Agilysys recognizes that the EEA, the UK, and Switzerland have established strict protections regarding the handling of Personal Data, including requirements to provide adequate protection for Personal Data transferred outside of each respective territory. To provide adequate protection for certain Personal Data about customers, their guests, job applicants, and employees received in the US from the EEA, the UK, and Switzerland, Agilysys has elected to self-certify to the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework administered by the US Department of Commerce (“Privacy Shield”).
For purposes of enforcing compliance, Agilysys is subject to the investigatory and enforcement authority of the US Federal Trade Commission. For more information about the Privacy Shield, see the US Department of Commerce’s Privacy Shield website located at: https://www.privacyshield.gov.
Generally, the type of Personal Data collected and method of processing depends on our relationship to you. We process Personal Data of: 1) our customers’ guests; 2) our customers’ employees, agents and vendors; and 3) Agilysys job applicants and employees.
Agilysys processes guest and other customer Personal Data according to a contract between Agilysys and our customers. The contract specifies which products the customer uses and how guest and other customer Personal Data will be processed within those products. The Personal Data processed by Agilysys is specific to each product and product configuration. Many of our product configurations – for example, software products running on hardware located at a customer’s location – rarely, if ever, involve processing of guest or other customer Personal Data by Agilysys. Guest and other customer Personal Data captured by products in the last twelve (12) months includes:
DataMagine – DataMagine is used in a wide variety of applications, many of which involve the processing of Personal Data. For example, DataMagine can be used to manage electronic waivers of liability in connection with guest experiences, and such application may capture guest name, address, phone, room number and identification/passport numbers.
Besides our commercial products, Agilysys also processes some customer employee Personal Data used to support the specific relationship between Agilysys and its customers. This includes: name, work address, work e-mail, work phone, and potentially personal phone number.
Agilysys processes Personal Data and certain types of Sensitive Personal Data submitted by job applicants and employees in the course of their application/employment. This includes, but is not limited to: name, contact information, identification numbers, banking information, gender and ethnic information, marital status, health information, criminal history, and employment history. Agilysys cooperates with EU data protection authorities (“DPAs”) and complies with the advice given by such authorities with regard to human resources data transferred from the EU in the context of the employment relationship.
Agilysys also processes all of the above Personal Data and/or Sensitive Personal Data for any other legally permissible purpose, including but not limited to: legal compliance, protection of individuals’ vital interests, and, rarely, if Agilysys’s legitimate interests outweigh the fundamental rights of the data subject. Agilysys will only process Personal Data and/or Sensitive Personal Data in ways that are compatible with the purpose that Agilysys collected it for, or for purposes the individual later authorizes. Before we use any Personal Data or Sensitive Personal Data for a purpose that is materially different than the purpose we collected it for or that was later authorized, we will provide the opportunity to opt out. Agilysys maintains reasonable procedures to help ensure that Personal Data and Sensitive Personal Data is reliable for its intended use, accurate, complete, and current.
We may transfer Personal Data to our third-party agents or service providers who perform functions on our behalf. Where required, we enter into written agreements with those third-party agents and service providers requiring them to provide the same level of protection to which We are subject, and limiting their use of the data to the specified services provided on our behalf. We take reasonable and appropriate steps to ensure that third-party agents and service providers process Personal Data in accordance with our obligations and to stop and remediate any unauthorized processing. Under certain circumstances, we may remain liable for the acts of our third-party agents or service providers who perform services on our behalf for their handling of Personal Data that we transfer to them.
Our customers can use our products to transfer data, including Personal Data, to their third party service providers. Such transfers are governed by data processing agreements between our customer and those third parties. We have not sold any Personal Data in the last twelve (12) months.
Under certain circumstances, we may be required to disclose your Personal Data in response to valid requests by public authorities, including to meet national security or law enforcement requirements.
Agilysys maintains reasonable and appropriate security measures to protect Personal Data from loss, misuse, unauthorized access, disclosure, alteration, or destruction.
You may have the right to 1) request disclosure of Agilysys’s data collection and sales practices in connection with the processing of Personal data; 2) request a copy of your Personal Data collected in the twelve (12) months prior to your request (up to twice per year); 3) access the Personal Data that we hold about you; 4) request that we correct, amend, or delete it if it is inaccurate or processed in violation of the law; and 5) not to be discriminated against because of your request. These rights may not apply in some cases, including where providing access is unreasonably burdensome or expensive under the circumstances or where it would violate the rights of someone other than the individual requesting access. If you would like to any of the aforementioned rights, you can submit a written request to the contact information provided below. We may request specific information from you to confirm your identity. In some circumstances we may charge a reasonable fee for access to your information.
You can direct any questions or complaints about the use or disclosure of your Personal Data to us at email@example.com or on our web form at https://info.agilysys.com/GDPR-CCPA. We will investigate and attempt to resolve any complaints or disputes regarding the use or disclosure of your Personal Data within 30 days of receiving your complaint. For any unresolved complaints, we have agreed to cooperate with JAMS. If you are unsatisfied with the resolution of your complaint, you may contact JAMS at https://www.jamsadr.com/file-an-eu-us-privacy-shield-claim for further information and assistance.
You may have the option to select binding arbitration for the resolution of your complaint under certain circumstances, provided you have taken the following steps: (1) raised your compliant directly with JAMS and provided us the opportunity to resolve the issue; (2) made use of the independent dispute resolution mechanism identified above; and (3) raised the issue through the relevant data protection authority and allowed the US Department of Commerce an opportunity to resolve the complaint at no cost to you.
We reserve the right to amend this Policy from time to time consistent with our legal obligations.
Effective Date: August 2019
Last modified: February 2020