Agilysys recognizes that certain locations, such as the European Economic Area (“EEA”), the United Kingdom (“UK”), Switzerland, and California, among others, 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 from the EEA, the UK, and Switzerland, Agilysys has elected to transfer Personal Data subject to the terms of the standard contractual clauses annexed to the EU Commission Decision 2010/87/EU of February 5, 2010 for the Transfer of Personal Data to Processors established in Third Countries under the Directive 95/46/EC or any successor standard contractual clauses that may be adopted pursuant to a European Union Commission decision (“EU Model Clauses”), or other binding and appropriate transfer mechanisms that provide an adequate level of protection in compliance with applicable data protection laws.
Agilysys adheres to the privacy principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, and Liability.
Personal Data is any information that relates to an identified or identifiable person. Aggregated or anonymized information does not constitute Personal Data.
Set out below is the type of Personal Data we may collect from you, and the way that data will be used. We will only use your Personal Data as described in this Policy or as disclosed to you prior to such processing taking place. You can choose not to allow us to use your Personal Data for any purpose that is incompatible with the purposes for which we originally collected it or subsequently obtained your consent. If you choose to limit the ways we can use your Personal Data, some or all of the services we offer may not be available to you.
Generally, the type of Personal Data collected and method of processing and use 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. We process Personal Data in order to provide services to our customers and employees as follows.
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:
- Agilysys Stay, rGuest Book, rGuest Express Kiosk, rGuest Express Mobile, rGuest Service, Agilysys Visual One PMS, Agilysys LMS – 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 name, guest address, telephone, email, company, loyalty programs/ids, preferences, identification/passport numbers, anniversary, and birthdate.
Agilysys InfoGenesis, IG Buy – Guest names and other information required by our customers to process POS transactions.
Agilysys Eatec, Agilysys SWS – Vendor employee names, work addresses, work email, job titles, phone and fax numbers may be captured in order to facilitate procurement.
Agilysys 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.
Agilysys Analyze – Agilysys Analyze processes data from other Agilysys products and therefore may process any of the Personal Data captured by such products.
Agilysys 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 name, guest address, telephone, email, company, loyalty programs/ids, preferences, identification/passport numbers, anniversary, and birthdate.
Agilysys DataMagine – Agilysys DataMagine is used in a wide variety of applications, many of which involve the processing of Personal Data. For example, Agilysys 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 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.
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 and uses 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 disclose or transfer your Personal Data as described below.
Within Our Corporate Organization
Agilysys is a multinational organization, with legal entities, business processes, management structures, and technical systems. Agilysys may share your personal information within the Agilysys Corporate Organization in order to provide you with the services and take actions based on your request, or to effectuate aspects of your employment.
We may transfer or disclose 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.
When you access or use our services, we may transfer your Personal Data to countries in the world where Agilysys conducts business. Such countries may be located outside of the country or jurisdiction where you are located and may have data protection laws that are less protective than the laws of the jurisdiction in which you reside. In such countries Agilysys will still handle your Personal Data in the manner described herein. If you do not want your information transferred to or processed or maintained outside of the country or jurisdiction where you are located, you should not use the services.
If you reside in the EEA, the UK or Switzerland (collectively “Europe”), we transfer your Personal Data subject to appropriate safeguards as permitted under the applicable data protection laws. Specifically, when your Personal Data is transferred out of Europe, we have the required contractual provisions for transferring personal information in place with the third parties to which your information is transferred. For such transfers, we rely on legal transfer mechanisms such as the standard contractual clauses.
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 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 exercise 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.
Should we become aware of incorrect personal information, we will take all reasonable steps to correct incorrect personal information. You may request to correct or update any of your Personal Data in our files. If you request that your information be corrected and we do not agree that it is incorrect, we may refuse to update that information. In such a scenario, we will provide written notice of our refusal to do so within 30 days and upon your request, will place a statement of what you allege is correct where your Personal Data is kept and accessed.
You can direct any questions, requests 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.
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 and (2) made use of the independent dispute resolution mechanism identified above.
We reserve the right to amend this Policy from time to time consistent with our legal obligations.
Effective Date: August 2019
Last modified: September 2021