Presented by Vincent Martinelli
Vincent Martinelli
Vincent E. Martinelli, Jr.
vincentemartinelli@vincentemartinelli.com
(203) 560-4958



Agora Advantage, LLC.

Privacy Policy

Effective January 1, 2016

 

Agora Advantage, LLC (referred to herein as “Agora Advantage”, “our”, “us” or “we”) is committed to respecting the privacy rights of those visiting the online and mobile resources that we publish, including this website. We created this Privacy Policy to give you confidence as you visit and use our online and mobile resources, and to demonstrate our commitment to fair information practices and to the protection of privacy.

 

This Privacy Policy is only applicable to our online and mobile resources and not to any Third-Party websites that may link to or from this website, which may have data collection, storage and use practices and policies that differ materially from this Privacy Policy.

 

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.

 

BY USING ANY OF OUR ONLINE AND MOBILE RESOURCES, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO THE TERMS OF, THIS PRIVACY POLICY. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.

 

Each time you visit one of our online and mobile resources, the then-current version of this Privacy Policy will apply. Accordingly, each time you visit this website you should check the date of this Privacy Policy (which appears at the end) and review any changes since your last visit. For additional information, see the section concerning Updates and Changes to Privacy Policy, below.

 

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

  • Traffic Data. Like most website operators, we automatically gather information of the sort that browsers automatically make available, including: (i) IP addresses; (ii) domain servers; (iii) types of devices accessing the Website; and (iv) types of Web browsers accessing the Website (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you.
  • Cookies. A “Cookie” is a string of information that a website stores on a user's computer, and that the user's browser provides to the website each time the user submits a query to the website. The purpose of a Cookie is to identify the user as a unique user of the website. We use Cookies to customize your experience on our online and mobile resources to your interests, to ensure that you do not see the same informational messages repeatedly, and to store your username so you do not have to re-enter it each time you visit our website.  
  • Third Party Cookies. We may allow third parties to use Cookies on our online and mobile resources, but we do not control the use or contents of third-party Cookies. Such third-party cookies may include:
    • Ad Services. In the course of providing advertisement services, we may allow third parties to utilize cookies on our online and mobile resources.
    • Data Providers. We use third-party data provider cookies in connection with our online and mobile resources.
    • Analytics. We use third-party analytics cookies to gain insight into how our visitors use our online and mobile resources. Third parties such as Google Analytics utilize cookies on our website for analytics.
    • Mobile Services Providers. If you access our online and mobile resources from a phone or other mobile device, the mobile services provider may transmit to us uniquely identifiable mobile device information which allows us to then collect mobile phone numbers and associate them with the mobile device identification information. Some mobile phone vendors also operate systems that pinpoint the physical location of devices, and we may receive this information as well if location services are enabled on your device. If you do not want us to collect and use geolocation data, disable location services through your device settings.

 

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.

  • Opting Out of Cookies. IF YOU DO NOT WISH TO HAVE COOKIES PLACED ON YOUR COMPUTER, YOU SHOULD SET YOUR BROWSER TO REFUSE COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN OF THE SERVICES AND CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF COOKIES. IF YOU REFUSE COOKIES, YOU ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.

 

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.

  • Credit Card/Financial Information – Credit card or other financial information collected at registration or for shopping cart orders is used only to process payment for purchases. Credit card information is retained by us in order to facilitate subscription purchases. In addition, users may elect to store their credit card information for in order to pay for future product orders and recurring fees. To protect your Personal Information, we take reasonable precautions and follow industry best practices to make sure your credit card information is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. Although no method of transmission over the Internet or electronic storage is 100% secure, we implement additional generally accepted industry standards

 

Information Use and Disclosure Practices

  • Traffic Data and Information Gathered Using Cookies. We analyze Traffic Data and information gathered using Cookies to help us better understand who is using our online and mobile resources and how they are using them. By identifying patterns and trends in usage, we are able to better design our online and mobile resources to improve your experience. From time to time, we may share Traffic Data and information gathered using Cookies in the aggregate. We do not link information gathered using Cookies to Personal Information.
  • Personal Information. Personal Information is used and disclosed as described in this Privacy Policy. Except as specifically set forth in this Privacy Policy, WE DO NOT share Personal Information. We may share aggregated information from time to time with our partners, vendors or other third parties. When such aggregate information is shared by us, no Personal Information is shared. In general, we use your Personal Information to:
    • Process your orders;
    • Communicate with you regarding your orders, your account, the use of our products or services, or otherwise provide customer service;
    • Maintain your account and keep track of any purchases made by you;
    • Authenticate your account credentials and identify you to login;
    • Personalize your experience;
    • Send you marketing communications about services and products offered by us and our affiliated companies, as permitted by law;
    • Improve our online and mobile resources;
    • Improve the customer service we provide; your Personal Information may be used for review and quality control purposes;
    • Authenticate your credit or debit card account information;
    • Create de-identified Personal Information to be used by us; and
    • Use for any other reason you consent to.
  • Disclosure Practices. Except under the following circumstances and otherwise as set forth in this Privacy Policy, We will keep your Personal Information private and will not sell it to or share it with third parties.

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   Unpaid Accounts. If you fail to pay any balance owed to us, we may, as permitted by law, report your Personal Information, including without limitation your unpaid balance, to consumer credit reporting services, collection agencies and others.

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.

 

Online Advertising

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.

 

Questions

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

support@agoraadvantage.com

 

Effective Date

The effective date of this Privacy Policy is 1/1/2016.