Agora Lab, Inc. (“Agora”, “we”, “our” or “us”) has created this Data Privacy Framework Notice (“Notice”) to describe our standards and procedures for handling Personal Information in accordance with the EU-U.S., the UK Extension to the EU-U.S., and the Swiss-U.S. Data Privacy Frameworks (“DPF”).
Agora complies with the DPF as set forth by the U.S. Department of Commerce. Agora has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (“Principles”) with regard to the processing of Personal Information received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF. Agora has also certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles with regard to the processing of Personal Information received from Switzerland. We will not rely on the Swiss-U.S. Data Privacy Framework until it enters into force, but we adhere to its required commitments in anticipation of it doing so. If there is any conflict between the terms in this Notice and the Principles, the Principles shall govern. To learn more about the DPF, and to view our certification, please visit
https://www.dataprivacyframework.gov.
This Notice supplements our Privacy Policy and Processor Privacy Statement (“Privacy Policies”). Unless specifically defined in this Notice, the terms in this Notice have the same meaning as in our Privacy Policies. In case of conflict between the Privacy Policies and this Notice, this Notice prevails. In case of conflict between this Notice and the Principles, the Principles will govern. In this Notice, “Personal Information” means any information relating to an identified or identifiable natural person. “Controller” and “Processor” have the meaning given to them in the General Data Protection Regulation (EU) 2016/679 and the UK Data Protection Act 2018.
How we obtain Personal Information
We obtain and process Personal Information from the European Economic Area (“EEA”), the United Kingdom (“UK”), and Switzerland in different capacities:
- As a Data Controller, we collect and process EEA, UK, and Swiss Personal Information directly from individuals, either via our publicly available websites as well as all related websites, or when you use our Services. To learn more about how we collect and process your data as a Data Controller please see our Privacy Policy.
- As a Data Processor we obtain and process EEA, UK, and Swiss Personal Information on behalf of and at the instructions of our customers when you use our Services via customer applications (e.g., when customers integrate and deploy our live voice, video, messaging engagement capabilities or other features and functionalities into their web and mobile applications). To learn more about how we collect and process your data as a Data Processor please see our designated Processor Privacy Statement.
Agora commits to subject to the Principles all Personal Information received from the EEA, the UK, and Switzerland in reliance on the DPF as a Data Controller or as a Data Processor, as applicable.
How and why we disclose Personal Information
We disclose Personal Information to third parties as described in the Privacy Policies. Further, we disclose Personal Information as required in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. To learn more about the types of third parties and the purposes for which we disclose Personal Information, please see our Privacy Policies.
DPF Principles
- Notice. Our Privacy Policies in combination with this Notice describe our privacy practices, including the types of Personal Information collected and the purposes of the processing. When providing our Services as a Data Processor, our customers determine the types of Personal Information we process and the purposes of the processing. Accordingly, our customers are responsible for providing notice to individuals.
We will adhere to the Principles for as long as we retain the Personal Information collected under the DPF.
When providing our Services as a Data Processor, we process and retain Personal Information as necessary to provide our Services as permitted in our agreements, or as required or permitted under applicable law. - Accountability for Onward Transfer of Personal Information. Agora may transfer Personal Information as described in the Privacy Policies. When providing our Services as a Data Processor, we disclose Personal Information as provided in our agreement with customers.
We remain responsible for the processing of Personal Information received under the DPF and subsequently transferred to a third party acting as a Data Processor if the Data Processor processes such Personal Information in a manner inconsistent with the Principles, unless we prove that we are not responsible for the event giving rise to the damage. Agora will only onward transfer Personal Information received in reliance on the DPF if the third party recipient is also covered by the DPF or if it contractually ensures to provide the same level of protection for such data as is required by the Principles. - Security. Agora takes reasonable and appropriate precautions, taking into account the risks involved in the processing and the nature of the Personal Information, to help protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction.
- Data Integrity and Purpose Limitation. Any Personal Information we receive may be processed by Agora for the purposes indicated in our Privacy Policies or as otherwise notified to you. We will not process Personal Information in a way that is incompatible with these purposes unless subsequently authorized by you.
We take reasonable steps to limit the collection and usage of Personal Information to that which is relevant for the purposes for which it was collected, and to ensure that such Personal Information is reliable, accurate, complete and current. Individuals are encouraged to keep their Personal Information with Agora up to date and may contact Agora as indicated below or in the Privacy Policies to request that their Personal Information be updated or corrected. - Access and Choice. If we intend to use your Personal Information for a purpose that is materially different from the purposes for which it was originally collected or subsequently authorized, or if we intend to disclose it to a third party acting as a Data Controller not previously identified, we will offer you the opportunity to opt out of such uses and/or disclosures where it involves non- sensitive information or opt in where sensitive information is involved
Where appropriate, you have the right to access to the Personal Information we maintain about you and to correct, amend or delete that information when it is inaccurate or has been processed in violation of the Principles by sending a written request as indicated in “Contact Us” below. We will review your request in accordance with the Principles, and may limit or deny access to Personal Information as permitted by the Principles
When providing our Services as a Data Processor, we only process and disclose the Personal Information as specified in our agreements. Our customers control how Personal Information is disclosed to us and processed, and how it can be modified. Accordingly, if you want to request access, or to limit use or disclosure of your Personal Information, please contact the company to whom you submitted your Personal Information and that uses our Services. If you provide us with the name of the company to whom you provided your Personal Information and who is our customer, we will refer your request to that customer and support them in responding to your request. - Recourse, Enforcement and Liability. We conduct an annual self-assessment of our practices regarding Personal Information intended to verify that the assertions we make about our practices are true and that such practices have been implemented as represented.
If you have any questions or concerns, we encourage you to first write to us as indicated below. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the Principles. We will respond to you within 45 days of receiving your complaint.
If an issue cannot be resolved through Agora’s internal dispute resolution mechanism, you may submit a complaint, at no cost, to JAMS (https://www.jamsadr.com/DPF-Dispute-Resolution) which serves as Agora’s external alternative dispute resolution provider.
For residual complaints not fully or partially resolved by other means, you may be able to invoke binding arbitration as detailed in the Principles available here for the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF.
Agora is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.
Changes to this Notice
This Notice may be amended consistent with the requirements of the DPF. When we update this Notice, we will also revise the “Last Updated” date at the top of this document. Any changes to this Notice will become effective when we post the revised version on our website.
Contact Us
If you have any questions, concerns, or complaints regarding our privacy practices, or if you’d like to exercise your choices or rights, you can contact us:
- via email at privacy@agora.io; or
- by mailing to Agora Lab, Inc., 2804 Mission College Blvd, Suite 110, Santa Clara, CA 95054, United States
