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 MGS’s 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: (a) the email addresses of users that communicate with MGS via email; and (b) information knowingly provided by the user through the Site. MGS may also use Internet cookies and other identifiers or methods of web analysis (such as Google Analytics) to gather, store, and track certain information related to your visit to and activity on the Site. If you are uncomfortable with the idea of your information being used in this way, most computer systems and web browsers offer privacy settings and options, such as disabling cookies or opting for “Do Not Track” features. MGS does not override these settings or options and encourages you to use them to enhance your choices and personalize your experiences. However, in order to access certain content, features, services, products or benefits on the Site, you may be required to provide MGS with certain information, including some types of personally identifying information such as your email, your address, and your phone number. If you do not wish to provide such information through the Site or if you opt to utilize the aforementioned privacy features of your computer system or web browser, you may be unable to obtain certain content, features, services, products or benefits of the Site.

2.   Use of Personal Data Collected. Personal information collected by MGS may be used by MGS for limited purposes, including recordkeeping, editorial and feedback purposes, content improvement, or to customize the content and layout of the Site. Personally identifying information, such as names, postal and email addresses, phone numbers, and other personal information voluntarily provided to MGS may be added to MGS’s databases and used for future contact regarding updates to the Site or new services provided by MGS. From time to time, MGS may need to contact you regarding information that you submitted to MGS. You agree that MGS may use your personal information for such contact with you. MGS may also desire to contact you for market research purposes or to provide you with marketing information that MGS believes would be of particular interest. Please contact us, as set forth in the preamble to this Privacy Policy, if you do not want to be contacted by MGS as described above.

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 parties’ 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 [email protected] 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 visitors’ 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 which visitors provide to MGS may be provided to third parties and to MGS’s affiliates, including Front Row Agile, LLC, that contract or otherwise work with MGS to provide products, information or other services that MGS believes that visitors to the Site may be interested in obtaining. Identifiable and non-identifiable visitor information and data may also 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 ([email protected]) 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 your request, MGS will provide you with a summary of any personal information retained by MGS that has been voluntarily provided by you to MGS through email, contact forms, or other online avenues. You may modify, correct, change or update your personal information by contacting us as set forth in the preamble to this Privacy Policy. Except as necessary to obtain the services or information requested, you may opt out of having your personal information, which has been voluntarily provided by you to MGS through email, contact forms, or other online avenues, prospectively retained by MGS or used by MGS for secondary purposes, by contacting MGS. This provision does not apply to collection of the type of web browser used to visit the Site or to information provided or collected that does not meet the description hereunder.

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. California Civil Code Section 1798.83 (also known as the “Shine The Light” law) permits users who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please email your request to [email protected] or write us at the address below.

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

 

By Postal Mail: 1140 US Hwy 287 Suite 400-108 Broomfield, CO 80020

By E-mail: [email protected]

This Agreement is effective on: February 7th, 2017

This page was last modified on: February 7, 2017


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