Agora Advantage, LLC.
Privacy Policy
Effective January 1, 2016
Our online and mobile resources
are hosted in United States and are subject to U.S. laws. If you are outside of
the United States, your use of this website constitutes consent to the
transmission of Personal Information to the United States. If your use of this website
is against the laws of your jurisdiction, it is your responsibility to refrain
from the use of the website.
Online and mobile
resources means the websites and other internet features we own that allow
you to interact with our websites, as well as apps we have created and
distributed to let our customers and followers view our online and mobile
resources or otherwise interact with the content we provide.
Children’s
Privacy
We
are committed to the safety of
our children. Persons under the age of 18 may not enroll as Agora Advantage Advisors
or register as customers. Children under the age of 13 may not purchase
products through any of our Sites. Agora Advantage does not solicit or
knowingly collect personally identifiable information from children under the
age of 13. If we obtain actual knowledge that we have collected
personally identifiable information from a child under the
age of 13, we will immediately delete such information from our database. Because Agora Advantage does not collect
personally identifiable information from children under the age of
13, Agora Advantage has no such
information to use or disclose to third parties.
Information
Collection
We may collect Personal
Information from the following groups of data subjects: visitors to, and users
of, our online and mobile resources; our Advisors; Advisor applicants; our
customers; current members of our workforce and those who apply for posted
jobs; and third-party vendors and business partners.
Personal
Information
Personal information generally means information that
can be used to identify you or that can be easily linked to you (for example,
your name, address, telephone number, email address, social security number and
date of birth). The privacy laws in some jurisdictions include unique elements
in what they consider to be the Personal Information of the consumers or data
subjects they protect. If those laws apply to us, as in the case of the
California Consumer Privacy Act (“CCPA”) or European General Data Protection
Regulation (“GDPR”), our use of the phrase “Personal Information” includes the
unique elements required by such laws.
The categories of information we collect from each of these
groups, and the ways in which we use it, differs; it is possible that the same
person could fall into more than one group. Most of this Privacy Policy
addresses our processing and sharing of Personal Information collected from
visitors to and users of our online and mobile resources and our Advisors and customers.
How We Collect Information
There are two types of information that we obtain from you
online and then store and use: (i) non-Personal Information that’s collected
automatically from each visitor, such as your device operating system; and (ii)
Personal Information that you voluntarily provide to us, that we receive from
third-party service providers or vendors, or that is collected automatically.
By using our online and mobile resources or purchasing our
products or services, you are signifying to us that you agree with this section
of our privacy statement and that we may use and disclose your information as
described.
Automatically
Collected Information
We use both
automatically collected information and mobile device information to compile
generic reports about popular pages on our online and mobile resources, and to
see how our customers and followers are accessing our online and mobile
resources. We then use that data to administer the online and mobile resources
and make them better, make your activities more convenient and efficient and to
enhance the functionality of our online and mobile resources, such as by
remembering certain of your information in order to save you time.
We use and retain
your Personal Information in accordance with applicable law and as long as
necessary to carry out the purposes described above in accordance with our
internal data retention procedures.
Voluntarily Submitted Information
If you participate in certain activities via our online and
mobile resources, you may be asked to provide us with information about
yourself. The types of Personal Information we collect in those situations
includes identifiers (such as your name, email address, physical
address, and phone number), professional information (such as the
business you are in), and financial account information (such as your
credit card information). We do not sell, rent, or trade voluntarily submitted Personal
Information with third parties.
We do not collect Personal Information from a user without
first asking the user to provide it. We do not gather Personal Information from
users without their knowledge. If you do not want us to collect this type of Personal
Information, please do not provide it. This means you shouldn’t participate in
the activities on our online and mobile resources that request or require it
and you may want to communicate with us by phone or regular mail instead.
Participation is strictly your choice. Not participating may limit your ability
to take full advantage of the online and mobile resources, but it will not affect
your ability to access certain information available to the general public on
the online and mobile resources.
Some of the ways you voluntarily give us your Personal
Information and how we use it:
·
Emails
and Online Forms –
When you send us an email or fill out an online form, such as to contact us,
your email address and any other Personal Information (e.g., home address or
phone number) that may be in the content of your message or attached to it, are
retained by us and used to respond back directly to you and to process your
request. Depending on the Personal Information provided, communications from us
may be in the form of emails, telephone calls, and/or text messages. We may
also send you information about any of our products or services we think may be
of interest to you.
·
Registering
for an Account – When you register
for an account or you register your child for a sub-account, you submit Personal
Information to us such as your name and email address (or your child’s name and
email address) which we then retain. We use that information to create and
manage your account and, in some cases, establish a password and profile to
communicate with you and any sub-accounts you created via email.
·
Registering
for Events – When you register
for events, conferences or programs we ourselves may host (rather than
outsource to a third-party event manager with its own privacy policies), you
will be submitting the types of identifiers described above. If the event
requires a fee, we may also ask you to submit credit card or other
financial information. We use this information to register you for the
event and send you communications regarding the event.
·
Becoming
a Subscriber to Our Service –
We use any information provided from our customers to perform our contractual
obligations and provide the products and services purchased to them, to manage
their accounts and communicate with them.
·
Social
Media and Community Features –
Some of our online and mobile resources may offer social media-like community
features letting users post messages and comments, and/or upload an image or
other files and materials. If you choose to make use of these features, the
information you post, including your screen name and any other Personal
Information, will be in the public domain and not covered/protected by
this statement.
o Disclosure
in Connection with Services. We
disclose Personal Information to those who help us provide Services, including
those who perform technical, administrative and data processing tasks such as
hosting, billing, fulfillment, and data storage and security.
o By Law
or to Protect Rights. We
disclose Personal Information when required to do so by law, or in response to
a subpoena or court order, or when we believe in our sole discretion that disclosure is
reasonably necessary to protect our property or rights, third parties or the
public at large.
o Legally
Required Law Enforcement, Judicial and Administrative Agency Disclosures. We will
provide confidential and personally identifiable information as necessary to
comply with judicial and administrative orders, subpoenas, Civil or Criminal
Investigative Demands, Administrative and Regulatory Demands and other legal
obligations. In order for us to
conduct business in certain jurisdictions, we must disclose certain personally
identifiable and confidential information to regulatory authorities in such
jurisdictions. Such information may include, but is not limited to, income
information and Personal Information.
o Business
Transfers; Bankruptcy. We reserve the right to transfer all Personal Information in
its possession to a successor organization in the event of a merger,
acquisition, or bankruptcy or other sale of all or a portion of our assets.
Other than to the extent ordered by a bankruptcy or other court, the use and
disclosure of all transferred Personal Information will be subject to this
Privacy Policy, or to a new privacy policy if you are given notice of that new
privacy policy and an opportunity to affirmatively opt-out of it. Personal Information
submitted or collected after a transfer, however, may be subject to a new
privacy policy adopted by XXXX’s
successor organization.
o Downline
Activity/Genealogy Reports. As a network marketing company, Agora Advantage
provides certain information to Advisors
regarding other Advisors
and
customers enrolled in an Advisor’s
downline marketing organization (sales team). To help Advisors in the Agora Advantage
network marketing program manage their independent businesses, we provide our Advisors with
some of the Personal Information of the other Advisors and customers whom
they have personally sponsored/enrolled as well as other Advisors who
are on their marketing teams. If you enroll as an Advisor or register as a customer,
your name, address, telephone number, and email address, as well as data
relating to your sales, purchases, and recruitment activity will be disclosed
to the Advisor who
sponsored you and to other Advisors who
are upline to you and your sponsoring Advisor. No other Personal Information will be shared with Advisors. Such
information is shared via the Advisor
Back-Office. Information relating to downline Advisors is
made available to Advisors
subject to a confidentiality and non-solicitation covenant in the agreement
that each Advisor
enters into with Agora
Advantage. However, we do not warrant that other Advisors will
adhere to the confidentiality and non-solicitation covenants, and we shall
not be responsible for Advisors’
violation of these covenants. By enrolling as an Advisor or registering as a customer,
you consent to the disclosure of your Personal Information as described in this
paragraph.
o Surveys. It may become necessary to conduct
surveys of our customers or Advisors.
Should we deem it necessary to conduct a survey, we may outsource the survey to
a third party. We will provide the third-party survey company with your Personal Information as is
necessary for the third-party
survey company to conduct the survey and to those third parties whom we engage
to review and analyze the results of the survey. We will not provide your
social security number, credit card or banking information to the survey
provider.
Retention
of Personal Information
Unless there is something in this Policy to the contrary, we
may retain your Personal Information for as long as your account is active and
for a period of time thereafter to allow you to re-activate your account
without loss of information. We may also retain your Personal Information as
necessary to comply with legal requirements and obligations, defend our rights,
resolve conflicts, improve our online and mobile resources, address complaints,
and enforce contracts.
Electronic Communications
Consistent with this Privacy Policy and as is permitted by
applicable law, we may communicate with you via electronic messages, including
email. We receive notice when you open an email or click a link within a
marketing email.
We may
display advertising on our online and mobile resources and partner with third
parties to manage advertising on other websites for our products and services.
We may also partner with third parties, including business partners,
advertising networks, and other advertising service providers, who gather information
about you on our online and mobile resources and other websites to provide you
with advertisements on our online and mobile resources and elsewhere online
based on your browsing history and tailored to your interests, preferences, and
characteristics. Cookies or other similar technologies may be used to provide
you with advertising based upon your browsing activities and interests. We
are not responsible for the privacy practices of these third parties, and the
information practices of these third parties are not covered by this Policy.
Some third parties collect information about users of our online and mobile
resources to provide interest-based advertising on our online and mobile
resources and elsewhere, including across browsers and devices. These third
parties may use the information they collect on our online and mobile resources
to make predictions about your interests in order to provide you with ads (from
us and other companies) across the Internet. Some of these third parties may
participate in industry-developed programs designed to provide consumers with
choices about whether to receive targeted advertising. Due to differences
between using apps and websites on mobile devices, you may need to take
additional steps to disable targeted ad technologies in mobile apps. Many
mobile devices allow you to opt out of targeted advertising for mobile apps
using the settings within the mobile app or your mobile device. For more
information, please check your mobile settings. You also may uninstall our apps
using the standard uninstall process available on your mobile device or app
marketplace.
To opt out of interest-based advertising across browsers and devices from
companies that participate in the Digital Advertising Alliance or Network
Advertising Initiative opt-out programs, please visit the websites operated by
the Network Advertising Initiative (http://www.networkadvertising.org/choices/) and
the Digital Advertising Alliance (http://www.aboutads.info/choices/). You
may also be able to opt out of interest-based advertising through the settings
within the mobile app or your mobile device, but your opt-out choice may apply
only to the browser or device you are using when you opt out, so you should opt
out on each of your browsers and devices if you want to disable all
cross-device linking for interest-based advertising. Please note that even if
you use an industry-based opt-out for interest-based advertising, you will
continue to receive generic advertisements and your experience on our Website
may be degraded.
Miscellaneous
California
Residents.
·
Shine the Light. Residents of the State of California (under California Civil
Code Section 1798.83) have the right to request from companies conducting
business in California a list of all third parties, if any, to which the
company has disclosed Personal Information during the preceding year for direct
marketing purposes (e.g., requests made in 2022 will receive information about
2021 sharing activities). We comply with this law by offering California
residents the ability to tell us not to share your Personal Information with
third parties for their direct marketing purposes. To make such a request,
please email us at support@agoraadvantage.com. You must include the name of this Site and “California
Resident” as the subject line, and your full name, e-mail address, and postal
address in your message. Please note that any request under this paragraph will
be limited to our use and disclosure of your Personal Information. You will
need to make the same request of your Advisor if you would like to obtain information about any
disclosure that she or he has made of your Personal Information.
·
California Consumer Privacy Act Notice. If you are a
California resident, you may have certain rights under the California Consumer
Privacy Act (CCPA) as described below:
o To access some of our services,
use certain feature of our Websites, or to purchase products or services from
us, you will be required to provide certain Personal Information to us. We collect the following categories of Personal Information
from California residents: identifiers such as name, address, IP address, and
other similar identifiers; Personal Information described in subdivision
(e) of California Civil Code Section 1798.80 (California customer records
statute) such as a name, address, telephone number, credit card
number; commercial information such as products or services
purchased; internet/electronic activity such as browsing history and
search history; geolocation data including geographic
coordinates/physical location; and audio, video, electronic or other similar
information. We have disclosed these categories of personal information for a
business purpose within the last 12 months. We do not sell, and within the last
12 months have not sold, personal information to third parties.
o
You have the right to know:
§ The CCPA sets forth certain
obligations for businesses that “sell” Personal Information. Based on the
definition of “sell” under the CCPA and under current regulatory guidance, we
do not believe we engage in such activity and have not engaged in such activity
in the past 12 months.
§ We do not sell your Personal
Information to any third party.
§ In the 12 months preceding the revision date of this Privacy
Policy, we have not sold any Personal Information.
§ We do not discriminate against consumers as a result of a
consumer’s exercise of any of his or her rights listed in this section. For
example, we will not, as a result of a consumer’s exercise of any rights listed
in this section:
· Deny goods or services to the consumer;
· Charge different prices or rates for goods or services;
· Provide a different level or quality of goods or services;
or
· Suggest in any way that a consumer will receive a different
price or rate for goods or services or a different level or quality of goods or
services.
o
We may
provide discounts or other incentives to customers who provide us with certain
of their Personal Information. For example, we may offer a discount to a
consumer who provides her contact information and payment information in order
to register with us.
o You may request the following
relating to your Personal Information from us:
§ A description of the categories of
Personal Information we collect and the reasons we collect this information.
§ All Personal Information we have
about you.
§ That we delete your Personal
Information.
§ A description of the categories of
Personal Information we collect and the categories of third parties to which we
disclose your Personal Information.
§ A list of third parties to which
we have provided your Personal Information for business purposes, and the
corresponding purpose for which we have disclosed your information.
o To exercise any of your rights under this section, contact us [A1] at (844) 544-4411 or support@agoraadvantage.com. You will
be required to provide us with your name, address and Advisor or customer
identification number, and the last four digits of the credit card that you
have on file with us so that we can verify your identity. The CCPA allows to act on your request if we can verify
your identity or your authority to make the request so you will need to follow
our instructions for identity verification. If you make a verifiable request
per the above, we will confirm our receipt and response in the time frames
prescribed by the CCPA.
Rights Of Data Subjects In Other Jurisdictions
In other jurisdictions, with similar data privacy
regulations, we may collect from you the categories of personal information
already described. We collect and manage (including disclose) such data in
compliance with applicable local law(s). As noted, we do not sell any of your
personal information to third parties nor do we use it for automated decision
making.
If
you have questions about this Privacy Policy or our privacy practices,
contact us at:
Agora Advantage, LLC
Attn: HR Department
1750 Prairie City Road
Suite 130-107
Folsom, CA 95630
Effective
Date
The effective date of this Privacy Policy is 1/1/2016.