Agora Privacy Policy

Last Updated: 04/15/2020

 Welcome, and thank you for your interest in Agora, Inc. (“ Agora,” “we,” or “us”) and our website at www.agora.io (the “Site”), as well as all related web sites, networks, embeddable widgets, downloadable software (including any development kits and any associated tools also known as SDKs), mobile applications, recording services, white board services and other services provided by us and on or through which a link to this Privacy Policy (this “Policy”) is displayed (collectively, together with the Site, our “Service”).

This Policy describes how we collect and use Personal Information we collect from or about you through the Service and in connection with our customer, partner and vendor relationships, your rights and choices with respect to your Personal Information, and how you can contact us if you have any questions or concerns.

In addition to the activities described in this Policy, we may process Personal Information provided by our enterprise customers (“Enterprise Customers”) when they use our Service. We process such Personal Information as a data processor on behalf and on the instructions of our Enterprise Customers, which are the entities responsible for the data processing. To understand how an Enterprise Customer processes your Personal Information, please refer to that Enterprise Customer’s privacy policy.

Please read this Policy carefully. If you do not agree with this Policy or any part thereof, you should not access or use any part of the Service, or otherwise provide us with your Personal Information. If you change your mind in the future, you should stop using the Service and provide us with no further Personal Information. 

  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

Account Registration. If you register to use the Service, then you must provide us with your name, email address, and a password in order to create an account and user profile. You may also optionally add other information, such as a photo of yourself.

User Information. When you use the Service, you provide us with information such as your device information, including model, manufacturer and brand (but specifically excluding IMEI or device UUID), user ID, channel mode, SDK version, network type, AppID, call detail record, general call information (including timestamp and duration of the call), quality of services information (including network quality metrics), quality of experience information (including video and audio resolution),  device status changes and device runtime metrics (including CPU usage).

User Content. We will collect any information you choose to upload, post, or stream through the Service. For example, when you interact with other users by sending them messages, voice or video chats, or interact in real time, the Service will process the information you provide in such submissions, to the extent permitted under applicable law. This may also include the information regarding your contacts, your images, and Personal Information of other users that you choose to import into the Service.

Communication and support. When you communicate with us via the Service, or you send us a request, application, claim, report or complaint, you provide us with Personal Information, such as your name, email address, physical address, your phone number, you and the contents and nature of your correspondence with us, including technical support requests, complaints, queries and feedback on your use of the Service.

Cookie information. We and third parties may automatically collect information about your visit to and use of the Service via cookies (see below in paragraph 3: “How We Use Cookies and Similar Technologies” for more information). The information they collect may include Personal Information, such as your IP address, and advertising identifiers.

Job Applications. We will collect any information which you provide to us when you apply for a job with Agora, including your resume and references.

Event or Survey. We and third parties may collect information about you when you attend an event (e.g. our RTC Innovation Challenge and annual RTC Event), fill out a form or survey with us. We might collect your age, your gender, or other Personal Information; however, we will only collect those with your specific prior consent.

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.

  1. 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 to monitor and analyze the effectiveness of Service and third-party marketing activities and to monitor aggregate site usage metrics such as total number of visitors and pages viewed.

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.
  1. How We Use Cookies and Similar Technologies

Cookies are small files of letters and numbers that we store on your browser or the hard drive of your computer. They contain information that is transferred to your computer’s hard drive. We use cookies, beacons, invisible tags, and similar technologies (collectively “cookies”) to collect information about your browsing activities, to assess how many users access or use our Service, which content, products, and features of our Service most interest our visitors, what types of offers our customers like to see, how our service performs from a technical point of view, and to distinguish you from other users of the Service. This aids your experience when you use the Service and also allows us to improve the functionality of the Service.

We may use both session cookies and persistent cookies to automatically collect certain information. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. When you use the Service, we may also automatically collect certain information from your device by using similar technologies, including “clear gifs” or “web beacons.” Please review your web browser “Help” file to learn the proper way to modify your settings with regard to such automated data collection. Please note that if you delete, or choose not to accept, such technologies from the Service, you may not be able to utilize the features of the Service to their fullest potential.

 

The automatically collected information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you use the Service, the pages or other content you view or otherwise interact with on the Service, and the dates and times that you visit, access, or use the Service. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message.

 

We use the following cookies:

  • Strictly necessary cookies: Some cookies are strictly necessary to make the Service available to you. We cannot provide you with the Service without this type of cookies.

Cookie Name

Provider

Purpose

Expiry

__cf_bm

app-ab28.marketo.com

This cookie is used to distinguish between humans and bots. This is beneficial for the website, in order to make valid reports on the use of the website.

1 Day

BIGipServer#

app-ab28.marketo.com

Used to distribute traffic to the website on several servers in order to optimise response times.

Session

elementor

agora.io

Used in context with the website’s WordPress theme. The cookie allows the website owner to implement or change the website’s content in real-time.

Persistent

 

  • Functional cookies:  These are used to recognise you when you return to the Service. This enables us to personalise our content for you, and remember your preferences (for example, your choice of language or region).

Cookie Name

Provider

Purpose

Expiry

lang

ads.linkedin.com

Remembers the user’s selected language version of a website.

Session

lang

linkedin.com

Set by LinkedIn when a web page contains an embedded “Follow us” panel.

Session

 

  • Analytical or performance cookies. We also use cookies for analytics purposes in order to operate, maintain, and improve the Service. We use third party analytics providers, including Google Analytics, to help us understand how users engage with the Service. Google Analytics uses first-party cookies to track user interactions which helps show how users use the Service. This information is used to compile reports and to help us improve the Service. The reports disclose usage trends without identifying individual visitors. You can opt out of Google Analytics without affecting how you visit our Service by going to https://tools.google.com/dlpage/gaoptout or via Google’s Ads settings.

 

Cookie Name

Provider

Purpose

Expiry

_ga

agora.io

Registers a unique ID that is used to generate statistical data on how the visitor uses the website.

2 years

_gat

agora.io

Used by Google Analytics to throttle request rate.

1 day

_gid

agora.io

Registers a unique ID that is used to generate statistical data on how the visitor uses the website.

1 day

_fbp

agora.io

Used by Facebook to deliver a series of advertisement products such as real time bidding from third party advertisers.

3 months

_gcl_au

agora.io

Used by Google AdSense for experimenting with advertisement efficiency across websites using their services

3 months

_mkto_trk

agora.io

Contains data on visitor behaviour and website interaction. This is used in context with the email marketing service Marketo.com, which allow s the website to target visitors via email.

2 years

ads/ga-audiences

google.com

Used by Google AdWords to re-engage visitors that are likely to convert to customers based on the

visitor’s online behaviour across websites.

Session

bcookie

linkedin.com

Used by the social networking service, LinkedIn, for tracking the use of embedded services.

2 years

bscookie

linkedin.com

Used by the social networking service, LinkedIn, for tracking the use of embedded services.

2 years

fr

facebook.com

Used by Facebook to deliver a series of advertisement products such as real time bidding from third party advertisers.

3 months

IDE

doubleclick.net

Used by Google DoubleClick to register and report the website user’s actions after viewing or clicking

one of the advertiser’s ads with the purpose of measuring the efficacy of an ad and to present targeted ads to the user.

1 year

lidc

linkedin.com

Used by the social networking service, LinkedIn, for tracking the use of embedded services.

1 day

lissc

linkedin.com

Used by the social networking service, LinkedIn, for tracking the use of embedded services.

1 year

suid

simpli.fi

Collects information on user preferences and/or interaction with w eb-campaign content – This is used on

CRM-campaign-platform used by website owners for promoting events or products.

1 year

suid_legacy

simpli.fi

Collects information on user preferences and/or interaction with w eb-campaign content – This is used on

CRM-campaign-platform used by website owners for promoting events or products.

1 year

test_cookie

doubleclick.net

Used to check if the user’s brow ser supports cookies.

1 day

tr

facebook.com

Used by Facebook to deliver a series of advertisement products such as real time bidding from third party advertisers.

Session

trackalyzer

tracking.leadlander.com

Used to track visitors on multiple websites, in order to present relevant advertisement based on the visitor’s preferences.

1 year

UserMatchHistory

linkedin.com

Used to track visitors on multiple websites, in order to present relevant advertisement based on the visitor‘s preferences.

29 days

Third Party Web Beacons and Third Party Buttons. We may also implement third-party content or advertising on the Service that may use clear gifs or other forms of web beacons, which allow the third-party content provider to read and write cookies to your browser in connection with your viewing of the third party content on the Service. Additionally, we may implement third party buttons (such as Facebook “like” or “share” buttons) that may allow third parties to collect information about you through such third parties’ browser cookies, even when you do not interact with the button. Information collected through web beacons and buttons is provided directly to the operators of such websites or services and Agora does not participate in that data transmission. Information collected by a third party in this manner is subject to that third party’s own data collection, use, and disclosure policies.

  1. How We Disclose Your Personal Information

Except as described in this Policy or otherwise disclosed to you at the time of the collection, we will not disclose your Personal Information to third parties without your consent. We may disclose information to third parties in the following circumstances:

  • Agora affiliates and subsidiaries. We may disclose Personal Information about you within our affiliates and subsidiaries.
  • Other users. Any Personal Information that you voluntarily choose to include on or through the Service, including information in a publicly accessible area of the Service (such as a public profile page) or information you share with or allow to be shared with other users, will be available to anyone who has access to that content, including other users. We are not responsible for privacy practices of the other Users who will view and use the posted information.
  • Vendors and Service Providers.We work with third party service providers to provide website or application development, hosting, maintenance, and other services for us. These third parties may have access to or process your Personal Information as part of providing those services for us. We limit the information provided to these service providers to that which is necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such information.
  • Advertising Partners. We may share your Personal Information with our third party advertising partners to provide ads that we think may interest you. For more information about our advertising and marketing practices and those of the third party advertising partners, please see the How We Use Cookies and Similar Technologies section above.
  • Our Enterprise Customers. If you are using the Service as an end user of an Enterprise Customer, we may disclose information about you with that Enterprise Customer, such as your IP address, device information, use of our Service, and user ID.
  • Other Third Parties. We may also share Personal Information about you with other third parties in the following circumstances:
    • 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.

 

  1. 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 privacy@agora.io. 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 privacy@agora.io  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 privacy@agora.io

  1. Third-Party Services

This Privacy Policy applies only to the processing of your Personal Information by Agora. The Service may contain features or links to Web sites and services provided by third parties. The policies and procedures described in this Privacy Policy do not apply to Third Party Sites. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with information.

  1. 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  privacy@agora.io. and request that we delete that child’s Personal Information from our systems.

  1. 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 privacy@agora.io.

  1. 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.     

  1. 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 Information, on or to the Service, you consent to such transfer, storage, and processing pursuant to either the Terms of Service or an Enterprise Customer agreement, 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.

  1. 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.

  1. How to Contact Us

 

Agora, 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  privacy@agora.io  or write to us at:

Agora, Inc.

2804 Mission College Blvd, Suite 110

Santa Clara, CA 95054

United States