Last Updated: 08/31/2020
1. Personal Information We Collect
For the purpose of this Policy, “Personal Information” means any information relating to an identified or identifiable individual and does not include data whereby personally identifiable information has been removed (such as anonymous data). We obtain Personal Information relating to you from various sources described below. Where applicable, we indicate whether and why you must provide us with your Personal Information, as well as the consequences of failing to do so. If you do not provide Personal Information when requested, you may not be able to benefit from our Service if that information is necessary to provide you with the service or if we are legally required to collect it.
a. Personal Information Collected from You
b. Personal Information Obtained from Third Parties
Our Enterprise Customers. If you are using the Service as an end user of an Enterprise Customer, we may collect Personal Information about you from our Enterprise Customers who use the Services with their own end users, often their employees. This information may include your name, email address, and phone number. Third parties. We may obtain information, including Personal Information from third parties and sources other than our Service. If we combine or associate information from other sources with Personal Information that we collect through our Service, we will treat the combined information as Personal Information in accordance with this Policy.
2. How We Use Personal Information We Collect
We may use Personal Information we collect for the following purposes: Providing the Service. We use your Personal Information to allow you to use the Service, including operate, maintain, enhance and provide all features of the Service, and to provide services and information that you request. Providing you with support, responding to your requests and complaints, and otherwise communicating with you. If you reach out to us for support regarding the Service, we will use your Personal Information to respond and resolve your queries and facilitate support. We otherwise communicate with you regarding your use of the Service. We may also notify you about major updates in our Service. Analytics and Improving the Service. We use your Personal Information to ensure the efficient operation of the Service, to understand and analyze the usage trends and preferences of our users, to improve the Service, and to develop new products, services, features, and functionalities. Tailored Content. We may use your Personal Information to: (i) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Service; (ii) provide customized advertisements, content, and information. Where required under applicable law, we will only provide you with tailored content with your opt-in consent. Advertising and Marketing. We may use your email address and other Personal Information to send marketing communications, including updates on promotions and events relating to products and services offered by us and by third parties we work with. Generally, you can opt out of receiving any promotional communications as described below under Your Rights and Choices. Where required under applicable law, we will only send you promotional emails with your opt-in consent. Legal and Administrative Obligations. We may use your Personal Information to enforce our End User License Agreement and Terms of Service, to defend our legal rights, to conduct audits, to comply with our legal obligations and internal policies, to contact you for administrative purposes such to address intellectual property infringement, privacy violations or defamation issues related to your User Content posted on the Service. Where we do so, we will use the Personal Information relevant to such a case. Some processing may also be necessary to comply with a legal obligation placed on us. Aggregate Data. We may de-identify and aggregate information tomonitor and analyze the effectiveness of Service and third-party marketing activities, to monitor aggregate site usage metrics such as total number of visitors and pages viewed, and to develop new products, services, features and functionalities. Partners and Vendors. We use Personal Information collected from our business partners and vendors to perform our contractual obligations towards them, and manage those relationships. Job Applications. If you apply for a job at Agora, we may process your Personal Information to evaluate your application. Where required under applicable law, we will only process this information with your opt-in consent. Other Purposes. We also may use your Personal Information as may be described in a notice to you at the time the information is collected, or in any other manner to which you consent. If you are located in the European Economic Area, we only process your Personal Information based on a valid legal ground, including when:
- You have consented to the use of your Personal Information;
- We need your Personal Information to provide you with the Services, including for account registration and to respond to your inquiries;
- We have a legal obligation to use your Personal Information;
- We or a third party, have a legitimate interest in using your Personal Information. In particular, we have a legitimate interest in using your Personal Information to conduct business analytics, and otherwise improve the safety, security, and performance of our Services. We only rely on our or a third party’s legitimate interests to process your Personal Information when these interests are not overridden by your rights and interests.
3. How We Disclose Your Personal Information
- In Aggregated Form. We may make certain automatically-collected, aggregated, or otherwise de-identified information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service.
- To Comply with Legal Obligations. We may disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. copyright law), in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.
- To Protect and Enforce Our Rights. We also reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.
- In case of Merger, Sale, or Other Asset Transfer. Information about our users, including Personal Information, may be disclosed and otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
With Your Consent. We also may disclose your Personal Information as may be described in a notice to you at the time the information is collected, or in any other manner to which you consent.
4. Your Rights and Choices
Account Information. You may, of course, decline to share certain Personal Information with us, in which case we may not be able to provide to you some of the features and functionality of the Service. You may update, correct, or delete your profile information and preferences at any time by accessing your account settings page on the Service. If you wish to access or amend any other Personal Information we hold about you, or to request that we delete any information about you that we have obtained from an Enterprise Customer, you may contact us at firstname.lastname@example.org. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so, to the extent permitted under applicable law. Opt-Out. If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt-out from receiving commercial email from us, and any other promotional communications that we may send to you from time to time, by sending your request to us by email email@example.com or by writing to us at the address given at the end of this policy. We may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us in user account functionality on the Service. Please be aware that if you opt-out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may receive promotional communications from us that you have opted-out from during that period, unless we are required by applicable law to process your request within a shorter period of time. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service. Privacy Settings. Although we may allow you to adjust your privacy settings to limit access to certain Personal Information, please be aware that no security measures are perfect or impenetrable. To the fullest extent permitted under applicable law, we are not responsible for circumvention of any privacy settings or security measures on the Service. Additionally, we cannot control the actions of other users with whom you may choose to share your information. Further, even after information posted on the Service is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Service. To the fullest extent permitted under applicable law, we cannot and do not guarantee that information you post on or transmit to the Service will not be viewed by unauthorized persons. Do Not Track. Some web browsers incorporate a “Do Not Track” feature. Because there is not yet an accepted standard for how to respond to Do Not Track signals, our website does not currently respond to such signals. Your European Privacy Rights. If you are located in the European Economic Area or the United Kingdom, you have these following additional rights in relation to your Personal Information that we hold:
- Withdrawal of consent. Where we rely on consent for the processing of your Personal Information, you have the right to withdraw your consent at any time.
- Access. You have the right to access the Personal Information we hold about you, and to receive an explanation of how we use it and who we share it with.
- Correction. You have the right to correct any Personal Information we hold about you that is inaccurate or incomplete.
- Erasure. You have the right to request for your Personal Information to be erased or deleted.
- Object to processing. You have the right to object to our processing of your Personal Information where we are relying on a legitimate interest.
- Restrict processing. You have a right in certain circumstances to stop us processing your Personal Information other than for storage purposes.
- Portability. You have the right to receive, in a structured, commonly used and machine-readable format, Personal Information that you have provided to us if we process it on the basis of our contract with you, or with your consent, or to request that we transfer such Personal Information to a third party.
- Complaint. You have the right to lodge a complaint with a data protection supervisory authority in the country in your country of residence, place of work or where an incident took place.
Please note that, prior to any response to the exercise of such rights, we may require you to verify your identify. In addition, we may have valid legal reasons to refuse your request, and will inform you if that is the case. For more information on or to exercise your rights, please email firstname.lastname@example.org
5. Third-Party Services
6. Children’s Privacy
Our Service is not directed to children under the age of 16, and we do not knowingly collect Personal Information from children under the age of 16 without obtaining parental consent. If you are under 16 years of age, then please do not use or access the Service at any time or in any manner. If we learn that Personal Information has been collected on the Service from persons under 16 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 16 years of age has obtained an account on the Service, then you may alert us at email@example.com and request that we delete that child’s Personal Information from our systems.
7. Data Security
We use certain physical, managerial, and technical safeguards that are designed to appropriately protect Personal Information against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Information in our possession. WE CANNOT, HOWEVER, ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US OR STORE ON THE SERVICE, AND YOU DO SO AT YOUR OWN RISK. WE ALSO CANNOT GUARANTEE THAT SUCH INFORMATION MAY NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF ANY OF OUR PHYSICAL, TECHNICAL, OR MANAGERIAL SAFEGUARDS. The foregoing is subject to requirements under applicable law to ensure or warrant information security. If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the Service if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at firstname.lastname@example.org.
8. Data Retention
We take measures to delete your Personal Information or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it, unless we are required by law to keep this information for a longer period. When determining the retention period, we take into account various criteria, such as the type of products and services requested by or provided to you, the nature and length of our relationship with you, possible re-enrolment with our products or services, the impact on the services we provide to you if we delete some information from or about you, mandatory retention periods provided by law and the statute of limitations.
9. Data Transfers
The Service is hosted in the United States. If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your Personal Information outside of those regions to the United States for storage and processing, which may not have the same data protection laws as your jurisdiction. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. By providing any information, including Personal either the Terms of Service, an Enterprise Customer agreement, or the terms of service, user agreement or similar agreements of our enterprise customers, as applicable. When we transfer Personal Information outside of the European Economic Area or the United Kingdom, we will comply with applicable EEA data protection laws. We may transfer your Personal Information to countries which have been found to provide adequate protection by the EU Commission (e.g. Switzerland and Canada), we may use contractual protections for the transfer of Personal Information. or rely on a certification to the Privacy Shield framework. You may contact us as specified below to obtain a copy of the safeguards we use to transfer Personal Information outside of the European Economic Area.
10. Changes and Updates to this Policy
Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify the Policy, we will make it available through the Service, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of the Policy.
11. How to Contact Us
Agora Lab, Inc. is the entity responsible for the processing of your Personal Information as described in this Policy. If you have any questions or comments about this Policy, your Personal Information, our use and disclosure practices, your consent choices, or if would like to exercise your rights, please contact us by email at email@example.com or write to us at: Agora Lab, Inc. 2804 Mission College Blvd, Suite 110 Santa Clara, CA 95054 United States