Scaled Agile, Inc.
Privacy Notice and Policy
Effective Date: MAY 16 2018

We at Scaled Agile have created this Privacy Notice and Policy to explain how we collect, use, disclose and otherwise process personal information in connection with operating our business.

Contact us via https://www.scaledagile.com/contact-us/ if you have questions about our Privacy Notice and Policy.

How We Collect Information 

We collect information by various means :

  • directly from you
  • from our training partners

How We Use Your Information

We use the information we collect to:

  • operate our business to meet customer needs
  • communicate about our products and services
  • maintain records regarding participation in our courses, exams, and certifications
  • analyze the use of, improve, and promote our products and services
  • comply with laws, rules and our policies

Information We Collect 

The information we collect may include:

  • contact and demographic information
  • payment information
  • username and password that you may select
  • information about participation in our courses, exams, and certifications
  • other details you choose to provide to us
  • cookies and other usage information we collect by automated means

Information Sharing                   

We may share the information we collect:

  • within our company
  • with our service providers and business partners
  • with training partners, regarding courses for which an individual registered
  • the party (such as an individual’s employer) that pays for an individual’s course, certification, or membership
  • as required by laws, rules and our policies
  • in connection with a merger, acquisition or another corporate transaction

This Privacy Notice and Policy (“Privacy Notice”) describes the privacy practices of Scaled Agile, Inc. (“Scaled Agile”, “us”, “we”, “our”). This Privacy Notice describes how we collect, use, disclose and process personal information, and explains the rights and choices available to individuals with respect to their information. Please note, this Privacy Notice does not apply to our processing of employee or contractor data.

  1. Personal Information We Collect
    1. Whose personal information we collect
    2. How we collect personal information
    3. Types Of personal information we collect
  2. Use of Personal Information
  3. Disclosure of Personal Information
  4. Cookies and Other Information Collected by Automated Means
  5. Information for Individuals in the European Economic Area and the United Kingdom
    1. Legal basis for processing personal information
    2. International data transfers
    3. EU-US Privacy Shield
  6. Online Privacy Choices
    1. Advertising networks
    2. Marketing emails
    3. Privacy preferences and rights
  7. Data Retention
  8. How We Protect Personal Information
  9. Links to Websites and Third Party Content
  10. Children’s Privacy
  11. Changes to this Privacy Notice
  12. How to Contact Us
  1. Personal Information We Collect.
    1. Whose personal information we collect

      We may collect personal information about individuals who interact with Scaled Agile, including visitors to our websites, course attendees, training partners; and about individuals who take our courses via our training partners.

    2. How we collect personal information

      We may collect personal information:

      • Directly from individuals
      • Through our websites
      • From our training partners
    3. Types of personal information we collect
    4. The types of personal information we collect include:

      • Personal and business contact information (such as name, job title and employer name, email address, mailing address, and phone number)
      • Payment information (such as credit card number, this information is processed but not stored)
      • Username and password that an individual may select in connection with establishing an account on our website
      • Information about individuals’ participation in our courses, exams, and certifications, such as information about the courses and exams an individual has taken, and certifications an individual has obtained
      • Content that individuals may choose to submit via public features of our websites, such as blogs or forums
      • Other information you provide to us (such as in emails, on phone calls, or in other correspondence with us)
  2. Use of Personal Information

    We may use personal information for the following purposes:

    • Communicate about the products and services we offer, and respond to requests, inquiries, comments, and suggestions
    • Analyze and enhance our communications and strategies (including by identifying when emails sent to you have been received and read)
    • Operate, evaluate and improve our business, our websites, and other products and services we offer (including to research and develop new products and services)
    • Maintain records regarding individuals’ participation in our courses, exams, and certifications, such as information about the courses and exams an individual has taken, and the certifications an individual has obtained
    • Tailor the content we display in our communications and on our websites
    • Administer surveys and other market research
    • Identify and engage thought leaders and external experts
    • Comply with legal or regulatory requirements, judicial process, and our company policies
    • Protect against, identify, investigate, and respond to fraud, illegal activity (such as incidents of hacking or misuse of our websites), and claims and other liabilities, including by enforcing the terms and conditions that govern the services we provide

     

    We may also aggregate and/or de-identify any information that we collect, such that the information no longer identifies any specific individual. We may use, disclose and otherwise process such information for our own legitimate business purposes – including historical and statistical analysis and business planning – without restriction.

  3. Disclosure of Personal Information.

    We disclose personal information for the purposes described in this Privacy Notice or a specific “in-time” privacy notice that we may provide at the time we collect the information.

    We may disclose personal information to:

    • Scaled Agile affiliates
    • Service providers that perform services on our behalf, including:
      • Customer service and support providers
      • Technology providers (including technology support, email and web hosting providers, marketing and advertising technology providers, and email and text communications providers)
      • Payment, shipping and fulfillment service providers
    • Scaled Agile training partners
    • The party (such as an individual’s employer) that pays for an individual’s course, certification, or membership, regarding the items for which that party paid

    Our websites may also offer features or functionality (such as blogs and forums) that enable individuals to post material publicly. The name or username that the individual provided will typically accompany the public post.

    When individuals submit testimonials and comments to us, we may publish this content on our site. With an individual’s consent, we may post the individual’s name and city alongside the testimonial or comment.

    Unless prohibited by applicable law, we reserve the right to transfer the information we maintain in the event we sell or transfer all or a portion of our business or assets. If we engage in such a sale or transfer, we will – where required by applicable law – make reasonable efforts to direct the recipient to use your personal information in a manner that is consistent with this Privacy Notice. After such a sale or transfer, you may contact the recipient with any inquiries concerning the processing of your personal information.

    In addition, we may share your information to comply with lawful requests from public authorities concerning legal and regulatory requirements, including national security and law enforcement requirements, and to protect against and prevent fraud, illegal activity (such as identifying and responding to incidents of hacking or misuse of our websites) and claims and other liabilities.

  4. Cookies and Other Information Collected by Automated Means

    We, our service providers, and our business partners, may also collect certain information about the use of our websites by automated means, such as via cookies, web beacons and other technologies (“Automated Information”). Please see our Cookies Policy for more information on cookies. We and our service providers and business partners may collect Automated Information about your online activities over time and across our own and third-party websites when you use our websites. In jurisdictions where Automated Information is considered Personal Information, or if we associate Automated Information with personal information, we will treat Automated Information as personal information in accordance with this Privacy Notice.

    The information that may be collected by automated means includes:

    • Details about the devices that are used to access our websites (such as the IP address, and type of operating system and web browser)
    • Dates and times of visits to, and use of, our websites
    • Information about how our websites are used (such as the content that is viewed on our websites and how users navigate between or on our webpages)
    • URLs that refer visitors to our websites
    • Search terms used to reach our websites

    Web browsers may offer users of our websites the ability to disable receiving certain types of cookies; however, if cookies are disabled, some features or functionality of our websites may not function correctly. The “help” menu on most internet browsers contains information on how to disable cookies, or you can visit www.aboutcookies.org/how-to-control-cookies/.

    We do not currently respond to “do not track” signals or other mechanisms that might enable Users to opt out of tracking on our site.

    For more information on how we use cookies and your choices, please review Scaled Agile’s Cookie Policy.

  5. Information for Individuals in the European Economic Area and the United Kingdom
    1. Legal basis for processing personal information

      In this section, we identify the legal grounds on which we rely to process personal information.

      In some cases, Scaled Agile has a legitimate interest to process the personal information that we collect, such as to develop, administer and support our products and services; to operate, evaluate and improve our business; or to facilitate a sale of assets or merger or acquisition.

      In other cases, Scaled Agile processes personal information to fulfill our contracts with our business partners.

      It may also be necessary for Scaled Agile to process personal information to establish, exercise or defend against fraud, illegal activity, and claims and other liabilities, including by enforcing the terms and conditions that govern the services we provide.

      If Scaled Agile relies on consent for the processing of your personal information, we will seek such consent at the time we collect your personal information.  For more information on consent, please see the “Privacy Preferences and Rights” section of this Privacy Notice.

    2. International data transfers
      We may transfer your personal information to countries other than the country in which the data was originally collected for the purposes described in this Privacy Notice. For example, if you are located outside of the United States, we typically transfer your personal information to the United States, where Scaled Agile is headquartered. The countries to which we transfer personal information may not have the same data protection laws as the country in which you initially provided the information.

    3. EU-US Privacy Shield

      Scaled Agile complies with the EU-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 to the United States. We have certified to the Department of Commerce that we adhere to the Privacy Shield Principles. If there is any conflict between the terms in this Privacy Notice and the Privacy Shield Principles, the Privacy Shield Principles shall take precedence. To learn more about the Privacy Shield program, the Privacy Shield Principles and to view our certification, please visit www.privacyshield.gov.

      As described in the Privacy Shield Principles, Scaled Agile is accountable for personal information that it receives and subsequently transfers to third parties acting as an agent on its behalf.  If third parties that process personal information on our behalf do so in a manner that does not comply with the Privacy Shield Principles, we are accountable, unless we prove that we are not responsible for the event giving rise to the damage.

      Should anyone feel that we have not complied with the Privacy Shield principles related to the handling of personal information, and we have not been able to remedy such a complaint ourselves, they may contact JAMS, to the attention of Mara E. Satterthwaite, Esq. either at msatterthwaite@jamsadr.com or at the following address: 3800 Howard Hughes Parkway, 11th Floor, Las Vegas, NV 89169.

      As further explained in the Privacy Shield Principles, binding arbitration will also be made available to a complainant in order to address residual complaints not resolved by any other means. Scaled Agile is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).

  6. Online Privacy Choices
    1. Advertising networks

      We work with advertisers, advertising networks, advertising servers, and analytics companies (“Ad Partners”) that use different technologies to collect Automated Information in order to understand how our websites are being used, analyze where users go after they leave our websites in order to deliver relevant advertising. These advertisements may appear on other websites or services.

      These Ad Partners may recognize a particular individual across third party websites over time and link various devices used by the same individual. For more information about how Ad Partners use the information collected by these technologies and about your options not to accept cookies placed by some of these companies on our websites, please visit the Digital Advertising Alliance’s opt-out page. If you are accessing the websites from the European Union, please visit the European DAA’s opt-out page and if you are accessing the Sites from Canada, please visit the DAA Canada’s opt-out page.

      The opt-outs described above are device- and browser-specific and may not work on all devices. If you choose to opt out through any of these opt-out tools, this does not mean you will cease to see advertising. Rather, the ads you see will be based on the website you are visiting and not your interests.

    2. Marketing emails
    3. You may unsubscribe from receiving marketing or other commercial emails from Scaled Agile by following the instructions included in the email. However, even if you opt out of receiving such communications, we retain the right to send you non-marketing communications (such as information about courses or exams for which you have registered, your certification, and changes in website terms).

    4. Privacy preferences and rights

      Individuals in certain jurisdictions, like the EEA, have certain rights and choices regarding Scaled Agile’s processing of their personal information. Please see the “How to Contact Us” section below for contact information regarding the exercise of these rights and choices. In some cases where your personal information is accessible through an online portal or platform, you may be able to directly exercise these rights by following the instructions on the portal or platform.

      Please note that if the exercise of these rights limits our ability to process personal information, we may be precluded from providing our products or services to individuals who exercise these rights, impacting our ability to verify any courses taken or certifications awarded, or from otherwise engaging with such individuals going forward.

      We reserve the right to verify the identity of the individual in connection with any requests regarding personal information to help ensure that we provide the information to individuals to whom the information pertains, and to allow only those individuals or their authorized representatives to exercise rights with respect to that information.

      For information about the rights and choices users have with respect to cookies and online tracking, please see the “Cookies and Other Information Collected by Automated Means” section of this Privacy Notice.

      General objections to the processing of personal information

      To the extent provided by applicable law, you may withdraw any consent you previously provided to us, or object at any time on legitimate grounds to the processing of your personal information. In some circumstances, withdrawing your consent to Scaled Agile’s use or disclosure of your personal information will mean that Scaled Agile will not be able to provide products or services to you, including verification of any courses taken or certifications awarded, or to otherwise engage with you.

      Access to personal information

      You may request access to the personal information that we maintain about you. If we grant your request, we will provide you with a copy of the personal information we maintain about you in the ordinary course of business, in a commonly used format. You may request to correct any errors in your personal information. We may reject your request to access or correct your information, as permitted by applicable law.  If we reject your request, we will notify you of the reasons for the rejection.

      Portability of personal information

      You may request that we transfer your personal information to another data controller. We may reject your request, as permitted by applicable law.  If we reject your request, we will notify you of the reasons for the rejection.

      Deletion of personal information

      You may request that we delete your personal information. We may reject your request, as permitted by applicable law.  If we reject your request, we will notify you of the reasons for the rejection.

  7. Data Retention.

    We will retain your information only for as long as necessary to fulfill the purpose(s) for which the information was collected, depending on the purpose(s) for which the information was collected, the nature of the information, any contractual relationship that may govern the retention of the data, and our legal or regulatory obligations. We will then destroy your information or anonymize the information, in accordance with applicable law.

  8. How We Protect Personal Information.

    Scaled Agile maintains reasonable administrative, technical and physical safeguards designed to protect the personal information we maintain against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. However, we cannot guarantee that the measures we maintain will ensure the security of the personal information.

  9. Links to Websites and Third-Party Content.

    For your convenience and information, we may provide links to websites and other third-party content that is not owned or operated by Scaled Agile. The websites and third-party content to which we link may have separate privacy notices or policies. Scaled Agile is not responsible for the privacy practices of any entity that it does not own or control.

  10. Children’s Privacy. Our websites are not intended for individuals under 18 years of age. We do not knowingly collect personal information from children under age 13 through our websites. If we learn that we have collected personal information from an individual under the age of 13 through our websites, we will delete that information.
  11. Changes to This Privacy Notice. Scaled Agile reserves the right to change this Privacy Notice at any time. When we update this Privacy Notice, we will notify you of changes that are deemed material under applicable legal requirements by updating the date of this Privacy Notice and providing other notification as required by applicable law. We may also notify you of changes to the Privacy Notice in other ways, such as via email or other contact information you have provided.
  12. How to Contact Us. Questions or concerns or complaints about our Privacy Notice or our data collection or processing practices should be directed to:

    Scaled Agile, Inc.
    Attn: Data Privacy Officer
    5400 Airport Road, Suite 300
    Boulder CO 80301

    https://www.scaledagile.com/contact-us/

    If you are a resident within the European Economic Area, you also have the right to file a complaint with the supervisory authority of your member state.