PM Labs, Inc. and its subsidiaries (collectively “Agara”, “we” or “us”) is committed to protecting your privacy and providing you with a positive experience on our websites and in using our products and services.
This Privacy Statement only covers our privacy practices with respect to the collection, use, and disclosure of personal information obtained: (i) through the Agara websites that link to this Privacy Statement (“Website”); (ii) in connection with your purchase and use of our software products (“Solutions”) and related support and professional services (“Services”); and (iii) in connection with events hosted by us where we collect information from registrants and attendees (“Events”). This PrivacyStatement does not cover any data stored in the Agara Solution.
For the purposes of this Privacy Statement:
- “Customer” means the entity or individual that purchases our Solution or Service, or visits or utilizes our Website or Mobile Applications.
- “Mobile Applications” means applications downloaded to a mobile device by an authorized user of our Solutions.
- “Partner” means an entity that sells Agara Solutions and Services or provides Services or technology to Agara Customers.
- “Personal Information” means any information that can identify a Customer.
If you have any questions or concerns about our use of your personal information, please contact us using the contact details provided at the bottom of this Privacy Statement.
Collection of Your Personal Information
The types of personal information we collect will depend upon your interactions with Agara. We may collect information directly from you when you use our Websites and purchase or use our Solutions and Services. We may also collect information from trusted third-party sourcesand engage third parties to collect personal information to assist us. The types or categories of information we collect from you may include the following:
- Contact Information and User Credentials. Name, employer name, title, email address, physical address, phone number, and other contact information.
- Payment and Billing Information. Credit card number, banking information and account information, and billing and shipping addresses.
- Demographic Information. On occasion, Agara may collect other demographic information, such as gender, race, ethnicity, veteran status and age.
- Event Information. Registration information related to your attendance at Events, including travel and contact information, scheduling information, food preferences or allergies and accessibility requests.
- Search Queries. The search text submitted by Customers of the Solutions when using our Solutions and Services.
- Online Identifiers. Internet protocol address when you access the Website or Mobile Application.
- Employment Application Information. Employment history, employment status, education and other background information in connection with an application for employment with Agara.
In some instances, Agara and the third parties we engage may automatically collect data through cookies, web logs, web beacons, and other similar applications. For detailed information, please see our Cookies Policy.
Uses of Your Personal Information
We may use your personal information for the purposes of operating our business, delivering, improving, and customizing our Websites, selling our Solutions and Services, sending marketing and other communications related to our business, and for other legitimate purposes permitted by applicable law.
Some of the ways we may use personal information include:
- To understand you and your preferences to enhance your Website experience;
- To send our Customer and Partners Agara-related information, including confirmations, account verification, invoices, technical notices, updates, security alerts, and support and administrative messages;
- To communicate with you about promotions, upcoming events, and news about products and services offered by Agara and our selected Partners;
- To link or combine information about you with other personal information we get from third parties, to help understand your needs and provide you with better and more personalized Website experience;
- To enforce our terms and conditions or protect our business, Partners, or Customers;
- To operate, maintain, and provide to you the features and functionality of the Website;
- In connection with your application for employment with Agara;
- To register you for Events you sign up for with us and populate profiles for you in our records;
- To communicate with you about Events or contact you for marketing purposes, in accordance with your marketing preferences;
- For industry analysis, benchmarking, analytics, marketing, and other business purposes;
- To operate and improve our Solutions; or
- To provide our Services.
We may also use information we collect about our Customers and Partners for billing and contracting purposes.
If you are from the European Economic Area, our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.
However, we will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you.
You can edit your communication preferences at any time. See Controlling Your Personal Information below.
Sharing Your Personal Information
We may share your personal information with third parties for the purposes of operating our business, selling, delivering and improving our Solutions and Services, sending marketing and other communications related to our business, and for other legitimate purposes permitted by applicable law or otherwise with your consent.
We may share personal information in the following ways:
- Within Agara and any of our global subsidiaries. These companies will use your personal information in the same way as we can under this Privacy Statement.
- With third party vendors, consultants and other service providers that perform services on our behalf. Examples include, but are not limited to: processing of orders and credit card transactions, hosting websites, hosting Event registration, assisting with sales-related efforts or post-sales support, recruitment and human resources, and providing customer support or Services.
- In connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or to another company.
- In response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation or legal process.
- With law enforcement officials, government authorities, or other third parties as necessary to comply with legal process or meet national security requirements; protect the rights, property, or safety of Agara, its business partners, you, or others; or as otherwise required by applicable law.
- In aggregated, anonymized, or de-identified form which cannot reasonably be used to identify you.
WE DO NOT SELL, RENT, OR TRADE INFORMATION COLLECTED THROUGH THE WEBSITE WITH THIRD PARTIES FOR THEIR PROMOTIONAL PURPOSES.
We may obtain additional information through Mobile Applications that you download to your mobile device (“Device”). “Mobile Applications” means applications downloaded by an authorized user of our mobile software application to a mobile device. Mobile Applications we provide may obtain, collect or access information from your Device in connection with your use of the Solutions, and are designed to interoperate with the Solutions; for instance, to provide you with access to information within the Solutions.
In order to provide and operate the Mobile Applications, we need certain information from you. For example, we ask you to provide some personal information, such as login credentials to access and use the Solutions through the Mobile Applications. We may only be able to collect or access this information if the Device settings allow it, so you should always review our Mobile Applications settings under the Device settings menu to determine the access restrictions for the Mobile Applications. The Mobile Applications also provide location information to us by way of the internet protocol addresses from which you access the Mobile Applications.
Our Mobile Applications may also provide us with information regarding your Device, such as the Device model, manufacturer, and operating system. We may also collect Device event information, such as error logs and crashes related to our Mobile Applications, which allows us to provide a better experience to you. In addition, we may use information collected by our Mobile Applications to enforce our rights arising from contracts we enter into with you.
In addition, to provide this Mobile Application, we work with our group companies and certain partners and service providers who may have access to your information.
Security of Your Personal Information
We implement physical, administrative, and technical safeguards designed to protect your personal information from unauthorized access, use, or disclosure. We also contractually require that our suppliers protect such information from unauthorized access, use, and disclosure. However, you should know that no company, including Agara, can fully eliminate security risks associated with personal information. Further, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any personal information you provide to us.
Retention of Your Personal Information
We will retain your personal information as needed to fulfill the purposes for which it was collected. We will retain and use your personal information as necessary to comply with our business requirements, legal obligations, resolve disputes, protect our assets, and enforce our agreements. When we have no ongoing legitimate business need to process your personal information, we will either delete it, anonymize it or securely store your personal information and isolate it from any further processing until deletion is possible.
Controlling Your Personal Information
Our marketing emails permit you to “opt-out” of or “unsubscribe” from receiving further marketing emails. Certain jurisdictions, for example the European Economic Area (“EEA”), provide their residents certain privacy rights under applicable law, including the right to object to or restrict the processing of personal information, to transfer personal information (data portability), or to request that we correct any inaccuracies or otherwise update your personal information. Please see section “General Data Protection Regulation (“GDPR”)” for more information if you are EEA resident.
You may send us an e mail at [email protected] to exercise your rights or contact us as further described below (How to Contact Us). We will respond to such requests in accordance with the requirements of applicable data protection laws. Please note that in order to fulfil your request, we may need you to provide certain information to verify your identity.
These choices do not apply to service notifications or other required communications that are considered part of the Solutions, which you may receive periodically unless you stop using or cancel the Solution in accordance with its terms and conditions. Moreover, certain personal information may be exempt from such requests in certain circumstances, which may include circumstances where we need to keep processing your personal information for our legitimate interests or to comply with a legal obligation.
Event registrants and attendees may update their user profiles for Events we host by logging into the applicable event website or registration page.
Cookies and Web Beacons
Like many websites, Agara uses automatic data collection tools, such as cookies, embedded web links, and web beacons. “Cookies” are small text files that we and others may place in Customers’ computer browsers to store their preferences. “Web beacons” or “pixel tags” are small pieces of code placed on a web page or within the body of an email to monitor the behavior and collect data about the Customers viewing a web page or viewing or opening an email.
While Agara attempts to honor “do not track” (“DNT”) instructions we receive from a user’s browser, we cannot guarantee that Agara will always respond to such signals, in part, because of the lack of common industry standard for DNT technology. We continue to monitor developments in DNT technology and stay apprised of DNT industry standards as they evolve.
California Consumer Privacy Act (“CCPA”)
This Privacy Statement is adopted in part to comply with the CCPA. Under the CCPA, Customers that are California residents have certain rights to access or delete their personal information. If you are a Customer that resides in California, this section describes your CCPA rights and explains how to exercise those rights.
- Right to Request Information About what Agara has Collected
You may submit a “request to know” the personal information or specific categories and pieces of personal information that Agara collects about you, and the business purpose for which Agara collects such personal information. Please see section “How to Make Requests under the CCPA” for information on how to submit a request to know.
- Right to Request Deletion of Personal Information
You have the right to request that Agara delete any of your personal information thatAgara collected from you and retained, subject to certain exceptions. Once Agara receives and confirms your verifiable request (see “How to Make Requests under the CCPA” below), Agara will delete (and direct our service providers or third-parties to delete) your personal information from its records, unless an exception applies.
AGARA DOES NOT SELL PERSONAL INFORMATION.
How to Make Requests under the CCPA
If you are a California resident, you may make a request to exercise your “right to know” or “right to delete” personal information. When you submit a request, Agara will confirm receipt of your request within ten (10) days, and Agara will get back to you with a personalized response within forty-five (45) days of receiving your request. The timeframe for Agara to provide the required information may be extended once by an additional 45 days when reasonably necessary, provided you are given notice of the extension within the first 45-day period.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. If you are someone who will need a legally authorized agent to make a consumer request on your behalf, Agara will require (1) verification of both yours and your agent’s identity (valid government issued identification or proof identity acceptable to us at our sole discretion), and (2) sufficient proof of your agent’s power of attorney pursuant to California Probate Code sections 4000-4545.
You can make a request by contacting us at:
- +1 (512) 333 4634; or
- Email: [email protected]; or
- Making a written request and sending it to:
PM Labs, Inc.,
Attn: General Counsel
340, South Lemon Ave #6212,
Walnut, CA 91789
General Data Protection Regulation (“GDPR”)
Agara recognizes that it makes its Services and Website available to residents of the European Economic Area (EEA)/European Union (EU). For this reason, this Privacy Statement is tailored to address all rights under the General Data Protection Regulation (“GDPR”) that protects the information of EEA/EU residents. In addition to all the rights mentioned so far in this Privacy Statement (with the exception of the CCPA), EEA/EU residents have the right to:
- Request access to the information that Agara collects about them and receive copies of such information.
- Request deletion of your information, except under certain conditions.
- Request rectification of your information or correct any information that you believe is incorrect, or also complete any information that you believe is incomplete.
- Request that Agara does not process your information, except under certain conditions.
- Request that Agara transfers your information directly to you or another organization.
You may make a request by contacting us at:
- 1 (512) 333 4634; or
- Email: [email protected]; or
- Making a written request and sending it to:
PM Labs, Inc.,
Attn: General Counsel
340, South Lemon Ave #6212,
Walnut, CA 91789
For compliance with the GDPR, we use the term “personal data” to mean the same term as “personal information”, which means any information that can individually identify an individual. We use the term “processing” generally to cover actions that can be performed in connection with data, such as collection, use, recording, storage, and disclosure.
For all Customers, Agara is only a data processor of personal data processed in connection with the Services provided. Agara may also use third-party sub-processors to process personal data. For some Customers, Agara may store certain personal data on its system, but Agara claims no ownership or control of any personal data stored on its systems, and will not take any action on the personal data other than those necessary for a legitimate business purpose. Customers retain all control and ownership of all personal data collected, used, recorded, or stored by Agara in providing Services.
Agara may collect, use, and/or store anonymized Customer personal data such as aggregated personal data, de-identified personal data, data assigned a numerical value, and metadata (collectively, “anonymized data”). Anonymized data is data that has been stripped of any information that could identify a Customer in which the data pertains. Agara may use Anonymized Data for the purpose of analyzing and improving the performance of the Service, including the machine learning algorithms underlying the Service. Agara ensures the use of appropriate security measures, and the minimization of any security risk in the collection, retention, and use of Anonymized Data.
FOR ALL PURPOSES AGARA DOES NOT SELL PERSONAL DATA.
International Data Transfer
Agara stores and processes any information collected in in: (i) any country where we have facilities, (ii) any country in which we engage service providers; or (iii) any country where Events are held.
If you are a user from the EEA/EU, we will protect your personal information when it is transferred outside of the EEA/EU by:
- Processing it in a territory which the European Commission has determined provides an adequate level of protection for personal information; or
- Otherwise implementing appropriate safeguards to protect your personal information, including through the use of Standard Contractual Clauses or another lawful transfer mechanism approved by the European Commission.
If you require further information about our international transfers of personal information, please contact us using the contract details in the “How to Contact Us” section below.
We may provide links to other third-party websites and services that are outside our control and not covered by this Privacy Statement. We encourage you to review the privacy statements posted on those websites (and all websites) you visit.
Forums and Chat Rooms
We offer you the ability to post information and exchange ideas through our websites and other services such as Agara Community.
If you participate in the Agara Community or other discussion forum or chat room on a Agara Website, you should be aware that the information you provide there (i.e. your public profile) will be made broadly available to others, and could be used to contact you, send you unsolicited messages, or for purposes neither Agara nor you have control over. Agara will not be responsible in the event that you disclose personal information in your posts, through our public services or during any other communication with other Website users.
Agara does not knowingly collect personal information from children without appropriate parental or guardian consent. If you believe that we may have collected personal information from someone under the applicable age of consent in your country without proper consent, please let us know using the methods described in the How to Contact Us section and we will take appropriate measures to investigate and address the issue promptly.
Changes to this Privacy Statement
Agara may modify or update this Privacy Statement from time to time to reflect the changes in our business and practices, and so you should review this page periodically. When we change the Privacy Statement in a material manner we will let you know and update the ‘effective date’ at the top of this page.
How to Contact Us
If you have any questions about this Privacy Statement or our privacy practices, please contact us at [email protected].
Or, you may write to us at:
PM Labs, Inc.
Attn: General Counsel
340 South Lemon Avenue, #6212
Walnut, CA 91789