Privacy Policy

Email Privacy and SPAM Policy and Agreement to Terms

AgilQuest Corporation (“AgilQuest”) is committed to protecting any personal information provided to it by means of this web site. This policy explains how AgilQuest uses that information and protects it from misuse. AgilQuest reviews and updates this Privacy Policy from time to time as needed. AgilQuest does not give notice of changes because it has no practical way to do so. Users of this site should review the terms of this policy before providing any personal information in order to assure that they are aware of AgilQuest’s current privacy policy as of the time that they provide the information. Use of this website constitutes acknowledgment of receipt of this information and consent by the user to collection and use of personal information in the manner permitted by this policy, and further constitutes agreement to the terms set forth in this policy.

Information Collected

Users can visit this website without providing any personal information. Personal information such as a name and e-mail address may be required in order to access certain interactive elements of the website, but all personal information is provided by users on a voluntary basis. The only personal information a cookie can contain is the information that the user provides. Users can set most web browsers to refuse all cookies or to warn before the browser accepts a cookie. Most of the features of this website can be accessed without accepting a cookie. AgilQuest may track how users use the site, including such information as the number of times a user visits the site, the number of visitors to the site, and the pages viewed. If we send you e-mail, such as through an electronic newsletter, AgilQuest may collect information concerning what you do with the e-mail, including such information as date and time of opening and use of links. Much of the information collected about use of the site or about e-mails it sends is not linked to particular users, but some of it may be linked to the organization from which the user accessed the site or e-mail.

AgilQuest does not use cookies to collect information from individuals who indicate that they wish to opt out of this data collection, or form individuals who have not affirmatively indicated their consent to the use of cookies where the law requires such consent.

Limitation to Use by Persons 18 Years Old or Older. This site is intended for use by individuals who are at least 18 years old. AgilQuest does not knowingly accept information from persons under the age of 18. Do not submit any user information if you are less than 18 years of age.
Location of Information. Personal information collected on our websites may be stored and processed in the United States or any other country in which AgilQuest or its service providers may store data. By using our websites, you consent to any such transfer of information outside of your country.

Use Of User Information

AgilQuest uses information it collects about users to:

a. improve website content or to tailor to the website experience to better suit the interests of the user;
b. provide users who provide contact information with information about new product and service offerings as they become available;
c. keep track of the domains from which users visit the site;
d. prepare aggregate information about users of the site and use of the site; and
e. protect AgilQuest’s rights.

If you decide that we should not use your personal User Information to contact you, please let us know and we will not use that information for such purpose.

Disclosure Of User Information

AgilQuest does not sell, trade or transfer any personal information provided by users of the site to any third parties other than (i) entities with which AgilQuest has a business relationship that need to have such information in order to provided services to AgilQuest, or that offer products or services that AgilQuest believes may be of interest to you; (ii) in order to respond to a requirement of law (iii) in order to enforce AgilQuest’s rights if a user violates the Terms of Use applicable to this Website. AgilQuest may also provide user data on an aggregate basis that does not specifically identify any particular user. This website may be connected by links to or from other websites. AgilQuest is not responsible for the privacy policies or practices of any such website.

Disclosure for other reasons

We may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to comply with legal requirements or with legal process served on us, to protect and defend our rights or property, or in urgent circumstances to protect the personal safety of any individual.. If we were to sell all or part of our business, we might transfer your information to the purchaser.

Opportunity To Review And Correct User Information

Any user of AgilQuest’s website can request a review of information AgilQuest has collected about the user by means of the website, and right to correct or have such data removed. Such a request can be made by e-mail through the contact link on the website. AgilQuest will correct user information determined to be inaccurate. To access this information contact marketing@agilquest.com.

Rules Concerning Your Posting of Communications or Other Material

You should also be aware that when any personal information, or any other information or statement voluntarily made or disclosed by you in a blog, discussion forum or any other public area that may be made available on this site, it can be collected and used by third parties and may result in unsolicited message from third parties. Such activities are beyond our control and this policy does not apply to such information. If you do not want any comments you make or information you provide to be viewed by third parties, do not submit such information in any public area of this website.

You acknowledge that AgilQuest has no obligation to you with respect to any material posted by others, either for the accuracy of the material or otherwise. We may, at our discretion, disclose the identity of any person who posts anything on this site to any other person as we believe appropriate or necessary to comply with any applicable law or regulation or otherwise protect our rights or the rights of others.

AgilQuest may establish limits concerning use of the services available on this site, including, without limitation, the number of days that uploaded content will be retained, the number of times you may access the Site in any given period of time and the duration for you which may access the Site, and may change such limits at any time.

User Obligations

You agree that you will: (i) obey the law in connection with your use of this site, including, without limitation, export laws and regulations applicable to you; (ii) obey any codes of conduct or other notices that we from time to time post on the Site; (iii) keep confidential any account password that may be created for your use of this site; (iv) not post on the site or any blog to which it is linked anything, or otherwise distribute by means of the Site any material, that is infringing, libelous, defamatory, obscene, abusive, offensive or otherwise violates any law or right of any third party; (v) accurately identify yourself as the author or provider of any information you post on, or transfer by means of, this site; (vi) not use any portion of this site as a destination linked from any unsolicited bulk messages or unsolicited commercial messages; (vii) not use any automated process or service to access and/or use this site (such as, but not limited to, a BOT or spider); or (viii) not take any action intended to disable or impair the Site or interfere with the use of the Site by any party or to harm AgilQuest or any other party.

You will indemnify and hold AgilQuest, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorney’s fees, for may claim or demand made by any third party due to or arising out of your access to, or use of, the Site or violation of any of these Terms of Use.

Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement

Any person who believes that such person’s copyright has been infringed, or that such person’s intellectual property rights have otherwise been violated, through this site should promptly send the following information to AgilQuest’s Designated Agent identified below: (i) an electronic or physical signature of the owner or other person authorized to act on behalf of the owner of the interest infringed or otherwise violated; (ii) identification of the copyrighted work or other intellectual property claimed to have been infringed or violated, or a representative list if multiple works are claimed to have been infringed or violated; (iii) a description of the material claimed to be infringing or otherwise violating the copyright(s) or intellectual property rights, and sufficient information to allow AgilQuest to locate such material on the Site; (iv) the name, address, telephone number and, if available, e-mail address of the complaining person; (v) a statement by the complaining person that such person has a good faith belief that the disputed use is not authorized by the owner of the violated intellectual property right, the owner’s agent or the law, and (vi) a statement by the complaining person that the information submitted is accurate and, under penalty of perjury, that the complaining person is the owner, or authorized to act on behalf the owner.

AgilQuest’s Designated Agent for this purpose is: Matthew D. Fahy, Executive Vice President and Chief Financial Officer, AgilQuest Corporation, 9407 Hull Street Road, Richmond, VA 23236.

Security

AgilQuest uses a variety of security technologies and procedures to help protect personal information about website users from unauthorized access, use, or disclosure. Those technologies and procedures change from time to time to conform with what we believe to be the most effective appropriate means of protection.

Specific Disclosures for the European Economic Area

This section is effective on May 25, 2018.
This section applies to data processing activities of data subjects residing in the European Economic Area as well as, regardless of residence, to the processing of any Personal Data in the European Economic Area.

  • “Personal Data,” for purposes of this section, means any information relating to an identified or identifiable natural person (‘data subject’). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
  • “Services” means any of our products, services, or deliverables.
  • “Site” means any website operated and controlled by us.

How we collect and use personal data

We describe how we collect and use Personal Data in the Information Collected section of the Privacy Notice. The Information Collected section is expressly incorporated by reference herein.

How we disclose personal data

Our disclosure is limited to circumstances where we are permitted to do so under applicable European and national data protection laws and regulations. A list of companies with whom we share data for purposes of marketing our Services to potential and existing customers is available here:

  • Eloqua
  • Salesforce

Legal Basis for processing

We collect and process your Personal Data for a variety of different purposes which are set out in further detail in this section.

In some cases, we will ask for your consent so that we may process your Personal Data. However, in certain circumstances, applicable data protection laws allow us to process your Personal Data without needing to obtain your consent.

Processing Personal Data Where Consent Not Required

In certain cases, separate consent is not required, including:

For the execution of a contract.

To perform our contractual obligations to you, including our fulfilling orders or purchases you have made, contacting you in relation to any issues with your order or use of our Services, in relation to the provision of our Services, or where we need to provide your Personal Data to our service providers related to the provision of the Services, including for license activation and management.

To comply with legal obligations.

To comply with laws, regulators, court orders, or other legal obligations, or pursuant to legal process.

Legitimate Interests.

To operate our business and provide our Services (other than in performing our contractual obligations to you) for our “legitimate interests” and for the purposes of applicable law, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Legitimate interests may include:

  • To communicate with you regarding the Services, including to provide you important notices and to address and respond to your requests, inquiries, and complaints.
  • For our direct marketing purposes.
  • To send you surveys in connection with our Services.
  • To assist in the investigation of suspected illegal or wrongful activity, and to protect and defend our rights and property, or the rights or safety of third parties.
  • To develop, provide, and improve our Services.
  • To enforce our License Agreements, this Privacy Notice, or agreements with third parties.

Consent for Processing

In cases where we are not already authorized to process the Personal Data under applicable law, we may ask for your consent to process your Personal Data, including:

Marketing

We may ask for your consent for [Client Name] or our partners or vendors to contact you by telephone, SMS, post and/or email about other offers, products, promotions, developments or Services which we think may be of interest to you and for other marketing purposes.

Use of Cookies

Our Site uses cookies and similar technologies to improve user experience and for analytics. We also use cookies and similar technologies for purposes of marketing and advertising, including interest-based advertising. For more information on interest-based advertising, see section 3 (Interest-Based Advertising). In those jurisdictions that require it, we allow the data subject to give explicit permission or to deny the use of certain categories of cookies.

A “cookie” is a small file that a web server stores in browser software. A browser sends cookies to a server when the browser makes a connection to the server. The purpose of cookies is to remember the browser over time and distinguish one browser instance from all others. Some cookies and other technologies may serve to track Personal Data previously entered by a web user on our site. Most browsers allow you to control cookies, including whether or not to accept them, and how to remove them. Cookies can remember login information, preferences, and similar information.

Cookies, as well as other tracking technologies such as HTML5 local storage, and Local Shared Objects (such as “Flash” cookies), and similar mechanisms, may record information such as a unique identifier, information you enter in a form, IP address, and other categories of data.

We also use web beacons or “pixels,” and in certain circumstances may collect IP address, screen resolution and browser software and operating system types; clickstream patterns; dates and times that our site is accessed, and other categories of data.

If you want to block the use and saving of cookies from the Site on to their computers hard drive, you should take the necessary steps within your web browser’s settings to block all cookies from the Site and its external serving vendors, or use the cookie control system, which, if available upon your first visit, will be linked here. Please note that if you choose to erase or block your cookies, certain parts of our Site may not function correctly. For information on how to disable cookies, refer to your browser’s documentation.

Interest-based Advertising

Interest-based advertising is advertising that is targeted to you based on your web browsing and app usage over time and across websites or apps. You have the option to restrict the use of information for interest-based advertising and to opt-out of receiving interest-based ads. Depending on from where you access our Site, you may also be asked to consent to our use of cookies, including advertising cookies.

Opting out does not mean that you will no longer receive advertising from us, or when you use the Internet. It just means that the data collected from our website will not be used for interest-based advertising and that the advertising you see displayed on websites will not be customized to your interests.

WITHDRAWING YOUR CONSENT

You may at any time withdraw the consent you provide for the processing of your Personal Data for the purposes set forth in this Privacy Notice by updating your settings through the link at the top of this page or by emailing us at solutions@agilquest.com, provided that we are not required by applicable law or professional standards to retain such information.

If you want to stop receiving future marketing messages and materials, you can do so by clicking the “unsubscribe” link included in our email marketing messages or by emailing us at marketing@agilquest.com.

Data Subject Rights

You have the right in certain circumstances to request confirmation from us as to whether or not we are processing your Personal Data. Where we are processing your Personal Data, you also have the right to request access to, modification of, or deletion of such Personal Data.

You also have the right in certain circumstances to receive the Personal Data concerning you that you provided to us, to restrict processing of your Personal Data, or to transmit such data to another controller.

To exercise your rights with respect to your Personal Data, please email us at solutions@agilquest.com. As permitted by law, certain data elements may not be subject to access, modification, portability, restriction, and/or deletion. Furthermore, where permissible, we may charge for this service. We will respond to reasonable requests as soon as practicable and as required by law.

De-identified or anonymized data

We may create de-identified or anonymous data from Personal Data by removing data components (such as your name, email address, or linkable tracking ID) that make the data personally identifiable to you or through obfuscation or through other means. Our use of anonymized data is not subject to this Privacy Notice.

Data Retention

We will retain your Personal Data for as long as long as you maintain an account or subscription agreement or as otherwise necessary to provide you the Services. We will also retain your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Right to lodge a complaint with a supervisory authority

You may have a right to lodge a complaint with a supervisory authority.

General Provisions

This Site is controlled by AgilQuest from its offices in Richmond, Virginia, United States of America. By accessing this Site you agree that the laws of the Commonwealth of Virginia apply to this Site, these Terms of Use, and all matters arising under either of them, without regard to the choice of laws principles of the Commonwealth of Virginia. You and AgilQuest submit to the exclusive, personal jurisdiction and venue in the federal or state court of competent jurisdiction found within the boundaries of the United States District Court for the Eastern District of Virginia, Richmond Division.

Any notice required or allowed to be delivered hereunder shall be made by e-mail, regular mail, or nationally recognized courier. Notices to AgilQuest must be sent to the attention of Chief Financial Officer at 9407 Hull Street Road, Richmond, VA 23236 if by e-mail through the Contact Us section of this web site Notices to you may be sent to the e-mail address or other address supplied by you to AgilQuest or to any other address at which you may be located. In addition, AgilQuest may broadcast notices or messages to its users generally through this site, and such notices shall constitute notice to you.

Should any term or provision of this Agreement be finally determined by a court of competent jurisdiction to be void, invalid, unenforceable or contrary to law or equity, the offending term shall be modified and limited (or if strictly necessary, deleted) only to the extent required to conform to the requirements of law and the remainder of this Agreement (or, as the case may be, the application of such provisions to other circumstances) shall not be affected thereby but rather shall be enforced to the greatest extent permitted by law.

This Privacy Policy comprises the entire agreement between you and AgilQuest relating to the Site and supersede all prior agreements and understandings, written or oral related to the Site.

This Privacy Policy cannot be amended or modified by any other document.

Any action brought by you against AgilQuest in connection with this Site must be brought within one year after the cause of action arose or shall be deemed forever waived and barred.

You and AgilQuest each waive trial by jury in any action, proceeding or counterclaim brought by either of us against the other.

In any action to enforce the Privacy Policy the prevailing party will be entitled to costs and attorneys’ fees.

No failure by AgilQuest to enforce or exercise any provision of this Privacy Policy shall be deemed to constitute a waiver of that right or provision.

Last updated June 2018