LAST UPDATED AUGUST 10, 2020
Changes to Policy
When you use the Services, we may collect several types of information about you and/or your use of the Services. The general categories of information include: Information you provide to us. There are numerous circumstances where you may be required or invited to provide us with personal information, such as when you create an account, request customized information, subscribe to our publications, newsletters, and other content, register for our Services, post content, enter a contest, or send us an e-mail or request. This information may include your name, e-mail address, birth date, street address, insurance provider, medical diagnosis, financial information, and other demographic information.
Information about your use of the Services. We may collect information about your use of the Services, including:
Device information. We may collect your computer or mobile device model, IP address, operating system version, browser type, language and settings, device type and settings, and other unique device identifiers.
Location information. We may collect and store your device’s source IP address, latitude/longitude tracking, which may disclose the general location of your device at the time you access the Services. Advertisements and certain content may be directed to you based on this data.
Usage information. We may collect information about the Services you use, the time, duration, and date of your use of the Services, your interaction with content offered through the Services, how you contacted the Services, and search terms used. We also collect information stored using cookies, mobile ad identifiers, and similar technologies set on your device. Our servers may automatically keep an activity log of your use of the Services.
Information from Third Parties. We may receive information about you from third parties and combine it with information we receive from or about you, including, information from social media websites or information from publicly or commercially available sources.
Type of Information Collected. We may collect two general types of information when you use the Services:
(1) Personally Identifiable Information (“PII”), which includes or may include:
• Identifiers, such as your first and last name, any alias, home or other physical address, telephone number, email address, user id, account name, unique personal or online identifier, other identifiers that permit physical or online contact with you, your education, employment history, or any financial information provided by you, or other identifiers that permit physical or online contact with you, or any information about you collected online and maintained in personally identifiable form in combination with any of the preceding categories. • Commercial information, including records of purchasing habits. • Internet or other similar network activity, including browsing history, search history or information regarding your interaction with the Products or Services. • Geolocation data. • Audio, electric, visual information provided by you. • Professional or employment-related information provided by you. • Inferences drawn from other personal information to create consumer profiles reflecting preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities or aptitudes. • You also may view or engage with our Products and its Services through third-party social networking sites or social media plug-ins and applications. When you engage with the Products and its content through such third-party sites, plug-ins or applications, we may have access to certain information from your social media profile, such as your name, photo, gender, birthday, location, videos, your list of friends, etc. This information is included in the definition of PII.
(2) Non-personally identifiable information (“non-PII”) such as the type of browser you are using, the type of operating system you are using, the web pages you have visited, sites visited before and after you visit the Products, the type of handheld or mobile device used to access the Products or other device-specific information.
How Information is Collected
We collect information both actively and passively. For example, we will collect information about you that you voluntarily provide while on the Products. In addition to information provided directly by you, we (and third parties that offer features through the Products) may collect non-PII using “cookies,” “web beacons,” or other electronic means.
• Web Beacons. We, our third-party service providers, advertisers and partners also may use “web beacons” or similar technologies. Web beacons are small strings of code placed on a web page to collect data about how visitors use the Products. For example, web beacons may be used to count the number of users who visit the Products or to deliver a cookie to the browser of a visitor to the Products. If you set your browser to turn off cookies, web beacons and similar technologies will detect your visits to the Products, but they will not associate your activity on the Products with information that otherwise would be stored in cookies. We do not control tracking technologies used by third parties on the Site.
How Information Is Used and Shared
We may use information we collect to do the following, among other things:
In order to continue to bring you the site for free, we may place advertising on our web pages. Some of these advertisements, if clicked upon, may contain cookies, collect information, such as your IP address and domain type. As explained in the section Third-Party Advertising and Third-Party Web Sites, you should consult the privacy policies of any advertisers with respect to their information gathering practices.
We may also display targeted advertisements to you based on information you have supplied to us. For instance, if you have expressed interest in a product, we may supply you with advertisements from selected marketing partners of that product. They will not, however, receive your personal information unless you volunteer it to such advertisers.
We also work with ad network partners that display ads on our Products. To improve your ad experience on the Products and elsewhere on the Internet, we may send non-personal information to our ad network partners based on your browser’s activities, such as type of pages viewed and categories of interests, so that the advertising you see is relevant to you.
Third-Party Advertising and Third-Party Web Sites
Recorded Telephone Communications
Telephone communications between You and Agibly may be recorded or monitored for quality control purposes. By providing information to us, you expressly consent to the recording of these telephone communications.
Collection of Information from Children
The Services are not directed to, or intended for use by, anyone under the age of 16. No one under the age of 16 may submit personally identifiable information. We do not knowingly collect personally identifiable information from users under the age of 16 and will delete it if made aware of such.
Disclosure of Personally Identifiable Information
WE MAY DISCLOSE PII ABOUT YOU TO A THIRD PARTY FOR COMPENSATION.
In addition, we may disclose PII and Non-PII as follows:
• For all reasons set forth above in How Information is Used and Shared. • To service providers or parties that we have engaged to perform business-related functions on our behalf. This may include service providers that conduct research and analytics, create content, provide customer, technical or operational support, conduct or support marketing, fulfill user requests, administer contests, maintain databases, send or support online or mobile advertising and otherwise support our Products and Services. • In response to legal processes such as court orders or subpoenas, law enforcement or government agency requests or similar requests. • With affiliates of Agibly so they can provide, improve and communicate with you about their own, or their marketing partners’ products and services. • In the event that Agibly is considering a sale of its business, in its entirety or a component thereof, or substantially all of its assets are acquired, or a portion thereof, Data, including PII, may be one of the transferred assets, and may therefore be used by a third-party acquirer in accordance with this Policy. Such use by a third party may include review of PII, using such PII to contact you either before or after such a transfer or sale, use or transfer of non-PII before or after such a transfer or sale, or for other purposes.
In addition, we may share your information as described below:
Our Services may include forums such as message boards, chat rooms, comment boards, and reviews that enable users to post a comment or communicate with each other. Agibly is under no obligation to moderate or edit the forums and will not be responsible for the content or use of any material posted on any forum associated with our Services. Agibly retains the right to delete at any time and for any reason any material posted within the Products. You are responsible for any content, including PII, that you contribute to be published or displayed on our Services, or that you transmit to other users of our Services.
We take information security seriously, and we use reasonable administrative, technical and physical safeguards to protect the PII we collect from unauthorized access, use or disclosure. But we have no control over the security of other websites on the Internet that you might visit even when a link may appear to those websites on our Products or through our Services. If you share your computer or use a computer that is accessed by the general public, remember to sign off and close your browser window when you have finished your session. This will help to ensure that others cannot access your PII.
Additionally, and as you are likely aware, no system can be completely secure. Therefore, although we take commercially reasonable steps to secure your information, we do not promise, and you should not expect, that your PII, searches or other communications will always remain secure. In the event of a breach of the confidentiality or security of your PII, we will notify you if reasonably possible and as reasonably necessary so that you can take appropriate protective steps. We may notify you under such circumstances using the e-mail address(es) we have on record for you. You should also take care with how you handle and disclose your PII. Please refer to the Federal Trade Commission's Web site at http://www.consumer.ftc.gov/ for information about how to protect against identity theft.
California Privacy Rights
Under California law, California residents have certain rights. The following describes how California residents may exercise those rights:
Right to Know – Information Collected and Information Sold
You may request that we disclose to you, for the twelve months preceding your request, the following: the categories of personal information we have collected about you, the categories of sources from which the personal information is collected, the business purpose for collecting or selling personal information, the categories of third parties with whom we shared your personal information, and the personal information we collected about you. To receive such information, please submit a request by email at [email protected] or write to us at: Legal Department, Agibly, Inc., 55 North 300 West, Salt Lake City, Utah 84101. You may also call us at 1-833-796-0136 and enter 141439 as the PIN. Please note, under California law, such requests can be made a maximum of twice per twelve-month period.
Right to Opt-Out
At any time, you may direct us not to sell your personal information to third parties. To opt-out, please send notice to [email protected] or Legal Department, Agibly, Inc., 55 North 300 West, Salt Lake City, Utah 84101 or call 1-833-796-0136 and enter 141439 as the PIN.
Right to Delete
You may request that we delete any personal information about you which we have collected during the preceding twelve months. To have such information, if any, deleted, please notify us at [email protected] or Legal Department, Agibly, 55 North 300 West, Salt Lake City, Utah 84101 or call 1-833-796-0136 and enter 141439 as the PIN. Once we have determined a verifiable request has been submitted, the information will be deleted. Please note, we may retain any and all information necessary for Agibly to: complete the transaction for which the personal information was collected, provide services requested by you, perform a contract between you and Agibly, detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity, debug to identify and repair errors that impair existing functionality, exercise free speech, ensure the right of another consumer to exercise his or her right of free speech or another right provided for by the law, comply with the California Electronic Communications Privacy Act, or comply with Desert Digital Media’s legal obligations.
California Do Not Track Disclosure
Certain web browsers may allow you to enable a “do not track” option that sends signals to the websites you visit indicating that you do not want your online activities tracked. This is different than blocking cookies as browsers with the “do not track” option selected may still accept cookies. Right now, there is no industry standard for how companies should respond to “do not track” signals, although one may be adopted in the future. Agibly does not respond to “do not track” signals at this time. If we do so in the future, we will modify this Policy accordingly. More information about “do not track” is available at www.allaboutdnt.org.
Special Notification for Oregon Residents — Your Oregon Privacy Rights
We will not share your referral information with a senior living facility or marketing affiliate without obtaining affirmative consent from you for each instance of sharing the information. We will not refer you to a facility in which our employees or immediate family members of our employees has an ownership interest. We will not contact you if you request in writing that we stop contacting you. We will provide you access to our records for your referral information within 30 calendar days of your request of those records. We will maintain your records for a minimum of three years after we refer you to senior living communities and are no longer receiving referral services from us. On our website, we include a link to a state agency website listing complaints concerning facilities, here.
Users from Outside the United States
The Products are hosted in the United States and are governed by U.S. law. If you are using the Products from outside the United States, please be aware that any PII you share with us will be stored and processed in the United States where we locate and operate our servers and databases. By using the Products, you consent to the storage and processing of your PII at our facilities and the facilities of those third parties with whom we share your PII as described in this Policy.
Questions concerning the Policy, including any request to review or change your PII, should be directed to [email protected]