Privacy Policy

This Policy (“Policy”) describes how Agilysys, Inc. and its subsidiaries and affiliates in the United States (“US”) (“Agilysys,” “we,” or “us”) collect, use, and disclose certain personally identifiable information that we receive in the US from the European Economic Area (“EEA”), the United Kingdom (“UK”), and Switzerland, as well as certain personally identifiable information of natural persons domiciled in California (“Personal Data”). This Policy applies to the following US affiliated entities: Agilysys NV LLC. This Policy supplements our Cookie Policy located at https://www.agilysys.com/en/Disclaimer#cookies.

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”).

Agilysys adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, and Liability. Agilysys complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union, the United Kingdom, and Switzerland to the United States. Agilysys has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

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.

Resources

• • CCPA – Our Commitment
  • CCPA – FAQs
  • GDPR – Our Commitment
  • GDPR – FAQs
  • Data Processing Agreement for Agilysys Subscription Services
  • Third Party Processor List

Personal Data Collection and Use

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.

Guest and Other Customer Data

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:

• Property Management System (PMS) products

  – rGuest Stay, rGuest Book, rGuest Express Kiosk, rGuest Express Mobile, rGuest Service, Visual One, Lodging Management System (LMS), Insight Mobile Manager – Guest names and other information required by our customers or voluntarily provided by their guests are captured during the booking process, including but not limited to: guest address, telephone, email, company, loyalty programs/ids, preferences, identification/passport numbers, anniversary, and birthdate.

• Point of Sale (POS) products

  InfoGenesis (IG), rGuest Buy – Guest names and other information required by our customers to process POS transactions.

• Inventory and Procurement products

  Eatec, Stratton Warren System (SWS) – Vendor employee names, work addresses, work email, job titles, phone and fax numbers may be captured in order to facilitate procurement.

• Payment processing solutions

  rGuest Pay – Guest name, payment card address, phone number, check-in/out dates, loyalty programs/ids, and room number may be captured in order to process transactions.

• Data analysis

  rGuest Analyze – rGuest Analyze processes data from other Agilysys products and therefore may process any of the Personal Data captured by such products.

• Table management solutions

  rGuest Seat – Guest names and other information required by our customers or voluntarily provided by their guests are captured during the reservation process, including but not limited to: guest address, telephone, email, company, loyalty programs/ids, preferences, identification/passport numbers, anniversary, and birthdate.

• Document management solutions

  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.

• All products

  All of our products may capture a variety of our customers’ employees, agents and subcontractors’ information, as configured by our customers, in order to log on and use the product, including but not limited to: employee name, user name, email, and employee identification number.

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.

Job Applicant and Employee Data

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.

Other Types of Processing

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.

Data Transfers to Third Parties

Third-Party Agents or Service Providers.

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.

Disclosures for National Security or Law Enforcement.

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.

Security

Agilysys maintains reasonable and appropriate security measures to protect Personal Data from loss, misuse, unauthorized access, disclosure, alteration, or destruction.

Access Rights

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.

Questions or Complaints

You can direct any questions or complaints about the use or disclosure of your Personal Data to us at privacy@agilysys.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.

Binding Arbitration

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.

Contact Us

If you have any questions about this Policy or would like to request access to your Personal Data, please contact us as follows: privacy@agilysys.com. or at https://info.agilysys.com/GDPR-CCPA.

Changes To This Policy

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