Privacy Statement

Agile Microsystems wants to assure that visitors to and users of Agile Microsystems sites, including the wired sites, the mobile sites, and applications whether using or not using the http://www.agilemicro.com/ sites (jointly and severally referred as the Agile Microsystems Sites), are provided with appropriate information and choice mechanisms to make and implement informed decisions on using the Agile Microsystems Sites, including but not limited to providing Personally Identifiable Information (‘PII’).

Your use of the Agile Microsystems sites indicates your consent and acknowledgement to the practices described in this Privacy Statement.

We want you to know that Agile Microsystems is committed to safeguarding your privacy online. As Agile Microsystems expands its offerings and as technology evolves, we may, from time to time, update our privacy practices to address these. Please check this page on a regular basis for updates to this Privacy Statement. THE AGILE MICROSYSTEMS SITES, AND THE PRODUCTS, SERVICES AND ADVERTISING MADE AVAILABLE THROUGH THESE SITES, MAY NOT BE APPROPRIATE FOR USE BY CHILDREN.

What We Collect About You. We collect information on the Agile Microsystems Sites during the registration process and through your use of the Agile Microsystems Sites for business purposes that will allow us to better and more efficiently serve you. Our personalization, interactive communications, online commerce and other types of services, allow us to deliver better service and content that is relevant to our user base. Some uses Agile Microsystems makes of this information are processing and verifying subscriptions, billing, and providing you with up-to-date information on the newest Agile Microsystems products. Third parties, providers, advertisers and vendors (hereinafter “Providers”) may be utilized by Agile Microsystems in conjunction with the operation of the Agile Microsystems Sites and the products, services, and advertising related to them. These Providers may also collect information.

You may be asked to provide information that personally identifies you or allows Agile Microsystems and/or its Providers to contact you. Generally this information is requested when you are asked to register for fee-based services, although some free products and services may also request or require registration. You may be asked to provide personally identifiable information such as your name, address, and email address (collectively ‘Personally Identifiable Information’ or ‘PII’), as well as select a username and password (if one is not selected for you by Agile Microsystems). You may be asked for information which is not considered PII, such as a zip/postal code and/or country of origin. As a registered subscriber or user, you may be able to download software, enter contests, order e-mail newsletters or participate in additional services. In addition to the PII obtained at registration, you may be asked for information at other times, such as when you make a purchase or register for a service on or through the Agile Microsystems Sites, when you submit a listing for a web site, or when you report a problem with one of our sites or services. However, whenever you voluntarily disclose personal information online – for example on message boards, through email, or in chat areas – that information can be collected and used by others.

In addition to the information that you may proactively provide or voluntarily disclose, your mere use of the Agile Microsystems Sites may result in the assignment of unique identifying numbers and/or codes which may be used to allow Agile Microsystems and its Providers and others who assist Agile Microsystems in the support of the Agile Microsystems Sites and the products and services offered on the Agile Microsystems Sites, including advertisers, to track a user’s web browsing movements across the internet and not just on the Agile Microsystems sites. This type of information is considered User Data (as defined below). By using the Agile Microsystems Sites, you acknowledge and consent to such activity.

To provide location-based services, Agile Microsystems and its partners and licensees utilize certain geographic tracking technologies that may collect, use, and/or share precise location data (such as GPS signals sent by a mobile device) or information that can be used to approximate a location (such as a cell ID), including the real-time geographic location of your computer or mobile device. This location data is collected anonymously in a form that does not personally identify you and is used by Agile Microsystems and its partners and licensees to provide and improve location-based products and services. By accepting Agile Microsystems’s Privacy Statement and/or by using Agile Microsystems’s products and/or services, you consent to use by Agile Microsystems and its Providers, partners and licensees of such geographic tracking technologies.

If you contact Agile Microsystems we may keep a record of that correspondence, and may further prompt you for further information, depending on the nature of the contact. We may also occasionally ask that you voluntarily participate in certain promotions, surveys or contests (‘Special Programs’), or enable automatic entry into such Special Programs via log-on entries. At such times, Agile Microsystems may disclose your PII to sponsors of the Special Program, and we may or may not describe this to you prior to transferring the data. Special Programs may also be subject to additional or different terms, or may be shared or used in a slightly different way. If different terms do apply, details of the specific terms and conditions or rules for these Special Programs may or may not be provided by posting to the Agile Microsystems Sites or upon registration for the Special Program, on a case-by-case basis, subject to Agile Microsystems’s terms For Sharing PII.

To the extent unique information, which is not in itself PII, such as personal profile, anonymous identifier(s), demographic information, behavioral information, browser identifiers, session information, device type, carrier provider, unique device ID, UUID/UDID, carrier user ID, web sites visited, IP address and traffic data, is associated with PII, then such unique information shall NOT be considered PII, but shall be considered User Data. Additionally, PII does NOT include information that is collected anonymously (i.e. without identification of the individual user) or demographic or behavioral information that is not connected to or correlated with an identified individual.

Why We Want to Know. It’s important for us to know our users. We deliver valuable products and services, We are able to accomplish this through the use of Providers, such as advertisers, to produce the income we need to operate the free areas of the Agile Microsystems Sites. Providers are like most businesses in that they want something in return for the money they spend advertising on the Agile Microsystems Sites. They may want to know how many people will see their ad, and how often. The advertising companies may use information (including or not including PII) about your visits to this and other web sites in order to provide advertisements about goods and services of interest to you. These companies may also employ, among other things, Cookies, Web Beacons, Flash Shared Objects, HTML5 Local Storage and/or HTML5 Mini Databases in furtherance of their services to Agile Microsystems.

Vendors and Third Party Providers. To make the Agile Microsystems Sites more valuable to our customers and our visitors, we may offer some products, services or features in conjunction with Providers. Many wireless products, for example, may be made available through cooperative arrangements with Providers who offer specialized products, information or services that work well with Agile Microsystems Sites, products and services. In some instances, our Providers may have the same access to your PII as we do. Their use of the information will be subject to the terms of their respective privacy policies or statements, which you may find on their websites.

We use third-party companies to serve ads when you visit the Agile Microsystems Site(s), including Google. These companies may use information about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here: (http://www.aboutads.info/choices) or here: (http://networkadvertising.org/managing/opt_out.asp); or for Google advertising, click here: (https://support.google.com/adsense/?hl=en#topic=3373519).  You may also go to the sites and policies of our Providers to find out more about technologies utilized by them in the course of providing services to the Agile Microsystems Sites.

Links to Provider Sites. Occasionally, you may seek access to certain products and/or services on the Agile Microsystems Sites that are only available through third parties, either through their own web sites or on web sites hosted by or linked to the Agile Microsystems Sties. When ordering, registering for or purchasing products or services from these Providers, you may at times be entering into an agreement with that Provider, and not with Agile Microsystems, and supplemental Provider Terms may apply. You should read and understand the Providers’ terms of use and policies before using their site or entering into agreements with them, since they may differ substantially from this Privacy Statement and other applicable Agile Microsystems terms and conditions. Agile Microsystems is not responsible for and does not endorse or accept any responsibility over the contents or use of the Provider sites, products and/or services and is not responsible for webcasting or any other form of transmission received from any linked or hosted site. You should contact our Providers directly should you have any questions or concerns relating to the terms of use and privacy policies of our Providers’ web sites. We may provide information and contact information about our Providers in this policy or on the Agile Microsystems Sites, but we take no responsibility to have a complete list of these nor to ensure that the contact information is correct or accurate. The information is provided for convenience only, but it is your responsibility to seek out and contact such entities.

Online Behavioral Advertising. The Agile Microsystems Sites may be designed to utilize Online Behavioral Advertising, data collection and use practices (OBA). This means that certain information regarding your internet viewing behaviors or practices, over periods of time and perhaps involving websites or applications which are not the Agile Microsystems Sites, may be used for the purpose of choosing advertising to display to you. If you desire to “opt-out” of this OBA process, you can use the link at http://www.aboutads.info/choices to do so. This hyperlink and process is the recommended tool for such “opt-out” provisions of the Digital Advertising Alliance Self-Regulatory Principles of Online Behavioral Advertising, to which Agile Microsystems endeavors to adhere to, as a member of the Interactive Advertising Bureau.

Google Analytics. Some or all of the Agile Microsystems Sites make use of Google Analytics Demographics and Interest Reporting. The Agile Microsystems Sites may also make use of other Google Analytics for Display Advertising features, including Remarketing, Google Display Network Impression Reporting and/or the DoubleClick Campaign Manager integration. We are required by Google to disclose the following information to you in our Privacy Statement in connection with our use of any Google Analytics for Display Advertising features on the Agile Microsystems Sites:

  • If the Agile Microsystems Sites make use of the Google Analytics for Display Advertising Remarketing feature, Agile Microsystems will use such Remarketing feature to advertise online and third party vendors, including Google, may show Agile Microsystems ads on sites across the Internet.
  • Agile Microsystems and third party vendors, including Google, may use first-party cookies (such as the Google Analytics cookies) and third party cookies (such as the DoubleClick cookie) together to (a) inform, optimize and serve ads based on a user’s past visits to the Agile Microsystems Sites, and/or (b) report how your ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to the Agile Microsystems Sites.
  • Data from Google Analytics Demographics and Interest Reporting may be utilized by Agile Microsystems to help recognize and understand user preferences, to make improvements to the Agile Microsystems Sites, to choose content and advertising to display to you, and for other business purposes that will allow Agile Microsystems to better serve you.

Cookies. The Agile Microsystems Sites may be designed to utilize cookies for optimal user performance. Cookies and other types of identifiers may also be included for purposes of collecting anonymous traffic data (e.g. how many people come to the Agile Microsystems Site(s), how often, etc.). Such cookies or identifiers may be placed by us or by third parties who perform services for us. Please check the “Help” menu in your Internet browser for information regarding how to manage your cookie preferences (or if you are using a mobile device, check the “Settings” for your browser or device). Some examples of where cookie preferences may be found and managed in your Internet browser (as of the version date of this document) are as follows: ‘Settings/Show advanced settings…/Privacy/Content settings’ (Google Chrome 25 PC); ‘Tools/Options/Privacy’ (Mozilla Firefox 15 PC); ‘Safari/Preferences/Privacy’ (Safari Mac); ‘Tools/Internet Options/Privacy/Advanced’ (Microsoft Internet Explorer 10 PC); or ‘Edit/Preferences/Receiving Files/Cookies’ (Microsoft Internet Explorer 5 Mac). Generally speaking, you may modify browser preferences to accept all cookies, be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies, you may be unable to use many of Agile Microsystems’s products and services. Some sections of the Agile Microsystems Sites may require that you log on in order to continue to use specific goods or services offered through our network, because we do not want cookies to replace security measures that you would otherwise take for yourself, your PII and your data. Some of these services include certain software applications and fee-based services, and some Internet activities that require more than an IP Address to continue.

Web Beacons. Web beacons may also be found on the Agile Microsystems Sites Web beacons are used to monitor user navigation to tailor the Agile Microsystems Sites to our subscribers or users’ preferences and enhance the site’s offerings. For a thorough description of web beacons and their uses, please click here.

Flash Shared Objects/HTML5 Local Storage/HTML5 Mini Databases. The Agile Microsystems Sites may utilize Flash Shared Objects, HTML5 Local Storage and/or HTML5 Mini Databases in conjunction with the use of the sites and the targeting of advertising to the users of the Agile Microsystems Sites. Many hand held mobile devices use these technologies in conjunction with the mobile browsers on the devices. Many mobile devices use these technologies which allow for the storage of information on the mobile devices and, in effect, allow the enhancement of internet browsing as well as other uses including but not limited to targeting advertisements. The Flash Shared Objects, HTML5 Local Storage and HTML5 Mini Databases also allow the device to track a user’s web browsing movements across the internet and not just on one particular website. Agile Microsystems and its providers may utilize one or more of these technologies and others on the Agile Microsystems Sites.

Security. Anytime a credit card is requested for processing orders through the Agile Microsystems Sites, the user transaction containing the credit card information may be encrypted using Secure Sockets Layer (SSL) technology. SSL provides strong encryption to all digital information as it crosses the Internet. While on a secure page, such as on order forms, the lock button on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to unlocked or open when you are just surfing or in other areas of the Site. To learn more about SSL, click here.

Age / Use by Minor. Agile Microsystems does not intend to collect any personally identifiable information from children through our websites. Please do not allow children under the age of 18 to provide any personally identifiable information, ask questions or participate in chat rooms related to our websites. If we are notified that a child under 18 has provided personal information, we will delete that information as soon as reasonably possible. If you become aware that a child under 18 has provided such information, please send us a detailed email at support@agilemicro.com so we can delete this information.

Password Security Access to certain portions of the Agile Microsystems Sites are password-protected so that you and only you will have access to the Site as a subscriber. It may be necessary for Agile Microsystems, its employees, contractors or Providers working on behalf of Agile Microsystems to access the Site using your subscriber information to provide you with support or to perform certain maintenance tasks. This access happens on an as-needed basis only.

Electronic Registration. When you access or install a new product or service, you may be asked to register electronically. Your registration information will be merged with any information you have already provided (‘Profile’). If you have not previously registered within the Agile Microsystems Sites, a Profile may be created for you from your product registration information. If you have not already registered by giving us your PII, you will be asked to do so to ensure that only you can access the product or services. Upon satisfactory completion of your registration information, Agile Microsystems authorizes users to access and use the Agile Microsystems Sites and its products and services subject to the Terms and Conditions on the Agile Microsystems.com website (or if different, the Agile Microsystems terms and conditions applicable to the particular product or service you are using) and this Privacy Statement. User shall maintain the confidentiality of any user name and password. If there is a breach of the confidentiality of a password or user name assigned to user, or any breach of security through user’s account, then user shall so notify Agile Microsystems’s customer assistance center immediately by contacting Agile Microsystems at support@agilemicro.com.

TERMS FOR SHARING PERSONALLY IDENTIFIABLE INFORMATION

In special circumstances, Agile Microsystems may opt to access or disclose PII when there is reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the Terms and Conditions on the Agile Microsystems.com website, this Privacy Statement, any applicable End User License Agreement, Provider or Subscription Terms or other applicable terms, or when there is reason to believe an individual may be violating the law or causing injury to or interference with (either intentionally or unintentionally) Agile Microsystems’s rights or property, other Agile Microsystems Site users, or anyone else that could be harmed by such activities. Agile Microsystems may then opt to disclose or access PII in good faith in circumstances where the law requires it, and for administrative and other purposes that we deem necessary to maintain, service, and improve the Agile Microsystems Sites and our products and services. Agile Microsystems may also be requested to disclose PII to law enforcement authorities or as may be required by court-ordered subpoena.

From time to time, we may share data regarding the users of the Agile Microsystems Sites and the use of our services (for example, 10% of our users are within a certain specialty industry, or users who choose one type of service request a related or similar service 38% of the time, etc.), and we may also combine a user’s use and purchasing habits through the Agile Microsystems Sites and our providers’ sites to create a personalized user profile so we can tailor the Agile Microsystems Sites to our users’ preferences and enhance the site’s offerings (hereinafter ‘User Data’). There may also be other instances where Agile Microsystems has determined that sharing User Data with third parties would maximize Agile Microsystems’s ability to better serve users. Should this occur, no PII will be included in these types of statistics.

Since we use Providers to ship products or perform customized products and/or services offered or accessed through the Agile Microsystems Sites or our Providers’ sites, and a credit card processing company to bill some users for goods and services, we may need to disclose PII to complete certain business transactions. Users may also require that we bill for services via invoicing, purchase order, or through Providers, such as mobile/wireless carriers or internet storefronts. Under these circumstances, we may be required to share the user’s PII to obtain a credit report with a reporting agency or to complete the order processing to serve the user. We may request that these Providers do not retain, share, store or use PII for any secondary purposes.

Agile Microsystems is in the business of providing and hosting weather information products, services, and other related products and services as a service to our users. As such, User Data is also considered, a ‘customer list’, and as such, is a valuable asset to any company subject to legal protection and regulation under federal and state laws as a property interest. Accordingly, User Data will be subject to all customary rights and protections afforded to property owners under these laws. Such rights customarily include the right to transfer the information during the sale of assets to or merger with third parties, and to routinely share such information with affiliates of Agile Microsystems.

Excepting PII collected during the purchasing or registration process, User Data may be used by Agile Microsystems or Providers to, among other things, retrieve or create the product or service that you have requested or for such business purposes as Agile Microsystems and/or its providers may determine in their sole discretion, without resort to a reasonableness standard. Please be advised that this User Data may be stored by Agile Microsystems or its Providers as ‘preferences’ or otherwise and used without restriction. Further, all information submitted is and becomes the exclusive property of Agile Microsystems and by submitting material to Agile Microsystems, you accept responsibility for its accuracy, appropriateness and legality. Other than as set out above, you may receive notice when PII might go to third parties, and within such notice you may find the information about your opportunity to choose not to share the PII.

If for some reason you believe that Agile Microsystems has not adhered to these stated principles, please notify us at support@agilemicro.com, and we will work to determine the issue and correct the problem. Your concerns should be detailed in a communication including enough identifying information to permit someone to contact you, in case further information is required to troubleshoot your concerns. Be certain the words ‘Agile Microsystems Privacy Statement’ are included in the Subject line. Further resolution of your concerns will be governed by the terms and conditions  applicable to the Agile Microsystems Sites.

Version date: June 21, 2014