Privacy Policy

Last updated: August 26, 2014.

This privacy policy (“Privacy Policy”) set forth by Agora Labs, Inc. (“Agora Labs”) explains your privacy rights and how Agora Labs collects, stores, and uses the information collected in connection with its products, services, and websites (collectively, the “Services”).

BY USING, REGISTERING TO USE, INSTALLING, OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THIS PRIVACY POLICY AND GIVE AN EXPLICIT AND

INFORMED CONSENT TO THE PROCESSING, USE AND DISCLOSURE OF YOUR PERSONAL DATA IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE, REGISTER TO USE, INSTALL, OR OTHERWISE ACCESS THE SERVICES. Agora Labs reserves the right to modify this Privacy Policy at reasonable times, so we encourage you to please review it frequently. Your continued use of Services will signify your acceptance of the changes to this Privacy Policy. If Agora Labs makes any material changes to this Privacy Policy, we will notify you by the email address you used to create your account or by notice on the Site prior to the effective date of such changes.

1. INFORMATION THE SERVICES OBTAIN AND USE

Non-personal Data. Non-personal Data means any information that does not directly identify you, including “automatically collected data,” “aggregated” or “anonymized” information that Agora Labs collects to inform it how others use the Services. Such Non-personal Data includes, but is not limited to, (i) device properties, including, but not limited to, type, IP address, Media Access Control (“MAC”) address and unique device identifier or other persistent or non-persistent device identifier ("Device ID"); (ii) device software platform, operating system, type of Internet browser, and firmware; (iii) mobile phone carrier; (iv) web browsing patterns, including websites visited; (v) geographical data such as zip code, area code, and other non-precise location information; (vi) the way in which you use the Services, including frequency and duration of usage; and (vii) other Non-personal Data as reasonably required by Agora Labs to enhance the Services. In order to collect such Non-personal Data, Agora Labs may use tools, such as cookies, described below, or third party analytical software to automatically collect and use such Non-personal Data, including products by Google, Inc., such as Google Analytics.

Cookies and Similar Technologies. Cookies are small files created by your web browser to assign a unique id to your computer. Agora Labs uses cookies, as well as other monitoring technology such as tags, web beacons, local shared objects, files, tools and programs to gather Non-personal Data for use in our records, and to store your preferences. You can disable cookies in your web browser at any time, but some functionality of our Site may be impaired if you disable cookies.

Personally Identifiable Information (“PII”). PII means personally identifiable information that specifically identifies you as an individual. Agora Labs obtains some of your PII such as your name and email address. You may also be asked to provide a username and/or password. Other ways in which Agora Labs may obtain your PII include, accessing Services with a third party ID, such as social networking sites, subscribing to Agora Labs updates, purchasing products or services through Agora Labs’ online store or respond to any offers, requesting technical support, and when PII is otherwise required for use of the Services. Your decision to give Agora Labs your PII is optional, but some or all the Services may not be available until you register.

Agora Labs may use your PII to contact you from time to time to provide you with important information, updated information, and required notices.

Agora Labs may use PII and Non-personal Data, both individually and combined together, for purposes of analyzing usage of the Services, providing customer and technical support, managing and providing Services, customizing Agora Labs’ communications, and to further develop the Services.

By using the Services, you are consenting to Agora Labs’ Processing (as defined below) of your PII and any Non-personal Data as described in this Privacy Policy. Processing means use of PII and any Non-personal Data provided by you or gathered using cookies on a computer/mobile device in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. By using the Services and providing information to us, you consent to such transfer to, and processing in, the U.S.

2. DISCLOSURE OF NON-PERSONAL DATA AND PERSONALLY IDENTIFIABLE

Agora Labs may share Non-personal Data and your PII with third parties in the following ways:

If you would like to delete the PII you submitted, notify us at privacy@agora.sh that you wish to delete your PII or any part thereof contained at our databases. Agora Labs will respond to your request within a reasonable time, and use commercially reasonable efforts to delete your PII; however, it may be impractical to remove all of your PII without some residual information being retained by Agora Labs. Please note that some or all the PII may be required in order for you to properly use the Services. Agora Labs may also be required to retain some or all of your PII by law.

Please note that deletion of your PII from our database will not prevent Agora Labs from using gathered anonymous information.

3. CALIFORNIA’S “DO NOT TRACK” LAW

Do Not Track (DNT) is a privacy preference that users can set in their web browsers. Agora Labs’s Services do not currently respond to Do Not Track (DNT) signals.

4. CHILDREN’S PRIVACY

Agora Labs does not knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at privacy@agora.sh. Agora Labs will delete such information from our files within a reasonable time.

5. SECURITY

Agora Labs is concerned about safeguarding the confidentiality of your PII. We provide commercially reasonable physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve the Services. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches, and there is the possibility that despite Agora Labs’ reasonable efforts, there could be unauthorized access to your personal data. By using the Services, you hereby acknowledge and assume this risk.

6. DISPUTES AND LEGAL PROCEEDINGS

Agora Labs regularly reviews its compliance with this Privacy Policy. If Agora Labs receives a formal written complaint from you, Agora Labs will attempt to contact you directly to address any of your concerns. Agora Labs will cooperate with the appropriate governmental authorities to resolve any complaints regarding the collection, use, transfer or disclosure of personal data that cannot be amicably resolved between you and Agora Labs. The Services are governed by the laws of the State of Iowa, without regard to its conflict of laws provisions. Any dispute, controversy or claim arising out of or relating to this Privacy Policy or the breach, termination or validity thereof shall be finally settled at Agora Labs’ discretion (i) in the Iowa District Court for Jefferson County, or the United States District Court for the Southern District of Iowa; or (ii) in binding arbitration in the city of Fairfield, Iowa by a panel of three arbitrators chosen, and an arbitration proceeding conducted in accordance with the rules then applying of the American Arbitration Association. The prevailing party in any such action or arbitration shall be entitled to an award of its reasonable attorney’s fees and other costs incurred with respect to such arbitration. The parties further agree that judgment on the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST AGORA LABS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

7. CONTACT US

If you have any questions regarding privacy while using the Services, or have questions about our practices, please contact us via email at privacy@agora.sh. You can also reach us by postal mail at:

Agora Labs, Inc.

109 E. Kirkwood Ave.

Fairfield, IA 52556

Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of personal information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. The law provides that companies must inform consumers about the categories of personal information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To request a copy of the information disclosure provided by Agora Labs pursuant to Section 1798.83 of the California Civil Code, please contact us via the email or address stated above. Please allow 30 days for a response.