Mountain Goat Software Privacy Policy

Welcome to the Mountain Goat Software, LLC ("MGS") website www.mountaingoatsoftware.com and its related websites and microsites (collectively, the "Site") provided to you by MGS, its affiliate and subsidiary companies ("MGS", "us" or "we"). Your privacy is important to us, and our policy is simple: MGS will collect no personally identifiable information about you when you visit the Site unless you choose to provide that information.

This Privacy Statement addresses MGSs practices regarding information collected only directly through or from the Site – it does not address or govern any information gathering, use, or dissemination practices related to information collected from the visitor (sometimes referred to as "you" or "your") other than directly through or from the Site, such as from telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media. This Privacy Statement is incorporated into MGS's Terms of Service by reference, as if set forth fully therein, which must be reviewed and accepted by you.

1.   Collection of Personal Information from Site Visitors. Please be aware that the Site is a general audience web site, not directed to children under the age of 13, and must not be used by children under 13. MGS and the Site take important measures to comply with the Children's Online Privacy Protection Act (COPPA). If you are the parent of a child under the age of 13 who you believe is accessing the Site or contributing personal information wittingly or unwittingly to MGS or the Site, please contact MGS immediately as set forth in Section 5 below, so that we may restrict access and destroy such information.

Subject to the foregoing, MGS may collect or track (1) the home server domain names, date and time of your visit, type of computer, the originating IP address, files downloaded, search engine used, operating system, and type of Web browser of visitors to the Site, (2) the e-mail addresses of visitors that communicate with MGS via e-mail, (3) information knowingly provided by the visitor in online forms, contest entries, surveys, e-mail, and other online avenues (including, without limitation, demographic and personal profile data), (4) aggregate and user-specific information regarding which pages Site visitors access.

In order for you to make a purchase on the Site, MGS may obtain financial information provided by you, including credit card number, email and billing address and such information is only retained by our payments processing vendor in order to process credit card payments to MGS, see Section 3 below.

MGS may place Internet “cookies” on your hard drive. Internet cookies are small amounts of data that contain a unique identifier that many web sites frequently send to your web browser to be stored on your computerÕs hard drive in order to save data about you, such as your name, password, user-name, screen preferences, and the pages of a site you have viewed. When you revisit the Site, MGS may recognize you by your Internet cookies and customize your experience accordingly. You may decline Internet cookies by using the appropriate feature of your Web browser software, if available.

MGS may also use Web bugs to gather, store, and track certain information related to your visit to and activity on the Site. A Web “bug” is a file object, which can be a graphic image such as a transparent one pixel-by-one pixel graphics file, which is placed on a Web page or in an e-mail message to monitor user activity. A Web bug can gather, for example, the IP address of your computer, the time the Web page was viewed, and the type of browser used.

When a visitor performs a search within the Site, MGS, without limitation, may record information identifying the visitor or linking the visitor to the search performed. MGS may also record limited information for every search request and use that information to solve technical problems with the services available directly or indirectly in connection with the Site and to calculate overall usage statistics.

2.   Use of Personal Data Collected. Personal data collected by MGS may be used by MGS for many reasons, for example, for editorial and feedback purposes, for marketing and promotional purposes, for a statistical analysis of users' behavior, for product development, for content improvement, for fulfillment of a requested transaction or record keeping, or to customize the content and layout of the Site. Aggregate data on visitors' home servers may be used for internal purposes, and individually identifying information, such as names, postal and e-mail addresses, phone numbers, and other personal information which visitors voluntarily provide to MGS may be added to MGS's databases and used for future calls and mailings regarding Site updates, new products and services, and upcoming events. The general information gathered from a visitor is used to improve the content of Site and the quality of our service, and is not shared with or sold to other organizations for commercial purposes, except if it becomes necessary to share information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the MGS Terms of Service, or as otherwise required by law.

3.   Links to Other Sites and Financial Information. The Site may also contain links to other sites or advertisements for or placed by third parties, including sites that enable you to purchase products. If you access a third party site from a link on this Site, any information you disclose on that site is not subject to this Privacy Policy. It is possible that these links may be used by third parties or others to collect personal or other information about you. MGS is not responsible for the privacy practices of such Web sites, advertisers, or third parties or the content of such sites. MGS does not control these third partiesÕ use of cookies, collection of information, or how they manage such information. The Site does not store your financial information in order for you to purchase a product. Instead, such financial information is maintained and housed by one or more third-party sites. MGS uses the services of third party payment processing centers for the purpose of processing payments made to MGS, including Shopify and Cybersource. For information regarding Shopify, Cybersource, and their respective privacy policies, contact privacy@shopify.com or Cybersource Corporation (650-965-6000). It is solely your obligation to review and understand the privacy practices and policies of these other Web sites, advertisers and any third parties.

4.   Disclosure of Personal Data to Third Parties. Personal information provided through the Site may be used and disclosed to other entities and/or business partners in the operation of the Site, in order to provide products and services requested and for marketing and promotional purposes. MGS will not sell, rent, or lease any individually identifiable information to others without your permission. Unless we have your permission or are required by law, we will only share the personal data you provide to us with other MGS entities and/or business partners who are acting on our behalf to help us provide you with our products and services. Aggregate data on visitorsÕ home servers and individually identifying information, such as names and e-mail addresses, may be provided to third parties working with MGS, such as marketing firms. Any personal information submitted by you to the Site for public posting, including testimonials and comments, may be made visible and available to MGS and/or its affiliates, licensors, visitors and customers.

Identifiable and non-identifiable visitor information and data may be disclosed or distributed to another party with which MGS enters or reasonably may enter into a corporate transaction, such as, for example, a merger, consolidation, acquisition, or asset purchase, or to a third party pursuant to a subpoena, court order, or other form of legal process, in response to a request by or on behalf of any local, state, federal, or other government agency, department, or body, whether or not pursuant to a subpoena, court order, or other form of legal process, or if determined by MGS in its sole judgment that such disclosure or distribution is appropriate to protect the life, health, or property of MGS or any other person or entity.

While MGS may undertake efforts to see that any third party to which MGS shares, rents, sells, or otherwise discloses personal data is under a contractual obligation to use the personal data solely for the purposes for which the data was disclosed, such third parties are independent third parties over which MGS exercises no control. MGS is not responsible for, and will not be liable for, the conduct, actions, omissions, or information handling or dissemination practices of third parties.

5.   Security Measures and Communicating with MGS. MGS has implemented security features that are designed to prevent the loss, misuse, alteration or unauthorized release of or access to personal information provided to us. However, the confidentiality of any communication or material transmitted to or from MGS via this Site or e-mail cannot be and is not guaranteed. In addition, you understand that the technical processing and transmission of the Site content may be transferred unencrypted and involve
(a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Accordingly, MGS is not responsible for the security of information transmitted via the Internet. Instead of communicating with MGS via e-mail (info@mountaingoatsoftware.com) or the Internet, visitors can contact MGS by regular mail at P.O. Box 165, Lafayette, Colorado 80026, or by phone at 888-61-AGILE .

6.   Comments, Notices and User Content. Any material or comments posted to any of our Web pages are public. Please refer to Sections 4 and 5 of the Terms and Conditions for further detail concerning User Content and other materials submitted to the Site. As such, MGS assumes no liability for the accuracy of such information, no duty to update or correct such information, and no liability for such communications arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

7.   Opt-Out Right. Except as necessary for MGS to provide the services, information, or products requested by a visitor, the visitor may opt out of having his or her personally identifiable information, which has been voluntarily provided to MGS through online forms, contest entries, surveys, e-mail, or another online avenue, prospectively retained by MGS, used by MGS for secondary purposes, or disclosed by MGS to third parties, by contacting MGS via postal mail, e-mail, or telephone at the addresses set out above. (This does not apply to collection of the type of Web browser of the visitor to the Site or to information provided or collected that does not meet the description in this Section 7.)

8.   Access to and Ability to Correct Personal Data.

Upon a visitor's request via postal mail, e-mail, or telephone, MGS will provide to the visitor a summary of any personally identifiable information retained by MGS regarding the visitor that has been voluntarily provided by the visitor to MGS through online forms, contest entries, surveys, e-mail, or another online avenue. A visitor may modify, correct, change or update his or her personally identifiable information by contacting MGS via postal mail, e-mail, or telephone at the addresses or numbers above.

9.   Right to Change Privacy Statement. MGS may change this Privacy Statement at any time. Notice of any new or revised Privacy Statement, as well as the location of the new or revised statement, will be posted on the Site for at least twenty (20) days after the change. It is the obligation of users returning to the Site to learn of changes to the Privacy Statement since their last visit. Any change to this Privacy Statement shall be effective as to any visitor who has visited the Site before the change was made.

10. Your California Privacy Rights. If you are a California resident, California Civil Code Section 1798.83 provides you with the right to request certain information regarding disclosure of your personal information to third parties for direct marketing purposes, including a description of the categories of personal information disclosed. In order to obtain such information, please email your request to info@mountaingoatsoftware.com or write us at the address below.

11. Contact. MGS is located in Lafayette, Colorado, U.S.A. Any questions, comments or suggestions regarding this Privacy Policy should be provided to the Administrator as follows:

By E-mail: info@mountaingoatsoftware.com

By Postal Mail: P.O. Box 165, Lafayette, Colorado 80026

This Privacy Statement is effective April 19th, 2010

Last updated: April 19th, 2010


Copyright © 2010 Mountain Goat Software, LLC; All rights reserved.

By E-mail: info@mountaingoatsoftware.com
By Postal Mail: PO Box 165, Lafayette, Colorado 80026