Agile Privacy Policy

Last updated: December 24, 2022

Agile provides a platform, including a website available at www.AgilePartners.com and related mobile applications (collectively, the "Agile Platform"), which makes available various services, including music-related tools and content (the "Services"). “Agile,” or “we” or “us” refers to Agile Partners Technologies LLC and the Agile Corporate Family in this Privacy Policy. The Agile Corporate Family means Agile’s subsidiaries, parent companies, joint ventures and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers and directors.

Agile is committed to your privacy, and in this Privacy Policy we inform you about the following:

• What information is collected from you through the Agile Platform.
• How we may use such information.
• How such information may be shared.
• How Agile protects your information.
• How you can seek to correct any inaccuracies in the information.
• How to contact Agile for privacy questions.

IMPORTANT: The Agile Platform may contain links to other services and websites operated by third-parties or may allow you to purchase or download third-party content. Any information you provide to those providers is subject to their own terms, data gathering practices and privacy policy. Our Privacy Policy does not apply to these services and websites and we are not responsible for the privacy and security practices of those services and websites. Before providing any information to a third-party provider you should review the applicable terms and policies.

This Privacy Policy is intended to provide adequate and consistent safeguards for the handling of personal information in accordance with Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (“the Directive”) and all the relevant transposing legislation of the Directive in the European Union/European Economic Area, the Swiss Federal Data Protection Act, as such laws may from time to time be amended and valid during the application of this Privacy Policy, the Privacy Shield, and any other privacy laws, regulations and principles concerning the collection, storage, use, transfer and other processing of personal data transferred from the European Economic Area or Switzerland to the United States including but not limited to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“the General Data Protection Regulation”) as of its entry into force on 25 May 2018.

1. What Information is Collected
1. Personally Identifiable Information

   We may request personally identifying information from you in a variety of contexts. In such cases, the personally identifying information we request may include your name, e-mail address, mailing address and zip code, phone number, and, where appropriate, a valid credit card number with expiration date (collectively, "Personal Information"). For example, you may provide such data to us if you: (1) complete an online registration form (e.g., registering for an account, various sign-up forms for receiving e-mail newsletters, registering for special offers, entering a contest/sweepstakes or responding to a survey); (2) fill out an order form to request information; (3) register to participate in message boards and chat rooms (if any) and other community features; or (4) purchase any products or services from us or another Agile Corporate Family business.

   Agile may also collect Personal Information from you to the extent any feedback, recommendations, and/or suggestions provided by you with respect to the Services contain any Personal Information, we will collect such information. In the event that you contact Agile for customer support, we may also request that you provide Personal Information relevant to the support requested by you. You are under no obligation to provide such information, but Agile cannot guarantee that we can provide the customer support requested in the event that relevant information related to the use of the Agile Platform or Services is withheld.

   If you access any of our Services on a third-party social network like Facebook, Agile receives certain information about you from the social network automatically. The information we receive depends on the Services, the social network, and your privacy settings and your friends’ privacy settings on that social network.

   For example, Agile may collect and store some or all of the following information provided by the social network:

   • your first and last name;
   • your profile picture or its URL;
   • your social network ID number (like your Facebook ID number), which is linked to publicly-available information like your name and profile photo;
   • the social network ID numbers and other public data for your friends;
   • the login e-mail you provided to that social network when you registered with it;
   • your physical location and that of the devices you use to access our Services;
   • your gender;
   • your birthday and/or age range;
   • other publicly-available information on the social network; and/or
   • any other information that you or the social networks share with Agile.
   
   

   If you access our Services from a third-party social network, you should also read that social network’s terms of service and privacy policy.

2. Non-personal Identifying Information

   When you access a Service, certain non-personally identifying information is recorded automatically by the standard operation of our Internet servers. Information such as the type of browser being used, its operating system, and your computer's Internet Protocol ("IP") address (a number that your Internet service provider assigns to your computer whenever you surf the Internet). If you access our Service from a mobile or other device, we may collect information for that device (including operating system, browser, type of device).

3. Other information
   • Log Data: Agile may automatically collect non-personally identifiable information about your hardware type, language and country, how many times an app is used, how much time is spent in that app, and other information about the usage of the app (collectively "Log Data"). Agile may analyze Log Data to understand your usage of the Services, such as the information that you input, the choices that you make, and the screens that you view when you use the Services. We use Flurry Analytics to collect, monitor and analyze Log Data in order to increase the Services' functionality and user-friendliness, and to better tailor our Services to our users’ needs. Accordingly, Log Data is shared with Flurry, which has its own privacy policy (accessible at: https://policies.oath.com/us/en/oath/privacy/index.html) addressing how Flurry uses such information. You may opt out of Flurry Analytics tracking and personalized ads/recommendations from Flurry by clicking here. Please note that the opt-out is specific to Flurry activities and does not affect the activities of other ad networks or analytics providers.
   • Cookies: The Agile Platform uses "cookies" to help personalize your online experience. A cookie is a small data file that is placed on your hard disk by a web page server. Cookies are not used to run programs or deliver viruses to your computer. Agile cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
   
   

   One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you register with Agile, a cookie helps Agile to recall your specific information on subsequent visits. By setting a cookie on the Agile Platform, you will not have to log in a password more than once, thereby saving time.

   Using cookies simplifies the process of recording your Personal Information. When you return to the same Agile site, the information you previously provided can be retrieved, so you can easily use the Agile features that you customized. You can choose whether to accept cookies by changing the settings of your browser. You can reset your browser to refuse all cookies or allow your browser to show you when a cookie is being sent. If you reject the cookies on the Agile Platform, you may still be able to use the Agile Platform, but its functionality may be limited.

2. How Information is Used

We will not sell, share, transfer or rent any Personal Information to others except as disclosed in this Privacy Policy.

Agile collects and uses your Personal Information to operate the Agile Platform and deliver the Services. We may send you certain communications relating to the Services, such as service announcements and administrative messages. Since these messages are sent to you to provide the Services, you will not have the opportunity to opt-out of receiving them unless you cease using the Services.

We may use your Personal Information and other non-personally identifying information we collect to update you about our products or services or to contact you about exciting offers of new products or services that we believe may be of interest to you. You may opt-out of these messages by following the procedure described below under the “Opt-Out” section.

Agile keeps track of the websites and pages you visit within the Agile Platform, what features and content you use, and how frequently. This information may be used by Agile to maintain and improve the content, design, usability, and quality of the Services; to improve your user experience; to generate and provide statistics regarding use of the Agile Platform and the Services; to deliver customized content and advertising within the Agile Platform to users whose behavior indicates that they are interested in a particular subject area, and to develop new products and services.

When you purchase products or services from Agile we will use your Personal Information to fulfill your order and for customer service.

Your Personal Information may be stored on the Agile cloud in order to provide interoperability of the Services among your devices.

3. How Information May be Shared

Agile does not rent, sell, or share Personal Information with third-parties except to provide products or services that you have requested, or when Agile has your permission, or under the following circumstances:

• Aggregated Information: Agile may share aggregated, de-identified information, including Log Data, with third-parties for industry analysis, demographic profiling, and for any other purposes for which we may use such information, including marketing purposes (subject to the ability to opt-out of receiving marketing materials as described below).
• Service Providers: We may employ third-party companies to provide customer support, perform website-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Website's features) or to assist us in analyzing how our Services are used. These third-parties may have access to your personal information to the extent required to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
• Promotional Partners and Advertisers: When you give Personal Information to Agile, we may ask you to allow us to share that data (together with non-personally identifying information you may provide) with our promotional partners and third-party advertisers. In such instances, our general practice is to ask you to "opt-in" to share such data and information on, for example, a specific promotion, registration page or sweepstakes. However, in some instances, we may ask you to "opt-out" from sharing such data and information with a given promotional partner or third-party advertiser in connection with a specific promotion, registration page or sweepstakes. If you prefer, you may give us blanket permission to share your Personal Information with all of our promotional partners and third-party advertisers. If you consent to share your Personal Information with our promotional partners and third-party advertisers, you are allowing such parties to use such Personal Information and to contact you in accordance with their own privacy policies. Conversely, you may also choose not to allow us to share your Personal Information with any other companies outside Agile by changing your preferences settings or following the procedure described below in section 8 below.



We may use your Personal Information in connection with third-party advertisers who serve ads to you while visiting the Services. These third-party advertisers may use your Personal Information (including any additional personally identifying information you may provide them directly) in order to generate advertisements about goods and services that may be of interest to you. If you would like to know more about this practice and to obtain information about how third-party advertisers use your Personal Information to select advertisements please click here.

• Contest Sponsors: When you give Personal Information to Agile in connection with a contest, we may share that data (together with non-personally identifying information you may provide) with the sponsor or sponsors of such contest. By entering a contest, you are allowing such sponsor or sponsors to use such Personal Information and to contact you in connection with the contest and in accordance with their own privacy policies.
• Transactions: When you purchase products or services from Agile we will use your Personal Information to fulfill your order and for customer service. We will only share such information as required by companies involved in your transaction (e.g., fulfillment, billing, mailing, storage or delivery services). We will not share your credit card information with any other third-party unless that company needs the number for the fulfillment or delivery of your order. We do not rent, sell or share credit card information with promotional partners or other third-parties.
• Compelled Disclosures: Agile cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Agile or a third-party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical or legally actionable activity.
• Corporate Transactions: If we are involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via e-mail and/or a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your Personal Information.


4. Security of Your Information

We implement appropriate security measures to protect the security of your information both online and offline, and we are committed to the protection of customer information. We will take reasonable steps to ensure that your data is treated securely and in accordance with this Privacy Policy.

If you have an account registered directly with Agile, your profile information is protected by the password you use to access your Agile account. It is important that you protect and maintain your Agile account’s security and that you immediately tell us of any unauthorized use of your account. If you forget the password to your Agile account, the Service allows you to request that instructions be sent to you that explain how to reset your password. If you access our Services through a social network and your social network account is hacked, this may lead to someone playing your Agile games without your permission. So, be careful to keep your social network account information, including your social network account password, secure as well. We urge you to log out of your Agile account and any social network account you have used to access our Services after you use it.

While we take reasonable precautions against possible security breaches of our Services and our customer databases and records, no website or Internet transmission is completely secure. Although we strive to protect your personal information, we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur, we cannot guarantee the security of your information while it is being transmitted to our Service. Any transmission is at your own risk. If you have questions about the security of our websites, please contact us at privacy@agilepartners.com.

Agile uses reasonable means, including technological, administrative, and/or physical safeguards, to protect the confidentiality of your information. For instance, Agile stores your information on computer servers that are maintained in a controlled, secure environment, and Agile adopts reasonable measures to protect those servers and your information from unauthorized access, use or disclosure. Many online customers are also particularly concerned about their credit card information, for which we use secure socket layer (SSL) encryption for that data.

No method of safeguarding information is perfect, however, and Agile cannot and does not guarantee that your information will be 100% secure. It also is important for you to protect against unauthorized access to your password and to your device.

Without limiting the foregoing, Agile shall not be liable for any transfer of Personal Information that results from loss or destruction of data, corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, sabotage, terrorism or any other event beyond Agile' control.

In addition, Agile is not responsible for the confidentiality, security or distribution of your own Personal Information by our partners and third-parties outside the scope of our agreement with such partners and third-parties.

5. International Operations and Transfers Out of Switzerland and the EEA

IMPORTANT: When you use our Services, your data may be sent to the United States and possibly other countries.



As part of our international operations, we may transfer data to the Agile Corporate Family from time to time for our legitimate business purposes. For example, Agile provides certain services to the Agile Corporate Family.

We may store information about users and visitors to the Service on servers located in the United States, and we may also store this information on servers and equipment in other countries. Personal Information collected within Switzerland and the European Economic Area (“EEA”) may be transferred to, and stored at, a destination outside of Switzerland and the EEA. The data we hold may also be processed by employees operating outside of Switzerland and the EEA who work for us or one of our Affiliates or for one of our vendors. This staff may be engaged in, among other things, (i) the processing of transactions and your payment details and (ii) the provision of support services. When we transfer your Personal Information internationally we will take reasonable steps to ensure that your Personal Information is treated securely, lawfully and in the manner we describe here. Please note that laws vary from jurisdiction to jurisdiction, and so the privacy laws applicable to the places where your Personal Information is transferred to or stored, used or processed in, may be different from the privacy laws applicable to the place where you are resident.

6. How Long We Keep Your Information

How long we retain your information depends on why we collected it and how we use it. We will not retain your Personal Information for longer than is necessary for our business purposes or for legal requirements. For instance, we may retain some information for a few years after you have closed your account with us if this is necessary to meet our legal obligations or to exercise, defend or establish legal rights.

7. Opt-Out

You always have the option to receive fewer or no communications in the future from us by opting out. You may opt-out by (a) following the instructions included in the specific communication you no longer wish to receive, (b) sending an e-mail to privacy@agilepartners.com and explaining how you would like to modify your preferences, or (c) accessing your Profile page and modifying how you would like to modify your preferences.

8. Reviewing, Modifying & Deleting Personal Information

You may request access to any Personal Information maintained on you by Agile at any time by e-mailing privacy@agilepartners.com.

You may e-mail privacy@agilepartners.com to review, update, and revise your Personal Information.

If any Personal Information is inaccurate or incomplete, you may request that the data be amended. It is your responsibility to provide us with accurate Personal Information about yourself and to inform us of any changes. (e.g. new home address or change of name).

If you demonstrate that the purpose for which the data is being processed is no longer legal or appropriate, the data will be deleted, unless applicable law requires otherwise. You also have the right to request the deletion of your personal data for any reason by e-mailing privacy@agilepartners.com.

9. Our Policies Concerning Children

Our Services are not for children under the age of 13 and we do not knowingly collect any Personal Information from children under 13. Children under 13 should not use our Services at any time. If we learn that we have inadvertently gathered Personal Information from a child under 13, we will take reasonable measures to promptly remove that information from our records.

10. Obligations to Data Protection Authorities (“DPA”)

We will respond diligently and appropriately to requests from DPAs about this Policy or compliance with applicable data protection privacy laws and regulations. We will, upon request, provide DPAs with names and contact details of the individuals designated to handle this process. With regard to transfers of Personal Information, we will (i) cooperate with inquiries from the DPA responsible for the entity exporting the data and (ii) respect its decisions, consistent with applicable law and due process rights. With regard to transfers of data to third-parties, we will comply with DPAs’ decisions relating to it and cooperate with all DPAs in accordance with applicable legislation.

11. Contact Information for Privacy Questions

If you have questions about this policy or Agile's information collection, use and disclosure practices, you may contact us at 268 Bush Street, #3044, San Francisco, CA 94104 or by e-mail at privacy@agilepartners.com.

We will use reasonable efforts to respond promptly to requests, questions or concerns you may have regarding this Privacy Policy. Except where required by law, Agile cannot ensure a response to questions or comments regarding topics unrelated to this policy or Agile' privacy practices.

12. Changes to Privacy Policy

Any information that is collected is subject to the privacy policy in effect at the time such information is collected. We may, however, modify and revise this Privacy Policy from time-to-time. If we make any material changes to this policy, we will notify you of such changes by posting them on Agile or by sending you an e-mail or other notification, and we will indicate when such changes will become effective. By continuing to access or use the Agile Platform after those changes become effective, you are agreeing to be bound by the revised policy.

13. Acceptance of This Privacy Policy

By using this Service, you consent to the collection and use of your Personal Information by Agile and the Agile Corporate Family in accordance with this Privacy Policy.