or you provide to us.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Websites are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.  Although it may be possible to turn off the collection of cookies through your device or browser, certain features of the Service may not function properly without the aid of cookies.

Our Websites use Google Analytics, provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 (“Google”).  Google Analytics uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends.  Google Analytics may collect information regarding the use of other websites, apps and online resources.  For more information on how Google uses data when you use our Websites, please follow this link: https://policies.google.com/technologies/partner-sites.  You may be able to opt-out of some or all of Google Analytics features by downloading the Google Analytics opt-out browser add-on, available at, https://tools.google.com/dlpage/gaoptout.  For more information about interest-based ads, or to opt-out of having your web browsing information used for behavioral advertising purposes, please visit http://optout.aboutads.info.

Do Not Track. At present, none of our Websites specifically respond to browser do-not-track signals.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Service and its contents to you.
  • To personalize user experiences and understand how our users as a group use the services and resources provided on our Websites.
  • To improve our Websites and improve our Service based on the information and feedback we receive from you.
  • To improve customer service and more effectively respond to customer service requests and support needs.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To send you emails to: (a) confirm your account information and your other PII; (b) process your requests to purchase our Service; (c) provide you with information regarding the Service; (d) inform you of changes to this Privacy Policy, our Terms of Service, or our other terms, conditions, or policies; or (e) provide you with information on our other services and products, or promotions related to the Service or our other services and products.
  • To provide you with notices about your account/subscription, including expiration and renewal notices.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Service or any products or services we offer or provide though it.
  • To allow you to participate in interactive features on our Websites.
  • To provide you with marketing and sales-related offers.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

We may also use your information to contact you about our own and third-party goods and services that may be of interest to you.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

We may use any anonymous, aggregate information, which may include or be based on your information, without restriction.

Disclosure of Your Information

We may disclose aggregated and/or information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep PII confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, acquisition, divestiture, restructuring, recapitalization, reorganization, dissolution, or other sale or transfer of some or all of Agital’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Agital about our Websites users is among the assets transferred.
  • To third parties to market their products or services to you if you have consented to these disclosures.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms of Service and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Agital, or our customers.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of the Service may then be inaccessible or not function properly.
  • Promotional Offers from Agital. If you do not wish to have your email address used by Agital to promote our own or third parties’ products or services, you can opt-out by checking the relevant box located on the form on which we collect your data (the registration form), or at any other time by using the opt-out preference available at the bottom of any marketing communication we send. You may also send us an email stating your request to [email protected].

Our Terms of Service identifies, and may provide links to certain third-party websites, and that you may click on our Websites or in our Service. We do not control third parties’ collection or use of your information to serve interest-based advertising and this Privacy Policy is only applicable to our Service.  Please check the privacy policies of these other websites to learn how these third parties collect, use, store and share information that you may submit to them or that they collect. You can opt-out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website, https://thenai.org/opt-out/.

Accessing and Correcting Your Information

You can request access to the personal information we have for you by contacting us as below. We will provide you with a copy of the data that we have for you. We will fulfill your request by sending your copy electronically, unless the request specifies a different method. If you believe that the personal information or personal data that we have about you is incorrect, you can contact us to update it.

If at any point you wish for us to delete your personal information or personal data, please contact us at [email protected] or by mail at Agital, Attn: Privacy, 2705 Dougherty Ferry Rd. Suite 202, St. Louis, MO 63122. For your protection, we only fulfill requests for the personal information associated with the email address that you use to send us your request, and we may need to verify your identity before fulfilling your request. We may not accommodate a request to delete information if we believe the deletion would violate any law or legal requirement or cause the information to be incorrect.

Your California Privacy Rights

  1. To the extent that the California Consumer Privacy Act of 2018, as amended, (the “CCPA”) applies to our practices with respect to PII and you currently reside in California (“Consumer”), the CCPA provides you with the following rights.
  • Identifiers.  Identifiers can be your name, mailing address, social security number, unique personal identifiers (device identifier, IP Address, cookies, beacons, pixel tags, mobile ad identifiers), account names, and similar information; We collect the identifiers from the Consumers themselves, third parties, and automatic means;
    • Personal Information Under the California Customer Records Law (Cal. Civ. Code §1798.80) (“CCRLPI”);
    • Commercial Information.  Commercial information includes records of personal property, products or services purchased, obtained or considered, or other purchased or consuming histories or tendencies;
    • Internet/Network Activity.  Internet Activity Information includes browsing history, cookies, search history and a Consumer’s interaction with a website;
    • Geolocation Data.  Such geolocation data may include GPS data;
    • Employment Information. Such employment information can include your employment history; and
    • Inferences drawn from any other category of personal information.

We collect Personal Information in the above categories from the Consumers themselves, other users of the Service, service providers and business partners, third parties, and by automatic means for the purposes described in this Privacy Policy, and as required to comply with applicable law.

  • As a Consumer, you also have the right to request that we tell you which of your Personal Information we have disclosed for a business purpose, or Sold or Shared (each as defined in the CCPA), in the previous 12 months.  In the past 12 months, and for the duration of this version of the Privacy Policy being effective we have not Sold, and will not Sell, your Personal Information.  In the previous 12 months we have Shared, and/or disclosed Personal Information falling under the following categories:
    • Identifiers; and
    • CCRLPI.

We disclose Personal Information in the preceding categories to the Consumers themselves, to other users/third parties as the Consumer may direct, service providers, third parties, and government/law enforcement agencies for the purpose it was provided/provision of Services, to comply with applicable law, and as otherwise described above in this Privacy Policy.

  • You have the right to opt-out of the Sale or Sharing (https://agital.com/do-not-sell-my-data) of your Personal Information.
  • You have the right to receive a copy of your Personal Information in a structured, commonly used, and machine-readable format so that you may take it to another provider.
  • Consumers have the right to correct any inaccurate or incomplete Personal Information.
  • You also have the right to request the deletion of the Personal Information that we have collected from you at any time, subject to certain exceptions.
  • If we were collecting sensitive Personal Information, you as a Consumer would have the right to limit our use and/or disclosure of such information to only the extent necessary to provide you with the services requested.
  • To the extent that any financial incentive is provided, Consumers have a right to know about such incentive(s).
  • In the event that you exercise one of your rights under the CCPA, you will not be discriminated by us in any way, including by the denial of goods or services, providing you a different level of goods or services, or charging you different prices or rates for the goods or services, unless the change in price is reasonably related to the value you receive from your personal information.
  • How do you exercise your rights under the CCPA?
  • Because we offer the Services exclusively online, you may submit your requests to exercise your rights under the CCPA by emailing us at [email protected], please include “Request for Privacy Information” in the subject line.
  • Before we respond to any CCPA based requests relating to your personal information, we will take steps to reasonably verify the identity of the person making the request (“Requestor”) to make sure it’s you, or your authorized agent.  We do this to this avoid disclosing your information to third parties and bad actors, not to inconvenience you in any way.  If the identity of the Requestor cannot be reasonably verified, either as the Consumer or their agent, then in order to protect that Consumer, we shall not disclose the personal information requested.
  • We will acknowledge receipt of your request, and respond substantively to it, in the timelines provided by the CCPA.
  • Shine the Light.  In addition to the CCPA, the California Shine the Light Law permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected] with “Request for California Privacy Information” in the subject line.  Please include enough detail for us to locate your file; at a minimum, your name, email, and username, if any. We will attempt to provide you with the requested information within thirty (30) days of receipt. We reserve our right not to respond to requests sent more than once in a calendar year, or requests submitted to an address other than the one posted in this notice. Please note that this law does not cover all information sharing. Our disclosure only includes information covered by the law.

Nevada Privacy Rights

If you are a Nevada resident, we do not “sell” personal information as defined in the Nevada Privacy of Information Collected on the Internet from Consumers Act as amended by Nevada Senate Bill 220. Nonetheless, you may submit a request to prohibit such sales by contacting us at [email protected]. Additional information on the categories of personal information collected and categories of personal information shared with third parties can be found in this privacy policy.  If you would like to tell us not to sell your information in the future, please email us at [email protected] with your name, postal address, telephone number, and email address with “Nevada Do Not Sell” in the subject line.

‘EEA’ Privacy Rights.

If you currently reside in the EEA, the GDPR applies to your PII and you are a Data Subject.  The GDPR requires that we, in our capacity both as a Controller and a Processor, have a legal basis to process your PII.

We process your PII under one or more of the following legal bases:

  • Processing is necessary for our legitimate interests;
  • To perform the contract that we are about to enter with you (e.g., our Terms of Service);
  • To comply with a legal obligation; and/or
  • With your consent to do so, which may be revoked at any time.

Under the GDPR, as a Data Subject you have certain rights. They are:

  • The right to be informed. This is your right to be informed about what we are processing, why, and who else the data may be passed to.
  • The right of access. This is your right to see what data about you is held by us.
  • The right to rectification. This is the right to have your data corrected or amended if what is held is incorrect in some way.
  • The right to be forgotten. This is the right to have your personal data to be deleted in the event that such data is no longer required for the purposes it was collected for, your consent for the processing of the data is withdrawn, or the data is being unlawfully processed.
  • The right to restrict processing. This is the right to ask for a temporary halt to processing of your 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. This is the right to ask for your personal data to be provided to you in a structured, commonly used, and machine-readable format.
  • The right to object. This is the right to object to further processing your personal data if such processing is inconsistent with the primary purposes for which it was collected.
  • Right in relation to automated decision making and profiling. This is the right to not be subject to a decision based solely on automated processing. The Service does not engage in automated decision making or profiling.

You can find instructions for enforcing some of these rights elsewhere in this Privacy Policy. Otherwise, if you wish to find out more about these rights, please contact us at [email protected].

Data Security, Storage, and Retention

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. 

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Service, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Websites like blog commenting sections. The information you share in public areas may be viewed by any user of the Websites.

We adopt appropriate data collection, storage, and processing practices and security measures to protect against unauthorized access, alteration, disclosure, or destruction of your personal information, username, password, transaction information, and data stored on our Service.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Websites, or the Service. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Websites.

If you are visiting the one or more of our Websites from outside of the USA, you understand that your connection will be through and to servers located in the USA, and the information you provide will be securely stored in our servers and internal systems located within the USA.

We retain and store your PII until you request us to remove it from our servers unless we are required by law to keep it for a longer period of time. We store our logs and other technical records indefinitely.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat users’ personal information, we will notify you through a notice on the Website home page. The Effective Date of the most recent revision to this privacy policy can be found at the top of the page. You are responsible for periodically visiting our Websites and this privacy policy to check for any changes.  Your continued use of the Service following our notice of changes to this privacy policy (or other form of legal acceptance) means you accept such changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

Agital Holdings, LLC.
2705 Dougherty Ferry Rd.  Suite 202
St. Louis, MO 63122

[email protected]